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HomeMy WebLinkAbout13-0951('' j r• r - [~ 13 FEB 21 A~ I I ~ Ci 7 Ct~M~~~t~.f~hE) CpU~iT' f'~#~l~~YLV~NIA BARLEYSNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Attorneys for Plaintiff Lancaster, PA 17602 Fulton Bank, N.A., formerly known as 717.299.5201 Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff v. ERIC R. BUXTON and STACY L. BUXTON, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION(-~LA<W 1 1 Defendants NOTICE TO DEFEND Pursuant to PA RCP No. 1018.1 YOU HAVE BEEN SUED IN COURT. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment maybe entered against you by the Court without further notice to you for any money claimed in the Complaint or for any other claim or relief requested by Plaintiff(s). You may lose money or property or other rights important to you. l2-l€ c~8(p7,~j YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 Effective September 1, 2003 3814514-1 BARLEYSNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, v. ERIC R. BUXTON and STACY L. BUXTON, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW Plaintiff Defendants No. AVISO PARR DEFENDER Conforme a RCP No. 1018,1 del PA LE HAN DEMANDADO EN CORTE. Si usted desea defender contra las demandas dispuestas en las paginas siguientes, usted debe tomar la accion en el plazo de veinte (20) dias despues de esta queja y el aviso es servido, incorporando un aspecto escrito personalmente o por el abogado y archivando en escribir con la corte sus defensas u objeciones a las demandas dispuestas contra usted. Le advierten que si usted no puede hacer asi que el caso puede proceder sin usted y un juicio se puede incorporar contra usted por la corte sin aviso adicional a usted para cualquier dinero demandado en la queja o pars cualquier otra demanda o relevacion pedida por Plaintiff(s). Usted puede perder el dinero o la caracteristica u otra endereza importante a usted. LISTED DEBE LLEVAR ESTE PAPEL SU ABOGADO INMEDIATAMENTE. SI LISTED NO TIENE Un ABOGADO, VAYA A O LLAME POR TELEFONO La OFICINA DISPUESTA ABAJO. ESTA OFICINA PUEDE PROVEER De USTED La INFORMACION SOBRE EMPLEAR A un ABOGADO. SI USTED NO PUEDE PERMITIRSE AL HIRE A un ABOGADO, ESTA OFICINA PUEDE PODER PROVEER DE LISTED LA INFORMACION SOBRE LAS AGENCIAS QUE LOS SERVICIOS JURIDICOS de la OFERTA de MAYO A LAS PERSONAS ELEGIBLES EN Un HONORARIO REDUCIDO O NINGUN HONORARIO. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 Efectivo 1 de Septiembre, 2003 Queja 3814514-1 BARLEYSNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, v. ERIC R. BUXTON and STACY L. BUXTON, Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION -LAW No. Defendants COMPLAINT Plaintiff, Fulton Bank, N.A., formerly known as Fulton Bank ("Fulton"), is a national banking association having an office at One Penn Square, P.O. Box 4887, Lancaster, Pennsylvania 17604. 2. Defendant, Eric R. Buxton, is an adult individual with a last known address of 2506 Mallard Way, Mechanicsburg, Pennsylvania 17055-5300. 3. Defendant, Stacy L. Buxton, is an adult individual with a last known address of 1 Commercial Drive, Camp Hill, Pennsylvania 17011-7511. 4. On or about January 9, 2007, Defendants executed and delivered to Fulton a Note (the "Note") in the original principal sum of $40,000.00. A true and correct copy of the Note is attached hereto as Exhibit "A" and incorporated herein by reference. 5. The Note carries interest at the initial rate of 7.19% per annum and requires Defendants to make monthly payments of principal and interest in the initial amount of $416.49, beginning February 27, 2007 and continuing thereafter on the twenty-seventh (27th) day of every month until all outstanding principal and all accrued interest are paid in full. 6. The Note requires Defendants to pay a late charge often percent (10%) of the overdue payment of principal and interest or $20.00, whichever is greater, when Fulton does not receive Defendants' monthly payment within sixteen (16) days of the date that the payment is due. 7. The Note is secured and accompanied by a Mortgage (the "Mortgage") dated January 9, 2007 and recorded in the Office of the Recorder of Deeds of and for Cumberland County, Pennsylvania, on January 25, 2007, on Defendants' property being located at 2506 Mallard Way, Mechanicsburg, Cumberland County, Pennsylvania (the "Premises"). A true and correct copy of the Mortgage is attached hereto as Exhibit "B" and incorporated herein by reference. 8. Defendants are in default under the Note and Mortgage for failure to make monthly payments which were due beginning October 27, 2011 and each month thereafter. 9. Notice as required by the Homeowner's Emergency Mortgage Assistance Act of 1983 (Pennsylvania Act 91) was sent to Defendants by Certified Mail, Return Receipt Requested 3814514-1 on December 11, 2012. A true and correct copy of this notice is attached hereto as Exhibit "C" and incorporated herein by reference. 10. Pursuant to the Note, in the event of Default, Fulton may, and hereby does, declaze all amounts owed under the Note, including principal, accrued interest, late charges, and all other charges, including reasonable attorneys' fees, to be immediately due and payable. 11. Pursuant to the Note, in the event of Default, Fulton is entitled to be reimbursed for all costs and expenses, including reasonable attorneys' fees incurred in bringing any action to enforce the Note. 12. For purposes of this action, Fulton believes, and therefore avers, that $3,000.00 constitutes reasonable attorneys' fees for enforcing the Note. However, Fulton recognizes that it is restricted by law to those attorneys' fees that are actually incurred. If those fees are less than $3,000.00, Fulton agrees to adjust its demand for attorneys' fees, if applicable, at the time payment on any judgment is made. 13. As of January 11, 2013, the amount due on the Note and the Mortgage is as follows: Principal Balance ....................................................................... $28,432.40 Interest through O1 /11 /13 at a rate of $5.60 per diem ....................................................... 2,637.97 Late Charges ............................................................................... 541.32 Prior Legal Fees ......................................................................... 1,208.50 Attorneys' Fees .......................................................................... 3,000.00 Total $35,820.19 plus continuing interest after January 11, 2013 at a rate of $5.60 per diem, plus continuing late charges, attorneys' fees and costs. 3814514-1 14. Fulton has demanded payment of the amount owed from Defendants but Defendants have failed and/or have refused to pay the same. 15. Pursuant to the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et seq., Defendants may dispute the validity of the debt or any portion thereof. If Defendants do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendants with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendants the name and address of the original creditor if different from the above. 16. This is an action in personam on a Note accompanying a Mortgage and is not an action in Mortgage Foreclosure. WHEREFORE, Plaintiff, Fulton Bank, N.A., formerly known as Fulton Bank demands judgment against Defendants, Eric R. Buxton and Stacy L. Buxton, in the amount of $35,820.19, plus continuing interest after January 11, 2013 at a rate of $5.60 per diem, plus continuing late charges, attorneys' fees and costs. Date:_~ BARLEYSNYDER By: Shawn M. Long, Attorneys for Pla Fulton Bank, N~ Fulton Bank Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 ,formerly known as 3814514-1 VERIFICATION FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK vs. ERIC R. BUXTON and STACY L. BUXTON I, TONYA SAMUEL, being duly affirmed according to law, depose and say that I am Authorized Representative for Fulton Bank, N.A., formerly known as Fulton Bank; that I am authorized to make this Verification on its behalf and that the facts set forth in the foregoing Complaint are true and correct to the best of my knowledge, information, and belief. To the extent that any of the averments in the foregoing document are based upon the understanding or application of law, I have relied upon counsel in making this Verification. This Verification is made subject to the penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. Date: ~ -~ ! ,~ ~~-.-i~©--~ onya Samuel EXHIBIT "A" PROMISSORY NOTE References in the shaded area are for Lender's use only and do not limit the applicability of this document to any particular loan or item. Any item above containing " "has been omitted due to text length limitations. SOrrower: ERIC R BUXTON STACY L BUXTON 2506 MALLARD WAY MECHANICSBURG. PA 17055 Lender: Futon Bank Downtown Harrisburg Office 3rd & Locust Sts. Harrisburg, PA 17108 Principe! Amount: 540,000.00 Interest Rate: 7.19096 Date of Note: January 9, 2007 Maturity Date: January 27, 2019 NOTICE. THIS NOTE CONTAINS AN ARBITRATION PROVISION. IN THE NEXT 30 DAYS, YOU CAN ELECT TO REJECT THE ARBITRATION PROVISION. UNLESS YOU DO SO, THE ARBITRATION PROVISION WILL HAVE A SUBSTANTIAL IMPACT ON HOW ANY LEGAL CLAIMS WE HAVE AGAINST EACH OTHER ARE RESOLVED. PROMISE TO PAY. I ("Borrower"- }olntly and severally promise to pay to Futon Bank ("Lender"), or order, in lawful money of the United States of America, the principal amount of Forty Thousand & 00!100 Dotlars 1340,000.00), together with interest at the rate of 7.190% per annum on the. unpaid prlnapsl balance from January 13, 2007, until paid in full. The interost rate may change under the terms and conditions of the "PREFERRED RATE REDUCTION" section. Tha interest rate may also change under the terms and conditions of the "INTEREST AFTER DEFAULT" section. Unksa waived by Lander, any Increase in the interest rate will increase the amourtri of my payments. PAYMENT. I wilt pay this loan in 144 payments of S4113.49 each payment. My First payment Is due February 27, 2007, and erg subsequent payments are due on the carne day of each month after that. My final payment wll be due on January 27, 2019, and wil be for all principal and all accrued interest not yet paid. Payments Include principal end interest. Unless otherwise agreed or required by appllcabk few, payments will be applied first to any accrued unpaid interest; then to principal; then to any late charges; and then to any unpaid collection costs. Interest on thb Note is wrnputsd one 365!366 simple interest basis: that is, by applying the ratio of the annual interest rate over the number of days in a year [366 during Nap years], multiplied by the outstanding principal balance, mukipllsd by the actual rwmber of days the principal balance is outstanding. I wig pay Lender at Lender's address shown above or at such other place as Lender may designate in writing. PREFERRED RATE REDUCTION. The interest rate on this Note includes a preferred rate reduction. Following is a description of the event that would cause the preferred rate reduction to terminate and how the new rate will be determined upon termination of the preferred rate reduction. Description of Event That Would Cause the Preferred Rate Reductien to Terminate. The preferred rate reduction will cease if: ()) Borrower's election to deduct payments from Borrower's Deposit Account is revoked: Iii) Borrower's Deposk Account does not have sufficient funds to make a payment; or lilt) Borrower or Lender, for any reason, close Borrower's Deposit Account. How The New Rate Will Be Determined Upon Termination of the Preferred Reduction. The new rate will be determined by increasing the current rate on the loan by .50%. PREPAYMENT. I may pay without penalty all or a portion of the amount owed earlier than it is due. Early payments will not, unless agreed to by Lender in writing, relieve me of my obligation to cohtinue to make payments under the payment schedule. Rather, early payments will reduce the principal balance due and may resuh in my making fewer payments. I agree not to send Lender payments marked "paid in full", "without recourse", or slnralar language. If I send such a payment, Lender may accept it without losing any of Lender's rights under this Note, and 1 will remain obligated to pay any further amount owed to Lender. Alf written communications concerning disputed amounts, including any check or other payment instrument that indicates that the payment constitutes "payment in full" of the amount owed or that is tendered with other conditions or limitations or as full satisfaction of a disputed amount must be mailed or delivered to: Fulton Bank, Loan Operations, P.O. Box 69 East Petersburg, PA 17520-0069. LATE CHARGE. If a payment is 16 days or more late, I will be charged 10.000% of the unpaid portion of the regularly scheduled payment or 820.00, whichever is greater. INTEREST AFTER DEFAULT. Upon default, including failure to pay upon final maturity, the total sum duo under this Note will continue to accrue interest at the interest rate under this Note. If judgment is entered in eonnectron with this Note, interest will continue to accrue after the date of judgment at the rate in effect at the time judgment is entered. DEFAULT. 1 will be in default under this Note if any of the following happen: Payment Defauk. 1 fail to make any payment when due under this Note. Break Other Promises. I break any promise made to Lender or tail to perform promptly at the time and strictly in the manner provided in this Note or in any agreement related to this Note, or in any other agreement or loan I have with Lender. False Statements. Any representation or statement made or furnished to Lender by me or on my behalf under this Note or the related docurr~nts is false or misleading in any material respect, either now or at the time made or furnished. Death or Insolvency. Any Borrower dies err becomes insolvent; a receiver is appointed for any part of my property; I make ah assignment for the beneft of creditors; or any proceeding is commenced either by me or against me under any bankruptcy or insolvency laws. Taking of the Property. Any creditor or governmental agency tries to take any of the property or any other of my property in which Lender has a lien. This includes taking of, garnishing of or levying on my accounts with Lender. However, if I dispute in good faith whether the claim on which the taking of the property is based is valid or reasonable, and if f give Lender written notice of the claim and furnish lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Defective ColNtsnNzadon. This Nota or any of the related documents ceases to be in full force and effect (including failure of any collateral document tv create a valid and perfected security interest or lien) at any time end for any reason. PROMISSORY NOTE Loan No: 0121417538 (Continued} Page 2 Collateral Damage or Loaa. Any collateral securing this Note is lost, stolen, substantially damaged or destroyed and the lass. theft, substantial damage or destruction is not covered by insurance. Events ANecting Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, surety, or accommodation party of any of the indebtedness or any guarantor, endorser, surety, or accommodation party dies or becomes incompetent, or revokes or disputes the validity of, or liability under, any guaranty of the indebtedness evidenced by this Note. In the event of a death, Lander, at its option, may, but shalt not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to Lender; and, in doing so, cure any Event of Default. Cure Proviaiona. If any default, other than a default in payment is curable and if I have not been given a notice of a breach pf the same provision of this Note within the preceding twelve (121 months, it may be cured if I, after receiving written notice from Lender demanding cure of such default: 11} cure the default within fifteen {15) days; or (2} if the cure requires more than fifteen 11 S) days, immediately initials steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and thereafter Continue and complete ail reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical, LENDER'S RIGHTS. Upon default, lender may, after giving such notices as required by applicable law, declare the entire unpaid principaE balance under this Note and al( accrued unpaid interest immediately due, and then I will pay that amount. ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note ii I do not pay. I wilt pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal i:xpensea, whether or not there is a lawsuit, including attorneys' fees, expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), and appeals. tt rWt prohibited by applicable taw, {also will pay any court costs, in addition to al{ other sums provided by law. JURY WAIVEA. Lender and I hereby waive the right to any Jury trial In any action, proceeding, or counterclaim brought by either Lander or me against the other. GOVERNING LAW. This Note will be governed by federal law applicabb to Lender and, to the exterrc not preempted by fWeral law, the Iowa of the Cortvnonwealth of Pennsylvania without regard to its canfltcta of law provisions. This Note has been accepted by Lender an the Commonwealth of Pennsylvania. CHOICE OF VENUE. If there is a lawsuit, I agree upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. DISHONORED ITEM FEE. I will pay a fee to Lender of 925.00 if I make a payment on my loan and the check or preauthorized charge with which I pay is later dishonored. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all my accounts with Lender Iwhether checking, savings, or some other account). This includes all accounts I hold jointly with someone else and all accounts I may open in the future. However, this does not include any IRA or Keogh accounts, or any trust accounts for which setoff would be prohibited by law. I authorize Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and al( such accounts, and, at Lender's option, to administretlvely freeze all such accounts to allow tender to protect Lender's charge and setoff rights provided in this paragraph. COLLATERAL. I acknowledge this Note is secured by the following collateral described in the security instrument listed herein: a Mortgage dated January 9, 2007, to Lender on real property located in CUMBERLAND County, Commonwealth of Pennsylvania: PROPERTY INSURANCE. I understand chat I am required to obtain insurance for the collateral securing this Note. Further information concerning this requirement is set forth in the Mortgage and in the Agreement to Provide Insurance, all the terms and conditions of which are hereby incorporated and made a part of this Note, ARBITRATION. As set iarth below, any Jegal disputes between you and me may be subject to binding arbkretlon uMpa I elect in the next 30 days to reject this Arbitration Provision. For a Claim subject to arbitration, neither 1 nor you wiN have the right to: 11j have a court or a fury decide the Gladrn; (2} engage in InfarmaYwn•gathering (discovery) to the same extent as in court; (3} participate in a doss action or private attorney general action in court or in arbitratfon; or 14) join or consoridata ClalmlaT affecting me with claims atfectlttg any other person. The right to appeal is more limited In arbitration than in court and other rights in court may be unavailable or limited in arbitration. Deflnkbna. As used in this Provision: "1", "me" and "my" mean each person who signs this Note as Borrower. "You" and "your" mean; lt} Fulton Sank (the "bank"}; {2} any person(s) to whom this Nate is transferred or assigned; 13} any Covered Provider; (41 the parents, subsidiaries and affiliates of the companies in 11}.(31 above; {51 the successors and predecessors of the companies in i1)-f4) above; and (61 the officers, directors and employees of the companies in (11-f 51 above. "Covered Provider" means any third party that provides any product or service in connection with the Credit if (and only if) such third party is named as a co-party with you in a Claim 1 assert. The term "Covered Provider" may include, without limitation, mortgage, loan and real estate brokers; appraisers; credit bureaus; insurance agents, brokers and underwriters; escrow and closing agents; attorneys; loan servicers; and debt collectors. "Credit" means the loan evidenced by this Note. "Credit Documenq" means this Mote, the Mortgage securing my obligation to repay the Credit and any other documents executed in connection with the Credit. "Claim" means any claim, dispute or controversy between you and me, other than any Excluded Claim or Proceeding, arising from or relating in any way to the Credit. Without limiting the shove definition, "Claims" can relate to: (T) the Credit Documents; (21 Credit rates, fees and terms; 13) insurance or other services or products offered or made available to me in connection with the CredR; 14} any related advertising, information or statements; f5l any related negotiations; (6) any property securing the Credit; (71 the origination, closing, servicing, collection or enforcement of the Credit; and (e) any claim based on your improper receipt, disclosure or failure to protect any information about me. The term "Cb~fm" is to be given the broadest passible meaning, and includes claims of every kind and nature, including but not limited to initial and amended claims, counterclaims, cross claims and third-party claims. "Claims" can be based upon any legal theory, including contract, tort (including misrepresentation or fraud, statute, regulatan or otherwise. The term "Claim" includes pre-existing, present or future claims, 'Claims" can seek relief of any type, including damages and/or injunctive, declaratory or other equitable relief. A party does not waive the right to require arbitration of a new Claim by bringing a Claim in a lawsuit or tailing to require arbitration of another Claim. Notwithstanding the broad definition of "Claim" set forth above, a "Claim" shall not include any self-help or non-judicial remedy, including but not limited to acceleration of the Credit, non judicial foreclosure, self-help repossession andlor set-off; and shall not include any individual judicial action by a party that is limited to preventing the other party from using aself-help or non-judicial remedy and that does not involve a request for damages or monetary relief of any kind. "Excluded Claim or Proceeding" means any of the folowing claims or proceedings, which will not be subject to this Provision: (t) any individual action brought by me in small claims court or my state's equivalent court, unless such action is transferred, removed, or appealed to a different court: {21 any action to effect a judicial or quasi-judicial forecosure; 13) any eviction or other summary proceeding to secure poasessian of real PROMISSORY NOTE Loan No: 0121417538 1COntinued- Page 3 property securing the Credit; 14) any action to assert, collect, protect, realize upon or obtain possession of the collateral for the Credit in any bankruptcy proceeding; (51 any action to quiet title; IB) any action to the extent that it seeks provisional or ancillary remedies in connection with any of the }oregoing; {7) any individual action to prohibit any of the foregoing so tong as it does not involve a request for damages or monetary relief of any kind; and 181 any dispute concerning the validity and effect of the subsection below captioned "No Class Actions, Etc." Notwithstanding the prior sentence, you agree to arbitrate under this Provision at my request any matter covered by items {2--17)' above if you conclude or a Court finally determines that arbitration will afford you and me substantially the same substantive rights and remedies as a court proceeding. If you ere allowed to proceed in court whh respect to any of the matters covered by items {2)-17) above, I may assert in court or in a separate arbitration any defenses I may have to your Claims, but any Claim for rescission or monetary relief I may have remains subject to arbitration at your election. In the event I assert in arbitration a defense to an Excluded Claim or Proceeding, you agree to stay your pursuit of such Excluded Claim or Proceeding until the arbitration award becomes final. "Adminlstrator" means the National Arbitration Forum, P.O. Box 50191, Minneapolis. MN 55405, www.arb-forum.com, {8001 474-2371; or the American Arbitration Association, 335 Madison Avenue, New York, NY 10017, www.adr.oro, as selected in accordance with this Provision. However, if both the NAF and AAA are unable to serve, the parties may agree upon another Administrator or, it they are unable to agree, a court shall determine the Administrator. "Notice Address" means the address that must be used for giving all notices under this Provision (other than notices given in lawsuits, which may be given in accordance with the rules of the courtj. The Notice Address for me is the latest address you have in your files. The Notice Address for you is Fulton Bank, Attn: Consumer Loan Operations -Arbitration, 1695 State Street, East Petersburg, PA 17520, although you may give me notice at any time that you have changed your Notice Address. Starting An Arbitration. To start an arbitration, you or I must give written notice of an election to arbitrate. This notice may be given after a lawsuit has been filed and may be given in papers filed in the lawsuit. if such a notice is given, the Claim{sl described in the notice shall be resolved by arbitration under this Provision and, to the extent consistent with this Provision, the applicable rules of the Administrator then in effect. If I elect to arbitrate a Claim, I can choose the Administrator in my notice. If you elect to arbitrate a Claim, I can choose the Administrator by giving you written notice of my selection within 20 days after the date of your notice. If I do not timely choose the Administrator, you will do so. The arbitrator will be selected under the Administrator's rules, except that the arbitrator must be a lawyer with at least ten years of experience or a retired judge unless the parties agree otherwise. Any party who wrongfully fails to comply with this Provision shall be liable to the other party for all reasonable costs, including attorneys' fees, incurred in enforcing this Provision. Locatlon And Costs. Any arbitration hearing that 1 attend must take place in a location that is reasonably convenient for me. So long as I act in good faith, you will bear any arbitration filing, administrative, hearing and similar fees which I am required to pay to pursue a Claim (whether the fees are incurred in the initial arbitration proceeding or in an appeal to a panel of arbitrators/, to the extent that 1 would not be required to bear such fees in court. You will also bear all amounts you are required to bear under applicable law or that you must pay in order for this Provision to be enforced. Subject to the last sentence of the subsection captioned "Starting An Arbitration," each party must pay for its own attorneys, experts and witnesses, regardless of who wins the arbitration, except where applicable law and/or the Administrator's rules provide otherwise. Governing Law; Obtaining Information {Discovery). This Note involves interstate commerce and this Provision is governed by the Federal Arbitration Act, 9 U.S.C. 00 1 et seq. (the "FAA"1, and not federal or state rules of civil procedure or evidence or any state laws that pertain specifically to arbiVation. The arbitrator shall be obligated to follow applicable substantive laws, statutes of limitation and privilege rules related to any Claim. The arbitrator shall award the remedies, if any, that would be available in an individual court proceeding if arbitration had not been elected. This includes, without limitation, compensatory, statutory and punitive damages {which shall be governed by the constitutional standards applicable in judicial proceedingsl; declaratory, injunctive and other equitable relief; and attorneys' fees and costs. Upon the timely request of either party, the arbitrator shall write a brief explanation of the grounds for his or her decision. in addition to the parties' rights under the Administrator's rules to obtain information prior to the hearing, either party may ask the arbitrator for more information from the other party. The arbitrator will decide the issue in his or her sole discretion, after allowing the other party the opportunity to object. No Class Actions, Etc. Notwithstanding any other provision in this Provision to the contrary, if you or I elect to arbitrate a Claim, neither I nor you will have the right: la- to participate in a class action or private attorney general action in court or in arbitration, whether as a class representative, class member, class opponent, private attorney general or otherwise; or (bl to join or consolidate Claims with claims of any person other than me. No arbitrator shall have authority to conduct any arbitration in violation of this provision. Effect Oi Arbitration Award. Any court with jurisdiction may enter judgment upon the arbitrator's award. The arbtrator's award will be final and binding, except for: It- any appeal rght under the FAA; and 12) Claims involving more than 550,000. For Claims involving more than 550,000, any party may appeal the award {regardless of the amount) to a three-arbitrator panel appointed by the Administrator, which will reconsider de novo any aspect of the initial award that is appealed. The panel's decision will be final and binding, except for any appeal right under the FAA. ContMtued Effect Oi Arbitration Provision; Severability; Conflicts. This Provision shall survive: 11 }any modification of this Note or any extension or forbearance under this Note; 12) my full repayment of the Credit; {3- your sale or transfer of the Credit; 14) any foreclosure or other legal proceeding by you to collect the Credit; (51 the transfer of any property securing the Credit; f6- any bankruptcy (except where prohibited by bankruptcy Iaw1; and i7) any rescission by me or attempt by me to rescind the Credit pursuant to any applicable law. If any portion of this Provision tether than the subsection captioned "No Class Actions, Etc.") cannot be enforced, the rest of this Provision will continue to apply. However, if the subsection captioned "No Class Actions, Etc." is held invalid, subject to the right to appeal such holding, the entire Provision /except this sentence/ shall be null and void with respect to such proceeding. Rejection Of Arbibation Provision. This P-ov'rsion will apply unless I cancel it within 30 days after the Data of Note above. Cancellation of this Provision wiH not affect the farms of the Credit or result in any penalty or other adverse consequence. To Cancel this Provision, I must send you a written notice, signed by me (by each of ua, if more than one person is liable to repay the Credit/. The notice must be mailed or faxed within 30 days after the data of this Provision to the Notice Address, and must state that I want to cancel my Arbitration Provision. 1 cannot cancel this Provision &- any other way, and nobody else can cancel this Provision for me unless such other person Includes a signed power of attorney from me with the cancellation notice. Your huskress records will 6e final and conclusive with respect to whether I properly eanceped this Provision In a timely fashion. SUCCESSOR INTERESTS. The terms of this Note shall be binding upon me, and upon my heirs, personal representatives, successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. NOTIFY US OF INACCURATE INFORMATION WE REPORT TO CONSUAAER REPORTING AGENCIES. Please notify us if we report any inaccurate information about your account(s- to a consumer reporting agency. Your written notice describing the specific inaccuracy{ies} should be sent to us at the fogowing address: Fulton Bank 1695 State Street East Petersburg, PA 17602. GENERAL PROVISIONS. If any part of this Note cannot be enforced, this fact will not affect the rest of the Note. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. I and any other person who signs, guarantees or endorses this Note, to the extent agowed by taw, waive presentment, demand for payment, and notice of dishonor. Upon any change in the terms of this PROMISSORY NOTE Loan No: 0121417538 (Continued) Page 4 Note, and unless otherwise expressly stated in writing, no party who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from iSabi!""ny. Ail such parties agree that Lender may renew or extend (repeatedly and for any length ofi time) this loan or release any party or guarantor ar collateral; or impair, fail to realize upon or perfect Lender's security interest in the cdlateral. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and several. This means that the words "I", "me', and "my" mean each and all of the persons signing below. PRIOR 70 SIGNING THIS NOTE, I, AND EACH OF US, READ AND UNDERSTOOD AlL THE PROVISIONS OF THIS NOTE AND THE NOTICE TO COSIGNER SET FORTH BELOW. I, AND EACH OF US, AGREE TO THE TERMS OF THE NOTE, I ACKNOWLEDGE RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE 45 GIVEN UNDER SEAL ANp IT IS INTENDED THAT THIS NOTE LS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. BORROWER: ,~ p ISeaU (Seep R ON ACY L ON fined, nd ivered in t ante of: x s X W ss NOTICE TO COSIGNER You are being asked to guarantee this debt. Thlnk carefully before you do. H the borrower doesn't pay the debt, you wNl have to. Be sure you can afford to pay if you have to, and that you want to accept this responsibWty. You may have to pay up to the fuN amou-rt of the debt if the borrower does net pay. You may also have to pay late fees or collection coats, which Increase this amount. The Lender can colect this debt from you without first trying to collect from the borrower. The Lender can use the same collection methods against you that can be used against the borrower, such as suing you, garnishing your wegea, etc. H this debt is ever In defauk, that fact may become a part of YOUR credit record- Thls notice Is not the contract that makes you Ilable for the debt. UEFR /ND l~a/q W 0.J1.00001 Cap. N~I~,E Hn~ yl FpNM",, In,. IFA.7W). MR~FI,,, RAW, .IA N:ItR1MC1CiMR1D10./C iR-1115] 011•!D EXHIBIT "B" ~G'~ ~p~ ~~~~ PREPARED BY: ~_ r`'r j ll~~i`l:F~i Lan Documentation, ~7 +p,1 pm n Fuhon Bank, LU~17 c1!7I4 25 1 f7 I llj 52 3rd & Locust Sts., Harrisburg, PA 17108, 17 t 71 291.2451 WHEN RECORDED MAIL TO: fidMn Bank Loan Oparafans P.O. Box 98 East Petmsburg, PA 17520-9982 PARCEL IDENTIFICATION NUMBER: RECORDATION REQUESTED BY: ~ i Fuhon Bank Downtown Harrisburg Office 3rd 6 Locust Sts. Hamiatwro. PA 17106 FOR RECORDER'S USE ONLY •00000000012141753800040041057' Amount Secured Hereby: 540,000.00 MORTGAGE THIS MORTGAGE dated January 9, 2007, is made and executed between ERIC R BUXTON, whose address is 2506 MALLARD WAY, MECHANICSBURG, PA 17065 and STACY L BUXTON, whose address is 2506 MALLARD WAY, MECHANICSBURG, PA 17055 (referred to below as "Grantor") and Fukon Bank, whose address is 3rd & Locust Sts., Harrisburg, PA 17108 (referred to below as "lender"). GRANT OF MORTGAGE. For vaWahla eonsideratbn, Grantor grants, bargains, seas, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and interest in and to the folbwing described real property, together with all ezistug or subsequently erected or affixed buildings, improvements arM lixtures; aIi streets, tones, alleys, passages, end ways; all easements, rights of way, all liberties, privibgea, tenemeMS, herediGments, and appurtenances thereumo belonging ar anywise made appurtenant hereafter, ar[d the reversions and remainders with respect thereto; ail water, water rights, watercouraea and ditch rigf[ro (inckdirg stock in utilities with ditch or irrigation rigMs}; and all other rights, royalties, and profits relating to the real pprroperty, including without limitation 811 minerals, oil, gas, geothermal and similar matters, (the "Real I~ro.Perty") located in CUMBERLAND County, Commonwealth of Pennsylvania: UPPER ALLEN TOWNSHIP DEED DATED: 03-13-2003 BK: 256 PG: 2004 The Real Property or its address is commonly known as 2506 MALLARD WAY, MECHANICSBURG, PA 17055. Grantor presently assigns [o Lender ell of Grantor's right, title, and interest in and to all present and future leases of the Ropmty and all Rents hom the Property. In addition, Grantor grams to Lender a Uniform Comrnercia3 Code security interest in the Personal Property and Reno. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE IA) PAYMENT OF THE WDEBTEDNESS AND IB) PERFORMANCE OF ANY AND ALL OBLIGATIONS UNDER THE NOTE IN THE ORIGNAL PRINCB'AL AMOUNT OF 340,000.00, THE RELATED DOCUMENTS, ANO THIS MORTGAGE. THIS MORTGAGE IS GIVEN ANO ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided in this Mortgage, Grantor shall pay to Lender ail amounts secured by this Mortgage as they become due and shall strictly perform ati of Gramor's ohligaiions under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shall be governed by the folbwing provisions: Possosabn and~Va: 'Until•the'occurrence of an Event of Delault,'Grantar may 11f remain in possession and control of the Property; 121 use, operate or manage the Property: and 13) collect the Rents hom the Property. Duty to MaMtain. Grantor shall maimein the Property in good condition artd promptly perform all repairs, replacements, and maintenance necessary [o preserve its value. Campgance Whh EmironmenW Laws. Grantor represents and warrants to Lander that: 11 i During the period of Grantor's ownership of the Property, there has been no use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance by any person on, under, about or from the Property; 121 Grantor has no knowledge of, or reason to believe that there has been, except as previously discosed to and acknowledged by Lender in writing, lal any breach or violatbn of any Fu[viromvsmal Laws. Ibl any use, generation, manufacture, storage, treatment, disposal, release ar tMeatenad release of any Hazardous Substance on, under, about or from the Property by any error owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating [o such matters; anti (31 Except es previously disclosed to and acknowledged try Lender in writing, lal neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, stare, treat, dispose of or release any Hazardous Substance on. under, about or from the Property; and (b) any such activity shall be conducted in compliance with all applicable federal, state, and bcel laws, regulations and ortlinances, including without limitation all BK 1980PG24fi8 -2 ---- MORTGAGE loan No: 0121417538 {Continued) page 2 Environmental Laws. Grantor authorizes Lender and its agents to enter upon the Property to make such inspections and tests, at Grantor's Expense, as Lender may deem appropriate to determine compliance of the Property with this section of the Mortgage. Any inspections or tests madB by Lender shell be for Lender's purposes only and shall not be construed to create any responsibility or kabitity on the pan of Lender to Gramor or to any other person. The representations arM warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Strbstances. Grantor hereby 111 releases end waives any future claims against Lender for indemnhy or contribution in the event Grantor becomes liable for Cleanup or otter costs under any such laws; and 12) agrees to indemnify and told harmless Lender against any arrd all claims, losses, IiabilRies, damages, penahies, and expenses which Lender may dfreedy or indirectly sustain or suffer raaul[ing from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened ref ease occurring prior to Grantor's ownership or interest in tfte Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the fvbrtgage, including the obligation to indemnify, shall survive the payment of the Indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lender's acquisition of any interest in the Property, whether by foreclosure or otherwise. -' Nuisance, Westa. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to [he Property yr any portion of [he Property. Without limiting the gererality of the foregoing, Grantor will not remove, or grant to any other party the right to remove. any timber, minerals lirtcluding oil and gasl, coal, clay, scoria, soil, gravel or rock products without Lender's prior written consent. Removal of Improvements. Grantor shall not demolish or remove any Improvements from the Real Property witfwut Lender's prior written consent. As a condition to the removal of any Improvements, Lerx7er may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at lest equal value. lender's Right to Enter. lender and Lender's agents and representatives may enter upon the Real Property at all reasonable times to attend to lender's interests and to inspect the Real Property for purposes of Grantor's compliance with the terms and conditions of this Mortgage. Compliance with Governmental Re qu4emants. Grantor shall promptly comply with all laws, ordinances, and regulatans, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property. Grantor may contest in good faith any such law, ordinance, or regulation end whhhold compliance during any proceeding, including appropriate appeals, so bng as Grantor has notified Lender in writing pryer to doing so and so long as, in Lender's sole opinion, Lender's interests in the Property ate not jeopardized. Lander may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lender's interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Propeny. Grantor shall do all other acts, in addition to those acts set forth above in this section, which from the character and use of the Property ere reasonably necessary to protect and preserve the Property. DUE ON SALE -CONSENT BY LENDER. Lender may, at Lender's.option, declare immediately due and payable ail sums secured by this Mortgage upon the sale or transfer, without Lender's prior written consent, of all or any part of the Real Property, or any interest in the Real.l?rppeny.. A °sale.or transfer'-means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial a equitable; whetMr voluntary w involuntary; wlrathar by outright sale, deed, installment safe contract, lend contract, contract for deed, leasehold interest with s term greater than three 131 years, lease-option contract, or by sale, assignrneM, or transfer of any beneficial interest in or to any land trust fmlding title to the Real Property, or by any other method of conveyance of en imeres[ in tfie heal Rnperty. However, this option shall not be exercised by Lender if such exercise 'rs prohibited by federal law or by Pennsylvertia law. TAXES AND LIENS. The following provisions relating to the taxes and [fens on the Property are part of this Mortgage: Payment. Grantor shall pay when due land in all events prior to dalinquencyl ell taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on atceum of the Property, and shag pay when due all claims for work done on or for services rendered or material tumisfted to the Propeny. Grantor shaft maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for the Existing Indebtedness referred to in this Mortgage or those liens specifically agreed to in writing by Lender, and except for the lien of taxes and assessments not due as further specified in the Right to Contest paragraph. Right to Contest. Grantor may withhold payment of any tax, assessment, ar claim in connection with a good faith dispute over the obligation to pay, so bng as Lendei s interest in the Property is not jeopardized. If a lien arises or is filed as a result of nonpayment, Grantor shall within fifteen 1151 days after tfie lien arises or, if a lien is filed, within fifteen 115) days after Grantor has notice of the filing, secure the discharge of tfte lien, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender in an amount sufficient to discharge the lien plus any costs and attorneys' fees, or other charges that could accrue as a result of a foreclosure or sale under the lien. In any contest, Grantor shall defend itself and Lender and shall satisfy any adverse judgment before enforcement against the Property. Grantor shall name lender as an additional obligee under any surety bond fumisned in the contest proceedings. Evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall authorize the appropriate governmental official to deliver to Lender at any time a written statement of the taxes and assessments against the Property. Notlu of Construcdon. Grantor shell notify Lender at teas[ fifteen 1151 days before any work is commenced, any services are furnished, or any materials are supplied to rite Property, if any mechanic's lien, materlalmen's lien, or ether lien could be asserted on account of the work, services, or materials and the cost exceeds 6500.00. Grantor will upon request of Lender furrash to Lender advance assurances satisfactory to lender that Grantor can and will pay the cost of such improvemems. PROPERTY DAMAGE INSURANCE. The following provisions relating to insuring the Property are a part of this Mortgage: Mairttenanca of Inaurenea. Grantor shall procure and maintain policies of fire insurance with standard extended coverage erxlorsemems on a replacement basis for the full insurable value covering alt Improvements on the Reel Property in an amount sufficient to avoid appiitation of any coinsurance clause, end with a standard mortgagee Clause in favor of Lender. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to Lender. Grantor shall deliver to Lender certificates of coverage from each insurer containing a stipulation that coverage will not be cancelled or diminished without s minimum of thirty (301 days' prior written notice to Lender and not containing any disclaimer of tfte insurer's liability for failure to give such notice. Each insurance policy also shall include an endorsement providing that coverage in favor of Lender wilt not BK 19$Op62469 MORTGAGE Loan No: 0121417538 (Continued) Page 3 be impaired in any way by any act, omission or defauk Of Grantor or any other person. Should the Real Propetty be located in an area designated by xhe Director of the Federak Emergency Management Agency as a special Ilood hazard area, Grantor agrees to obtain end maintain Federal Fbod Insurance, if available, wkhin 45 days aher notice is given by lender that rile Property is bcetad in a special flood hazard area, for iha full unpaid principal balance of the loan and any prior liens on the property securing the loan, up to the maximum policy limits set under the National Flood Insurance Program, or as otherwise required by Lender, and to maintain such insurance for the term of the loan. Appleation of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property if the eatimatal cost of repair or replacement exceeds 8500.00. Lerxler may make proof of loss if Grantor fails to do so within fiheen 1151 days of the casualty. Whether or not Lender's security is impaired, Lender may, at Lender's election, receive and retain the proceeds of any insurance and apply the proceeds to the reduction of the Indebtedness, payment of any lien affecting the Property, or the restoration and repair of the Property. kt Lender elects to apply the proceeds to, restoration and repair, Grantor shall repair or replace the damaged or destroyed Improvements in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expenditure, pay or reimburse Grantor from the proceeds for the reasanabb cost of repair or restoration if Grantor is not m default under this Mortgage. Any proceeds which have not been distwrsed within 180 days after their receipt and which Lender has not committed to the repair or restoration of the Property Shall be used first to pay any amount owing [o Lender under this Mortgage, then to pay accrued interest, and the remainder, if any, shall be applied to the principal balance of the Indebtedness. It Larder holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantor's interests may appear. CompBante with EzlaUrg Mdebtedness. During the period in which any Existing Indebtedness described below is in effect, compliance with the insurance provisions contained in the instrument evidencing such Existing Indebtedness shall constitute compliance with the insurance provisions under this Mortgage, to the extent compliance with the terms of [his Mortgage would constitute a duplication of insurance requirement. It any proceeds from the insurance become payable on bss, the provisions in this Mortgage far division of proceeds shall apply only to that portion of the proceeds no[ payable to the holder of the Existing Indebtedness. LENDER'S EXPENDITURES. If Grantor fails (AI to keep the Property free of all [axes, liens, security interests, encumbrances, and other claims, (BI to provide any required insurance on the Property, (CI to make repairs to the PrapeM or to comply with any obligation to maintain Existing Indebtedness in good standing as required bebw, then Lender may do so. If any action or proceeding is commenced that would materially affect Lender's interests in the Property, then Lender on Grantor's behalf may, but is not required to, take any action chat Lender believes to be appropriate [o protect Larder's interests. All expenses incurted or paid by Lender for such purposes will than bear interest at the rate charged under the Note from the date incurred or Paid by lender to the date of repeymem by Grantor. All such expenses will become a part of the Indebtedness and, at Lender's option, will IAi 6e payable on demand; IBI be added to the balance of the Note and be apportioned among and be payat>fe with any installment payments to become due during either 111 the term of any applicable insurance policy; or 121 the rertlainirtg term of the Nota; or ICI be treated as a balloon payment which wiN be due and payable at the Note's maturity. The Mortgage also wdl secure payment of these amounts. The rights provided for in this paragraph shall be in additbn to :sty other rights w any remedies to which Lender may be entitled on account of any default. Any such action by Larder shall not De construed as curing the defeat[ so as to bar Larder from any remedy Mat it otherwise would have had. Grantor's oblgation to lender for all such expenses shall survive the entry of arty mortgage foreclosure judgment. WARRANTY; DEF~ISE OF TITLE. The following provisions relating to ownership of the Property are a part of this Mortgage: Tide. Grantor warrants that: lal Grantor holds good erd marketable title of record to Me Property in fee simple, free and clear of a8 liens and encumbrances other tffaff [hose set forth in the Real Property description or in the Existing Indebtedness section bebw or in any title insurance policy, title report, or final tkle opinion issued in favor of, and accepted by, Lender in connection with Mis Mortgage, and Ibl Grantor has the full right, power, and authority to execute and deliver this Mortgage to Larder. Defense of Tkk. Subject to the exception in the paragraph above, Grantor warrants and will forever defend the title to the Property against the lawful claims of all persorts. In the event any action or proceeding is commenced that questions Grantor's tide or the imerest of Lender under [his Mortgage, Grantor shall defend the action at Grantor's expense. Grantor may bo Me nominal party in such proceeding, but Lender shall be emitted to participate in the proceeding and to 6e represented in the proceeding by counsel of Lender's own choice, and Grantor will deliver, or cause to be delivered, to Lender such instruments as Lender may request from time to time to permit such participation. Compllanes With Lawn. Grantor warrants Mat the Property and Grantor's use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survhral of Prombes. All promises, agreements, and statements Grenior has made in this Mortgage stfaa survive the execution and delivery of Mis Mortgage, shall be continuing in nature and shall remain in full force and effect until such time as Grantor's Indebtedness is paid in full. EXISTING IN~BTEDNESS. The following provisions concerning Existing Indebtedness are a part of this Mortgage: Existing Lkn. The lien of this Mortgage securing the Indebtedness may be secondary and interior to an existing Tien. Grantor expressly covenants and agrees to pay, or see to the payment ot, Me Existing Indebtedness and to prevent any defauk on ouch indebtedness, any default under the instruments evidencing such indehtadnass, or any defauk under any security documents for_such-indebtednesc.-- - No ModlticaUon. Grantor shall not enter imo any agreement with the holder of any mortgage ar oMer security agreemem which has priority over this Mortgage by which that agreement is modified, amended, extended, or renewed without the Drior written consent of Lender. Grantor shad neither request nor accept any future advances under any SUCK SeCUr'rty agreement without the prior written consent o1 Lender. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. It any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such slaps as may be necessary to tlefand the action and obtain the award. Grantor may be the nominal party in such proceeding, but Lender shall be entitled to participate in the proceeding and to be represented in the proceedmg by COUnael Of its own cfaite, and Grantor will deliver or cause to 6e delivered to Lender such instruments and documentation as may 6e requested by Lender from time to time to permit such participation. Application of Net Proceeds. If all or arty part of the Property is condemned by eminent domain proceedings or by any proceeding or purchase in lieu of condemnation, Larder may at its election require Mat alt or any portbn of the net proceeds of the award be applied to Ufa Irdab[adneas of the repair or restoretbn of the Property. The net proceeds of xhe award shat! mean the award after payment of all actual costs, expenses, and attorneys' fees MORTGAGE Loan No' 0121417538 (Continued) Page 4 incurred by Lender in connection with the condemnation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES. The following provisions relating to governmental taxes, fees and charges are a part of this Mortgage: Cunsnt Taxes, Fsss end Charges. Upon request by Lender, Grantor shall execute such documents in additon to this Mortgage and take whatever other action is requested bl' Lender to perfect and continue Lender's lien on the Real Property. Grantor shall reimburse lender for all taxes, as described bebw, together with all expenses incurred in recording, perfeMing or continuing this Mortgage, including without limitation all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Tazea. The following shall constitute taxes to which this section applies: (11 a specific tax upon this type o! Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; 121 a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured 6y this type of Mortgage; 131 a tax on this type of Mortgage chargeable against the Lender or the holder o1 the Note; end 141 a specific tax on all or any portion of the Indebtedness or on paymems of principal and interest made bV Grantor. Subsequent Taxes. If any tax to which this section applies is enacted subsequent to the date of this Mortgage, [his event shall have the same effect as an Event of DefauK, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (11 pays Ehe tax before it becomes delinquent, or (2) contests the tax as provided above in the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other security satisfactory to Lender. SECURITY AGREEMENT; FINANCING STATEMENTS. The following provisions relating to this Mortgage as a security agreement are a part of this Mortgage: Security Agreement. This instrument shall constitute a Security Agreement to the extent any of the Property constitutes fixtures, and Lender shall have all of the rights of a secured party under the Uniform Commercial Code as amended from time to time. Security Interest. Upon request by Lender, Grantor shall take whatever action is requested by Lender to perfect and continue Lender's security interest in the Personal Property. In addition to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Gremor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimbuna Lender for all expenses incurred in perfecting or continuing this security interest. Upon default, Grantor shall not remove, sever or detach the Personal Property from the property. Upon default, Grantor shall assemble any Personal Property not affixed to the Property in a manner and at a place roaaona6ly convenient to Grantor and Lender end make it available to Lender within three (31 days after rece;pt of written demand from lender to the axtaM permitted by applicable law, Addres:ea. The mailing addresses of Grantor (debtor) and Lender )secured party) from which information concerning the security interest granted by this Mortgage maY be obtained leach as required by the Uniform Commercial Codel era es stated on the first page of this Mortgage. WRTHER ASSURANCES; ADDITIONAL AUTHORIZATIONS. The following provisions relating t0 further assurances and additional authorizations are a part of this Mortgage: , Further Aasursnces. At any time, and from rims to time, upon request of Lender, GraMOr will make, execute end deliver, or will cause to be made, executed or delivered, to Lender or to Lender's designee, end when requested by Lender, cause to be filed, recorded, retik:d, or rerecorded, as ttte case may be, at such times and in such offices and places as Larder may deem appropriate, any and all such mortgages, deeds of trust, security deeds, 6ecurlty agreements, financing statements, continuation statements, instruments of tutther aastxance, certifiicates, and other documents as may, in the sole opinion of Lender, be necessary w desirable in order to effectuate, complete, perfect, continue, or preserve I11 Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (21 the liens and security interests created by this Mortgage on the Property, whether now owned or hereafter acquired by Grantor. Unless proMbittttl by law or Lender agrees to the contrary in writing, Grantor shall reimburse Lender for al! costs and expenses incurred in connection with the matters refened to in this paragraph. Additional Authorizations. I} Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so iw and in the name of Grantor and at Grantor's expense. For such ptxposes, Grantor hereby irrevocably authorizes Lender t0 make, execute, deliver, file, record and 00 811 other things ass may be necessary or desirable, in Lender's sole opinion, to accomplish the matters refened to In the preceding paregreph. It is understood that nothing set forth herein shall require Lender to take any such actions. WLL PERFORMANCE. It Grantor pays all the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execute and deliver to Grantor a suitable satisfaction of this Mortgage and suitable statements of termination of any tinancing statement on file evidencing Lender's security interest in the Rents and the Personal Property. Grantor will pay, if permitted by applicable law, any reasonable termination fee as determined by Lender from time to time. EVENTS OF DEFAULT. At lender's option, Grantor will be in default under this Mortgage if any of the following happen: Payment Default. Grantor fails to make any payment when due under the Indebtedness. DefeuR on Other Payments. Failure of Grantor within the time required by this Mortgage to make any paymem for taxes or insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Break Otlrer Promips. Grantor breaks any promise made to Lender or tails to perform prompdy at the time and strictly in the manner provided in this Mortgage or in any agreement related to this Mortgage. False Statements. Any representation or statement made or furnished to Lander by Grantor or on Gramor's behalf under this Mortgage or the Related Documents is false or misleading in any material respect, either now or at the time made or furnished. Defective Coilateragzation. This Mortgage or arty of the Aerated Documents ceases to be in full force and effect (including failure of any collateral document to create a valid and perfected security interest or liens at any Time and for any reason. Death or Insolvency. The death of Grantor, the insolvency of Grantor, the appointment of a receiver for any part of Grantor's property, any assignment for tfte benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or insolvency laws by or against Grantor. Taking of Me Property. Any creditor or governmemal agency tries to take any of tits property or any other of Grantor's property in which Lender has a lien. This includes taking of, garnishing of or levying on Grantor's accounts with Lender. However, if Gramor disputes in good faith whether the claim on which the taking of the B7< 1980PG247 I 5 ~~ ' MORTGAGE Loan No: 0121417538 {Continued) Page 5 Property is based is valid or reasonable, and if Grantor gives Lender written notice of the claim and furnishes Lender with monies or a surety bond satisfactory to Lender to satisfy the claim, then this default provision will not apply. Extstinq Indebtedness. The payment of any installment of principal or any interest on the Existing Indebtedness is not made within the time required by the promissory note evidencing such indebtedness, or a dotatAt occurs under the instrument securing such indebtedness and is not cured during any appgcalNe grace period in such instrument, or any suit or other fiction is commenced to forecbse any existing lien on Hte Property. &aaeh of Other Agreement. Any breach by Grantor lttxier the terms of any other agreement between Grantor and Lender that is not remedied within any grace period provided therein, including without limitation any agreement concerning any indebtedness or other obligation of Grantor to Lender, whether existing now or later. Events Aftectlnq Guarantor. Any of the preceding events occurs with respect to any guarantor, endorser, Surety, or accommodation party of any of the Indebtedness or any guarantor, endorser, surety, or accommodation party dies or become8 incompetent, or revokes or tlisputes the validity ot, or liability under, any Guaranty of the Indebtedness. In the event of a death, Lender, at its option, may, but shall not be required to, permit the guarantor's estate to assume unconditionally the obligations arising under the guaranty in a manner satisfactory to LaMar, and, in doing so, cure any Event of Default. Right to Cure. If any default, other than a default in payment is curable ant if Grantor nos not been given a notice of a breach of the same provision of this Mortgage within the preceding twelve 112) months, it may be cured if Grantor, after receiving written notice tram Lander demanding cure eE such delautt: I11 cures the defaW[ within fifteen 115f days; or (21 if the cure requires more than fifteen 1151 days, immediately initiates steps which Lender deems in Lender's sole discretion to be sufficient to cure the default and tftereahar continues and completes all reasonable and necessary steps sufficient to produce compliance as soon as reasonably practical. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence o1 an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the folbwing rights and remedies, in addition to any ocher rights or remedies provided by law: ACCelerate Indebtedness. Lender shall have the right at its option, after giving such notices as required by applicable law, to declare the entire Indebtedness immediately due ant payable. UCC Romedles. With respect to all or any part of the Personal Property, lender shall have all the rights and remedies of a secured party under the Uniform Commercial Code. Colbet Rents. LeMBr shall have the right, witheut notice to Grantor, to take possession of the Property end, with or without taking possession of the Property, to collect the Rents, including amounts past due and unpaid, ant apply the net proceeds, over and above Lender's costs, against the Indebtedness. In tuttherance of this right, Lender may require any tenant or other user of the Property to make payments of ran[ or use fees directly [o lender. If the Rants are collected by Lender, then Grantor irrevocably atrthorlies LeMer to endorse instruments received in payment thereof in the name of Grantor and to negotiate the same and collect the proceeds. Payments by tenants or other users to Lender in response to Lender's demand shall satisfy the obligations for which the payments are matte, whether or not any proper grounds for the dement existed. Lender may exercise its rights under this subparagraph either in person, 6y agent, or through a receiver. Appoint Recelwr. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with tfte power to protect and preserve the Property. to operate the Property preceding forecbsure or sale, and to collect the Rents from the Property ant apply the proceeds, over and above the cost of the raceiverahip, against the Indebtedness. The receiver may serve without bond if permitted by law. Lender's right to the appointment of a receiver shall exist whether or not tfte apparent value of the Property exceeds [he Intlehtedness by a substantial amount. Employment by Lender shall not disqualify a person from serving as a receiver. Jttdkial foreclosure. Lender may obtain a judicial decree forecbsing G*antor's interest in all or any part of the Property. Ntxrjudicial Sela. If permitted by applicable law, lender may forecbse Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. OtrHciartey Judgrnsnt. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lander after application of all amounts received from the exercise of the dghzs provided in this section. Tenancy at Sufferance. IF Grantor remains in possession of the Property after the Property is sold as provided above or Lender otherwise becomes entitled to possession of the Property upon default of Grantor, Grantor shall become a tenant at sufferance of Lender or the purchaser of the Property and shall, at lender's option, either (11 pay a reasonabe rental for the use of the Property, or (2j vacate the Property immediately upon the demand of lender. Other Remedies. Lender shall have all other rights and remedies provided in [his Mortgage or the Note or available at law or in equity. Sala of the Property. To [he extent permitted by applicable law, Grantor hereby waives any and all right to have the Property marshalled. In exercising its rights and remedies, Lender shall be tree to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall 6e entitled to bid at any public sale on all or any portion oT the Property. Notlea of Sale. Lentler will give'Grantor reasonable notice of the time eM place of any public sale of the Personal Property or of the time after which any private sale or other intended disposition of the Personal Property is to be made. Unless otherwise required by applicable law, reasonable notice shall mean notice given at least ten (101 days before the time of the sale or disposition. Any sale of Me Personal Property may be made in conjunction with any sale of the Real Property. Election of Reme~es. All of Lender's rights and remedies will be cumulative and may be exercised alone or together. An election by Lender to choose any one remedy will not bar Lender from using any other remedy. If lender decides to spend money or to perform any of Grantor's obligations under this Mortgage, after Grantor's failure to do so, that decision by Lender will not affect Larder's right to declare Grantor in defauh and to exercise Lender's remedies. Attorneys' Fees; Expenses. If lender institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall txi entitled to recover such sum as the court may adjudge reasonable as attorneys' fear at trial ant upon any appeal. Wfu;ther or not any court action is involved, ant to the extent not prohitrted by law, all reasonable expenses Lender incurs that in Larder's opinion are necessary at any time for ilia protection of its interest or Nte enforcement of its rights shall become a part of the Indebtedness payable on dement ant shall bear interest at the Note rata from the date of the expenditure until repaid. Expenses covered by this paragraph include, BK 1980PG2472 ; .-,;:~;;f,-:: ;r r- -- - - --6-- ----- ,, MORTGAGE Loan No' 0121417538 (Continued) Page 6 without limitation, however subject to any limits under applicable law, Lender's attorneys' tags and Lender's legal expenses, whether or not there is a lawsttit, including attorneys' tees and expenses for bankruptcy poceedinps (including aftorts to modify or vacate any automatic stay or injtmcbonl. appeals, and any anticipated poet-judgment collection services, the cost of searching records, obtaining title reports (including forecosure reportef, surveyors' reports, and appraisal fees and thle insurance, to the eMent permitted by applicable law. Grantor also will pay any court Costs, in eddh{on to all other sums provided by law. NOTICES. Unless otherwise provided by applicable law, any notice required to be given under this Martgape shell be given in writing, and shall be effective wften actually deliveretl, when actually received by telefacaimile (unless otherwise required by lawl, when deposited whh a Mibnally recognized overnight courier, or, if mailed, when deposited in the United States mail, as first class, certtfied or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. All copies of notices of foreclosure from the holder of any lien whkh has priority over this Mortgage shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any person may - change his or her atldress for notices under. this Mortgage 6y giving formal written notice to the other parson or persons, specifying that the purpose of the notice is to change the person's address. Fvf notice purposes, Grantor agrees to keep Lender informed at all times of Grantor's cunen[ address. Unless otherwise provided by applkabk law, if there is mare than one Grantor, any notice given by Lender [o any Grantor is deemed [o be notice given to all Grantors. It will be Grantor's responsibility to tell the otners of the notice from Lender. i MISCELLANEOUS PROVISIONS. The folowing miscellaneous provisions era a part of this Mortgage: Amendments. What is written in this Mortgage aril in the Related Documents is Grantor's entire agreement with Lender concerning the matters covered by this Mortgage. To be effective, any change or amendment t0 this Mortgage must be in writing and must be signed by whoever will be bound or obligated by the change or amendment. CapGOn Headings. Caption headings in [his Mortgage are for convenience purposes only and are rot to be used to interpret or define the provisions of this Mortgage. Governing Law. Thiz Mortgage wi8 be governed by federal kw applkable to t.endar and, to the extant not preempted by federal law, the taws o} lhs Commonwealth of Pannsylvanis whhout regard to its conflkts of Mw pravlaions. This Mortgage has bean acesptsd by Lender In the Commonweahh of PsnnsyMarda. Choke of Venue. If there is a lawsuit, Grantor agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. Joint and Several Liability. All obligations of Grantor under this Mortgage shall be joint and several, aril all references to Grantor shall mean each and every Grantor. This means that each Grantor signing bebw is responsible for alt obligations in this Mortgage. No Waiver by Lander. Grantor understands Lender will not give up any of Lender's rights under this Mortgage unless Lender does so in writing. The fact that Lender delays or omits to exercise any right will not mean that Lender has given up that right. If Lender doss agree in writing to give up one of LerWar's rights, that does rwt mean Grantor will not have to comply with the other provisbns of this Mortgage. GraMOr also understands that if Lender dose consent to a request, that does not mean that Grantor will not have to get Lender's consent again it the situation happens again. Grantor further understands that just because Lender consents to one or more of Grantor's requests, that does not mean Larder will be reruired to consent to any of Grantor's future mats. Grantor waives presentment, demand for payment, protest, and notice of dishonor. 6everah8ity. If a court finds that arty provisbn of this Mortgage is not valid or should rtot be enforced, that fact by itself will not mean that the rest of tflis Mortgage will rtot be valid or enforced. Therefore, a court will enforce the rest of the provisions of this Mortgage even N a provision of this Mortgage may be found to be invapd or unenforceable. Merger. Theta shall be no merger of the interest or estate created by this Mortgage with any other interest or ' estate in the Property at any time held by or for the benefit of Lender in any capacity, without the written consent of Lender. Successor Interaste. The terms of this Mortgage Shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall ba enforceable by Lender and its successors and assigns. Time is of the Essence, Time is of the essence In the performance of this Mortgage. Wafva Jury. All partka to this Mortpags hereby waive the right to any jury trial In any acfgn, Moceedirg, o. cowtterdalm brought by any party against arty other party. DEFINRIONS. The following words shall have tfte following meanings when used in this Mortgage: Borrower. The word "Borrower" means ERIC R BUXTON and STACY L BUXTON and includes all co-signers and co-makers sgning the Note and ell their successors and assigns. Environmental Laws. The words "Environmental Laws' mean any and all state, federal and local stattnes, regulations and ordinances relating to the protection of human health or the environment, including without limitation the Comprehensive Environmental Response. Compensation, std Liability Act of 1980, as emended, 42 U.S.C. Section 9607, et seq. ("CERCLA"1, [he Superfund Amendments and Reauthorization Act of 1986, Pub. L. No. 99-499 ("SARA"1, the Hazardous Materials Transportatbn Act, 49 U.S.C. Section 1801, et seq., tfte Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulatons adopted pursuant thereto. Event of Dsfauh. The words "Event of Defauh' mean any of the events of detault set forth in this Mortgage in the events of default section of this Mortgage. Existing Indebtedness. The words "Existing Indebtedness" mean the indebtedness described in the Existing Liens provision of this Mortgage. Grantor. The word "Grantor' means ERIC R BUXTON and STACY L BUXTON. Guaranty. The word 'Guaranty' means the guaranty tram guarantor, endorser, surety, or accommodation party to Letder, including without limitation a guaramy of all or par[ of the Note. Hazardous Substances, The words "Hazardous Substances" mean materials that, because of the's quarrtity, concentration or physical, clvamkal or in[ectioua characteristics, may cause or pose a present or potential hazard to human health or the environment wilco improperly used, treated, stored, disposed of, generatetl, manufactured, transported or otherwise handled. The words "Hazardous Substances" are used in their very broadest 8@Me and include without limitation any and all hazardous or toxic substances, materials or waste as defined by or listed under the Environmental Laws. The term "Hazardous Substances" also includes, witheut limitation, petrolwm aril petroleum by-products or any fraction thereof and asbestos. 81(1980PG2473 . ~ ~ MORTGAGE Loan No: 0121417538 {Continued) page ~ Improvements. The word "Improvements" means all existing arW future improvements, buittlings, structures, mobile frames affixed on the fleas Property, facilities, additions, replacements and other construction on the Real Property. kWabtedness. The word "Indebtedness" means all principal, interest, and other amounts, costs and expenses payable under the Note or Related Documents, together with all renewals of, extensions of, modifications of, consdidations of and substitutions for tfle Note or Related Oocumants and any amounts expended or advanced by Lender to discharge Gramor's obligations or expenses incurred by Lentler to enforce Grantor's obligations under this Mortgage, together with interest on such amounts as provided in this Mortgage. Lander. The word 'Lender" means fvlton Bank, its successors and assigns. The wortls 'successors or assigns' mean any person or company that acquires any interest in the Note. Mortgage. The word "Mortgage' means this Mortgage between Grantor and Lender. Nob. The word 'Note" means the promissory note dosed January 9, 2007`, in the original principal amount of 844,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings oL consolitlations of, and substitutions for the promissory note or agreement. NOTICE TO GRANTOR: THE NOTE CONTAINS A vARtABLE INTEREST RATE. ra Personal Property. The words "Personal Property' mean all equipment, fixtures, andr other ,articles of personal properly now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, pans, and additions to, all replacements of, and all substitutions far, any of such property; and together with all proceeds lincluding wittrout limitation all insurance proceeds and refunds o! premiumsl from any sale or other disposition of the Property. ~ '' ' ~~' Property. The ward 'Property" means collectively the Real Property and the Personal Property. Reel Property. The words "Real Property" mean the real property, interests and rights, as (father dascribetl in this Mortgage. Related Documents. The words 'Related Documents' mean all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, .security deeds, collateral mortgages, and all other instruments, agreements and documents, whether now or hereafter existing, executed in connection with the Indebtedness. Rents. The word "Rents' means ali present and future rents, revenues, income, issues, royalties. profits, and other benefits derived from the Property. EACH GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS WTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALEO WSTRUMENT ACCORDING TO LAW. . GRANTOR: % ~ (Beall ERI X ISesII ST T N Signed, eckno sd and degvered in dte txesence of: CERTIFICATE OF RESIDENCE I hereby certify, that the precise address of the mortgagee, Fulton Bank, herein is as follows: Downtown Harrisburg Office, 3rd & Locust Sts., Harrisburg, PA 17106 Attorney or Agent for Mortgagee ..l: t., - --- -- 8 -- -- ~~, . MORTGAGE Loan No: 0121x17538 (Continued) Page 8 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA 1 1 / 1 SS COUNTY OF ~/ ~'tWwi 1 On [his, the ~ ~ day of ~ /! N /~ k=-riJ~ , yp Q~, before me r 5~, the urxfersign d Nptary Pub personally appeared ERIC R &1XTON and STACY L BU TON, known to me (or satisfactorily proveN to be the person whose names are subscribed [o the within instrument, and acknowledged that they executed the same for the purposes therein contained. In witness whereof, I hereunto sat my hand and oMcral teal. - ~Rdat, NdatyPubicNdtyPybic --~ ~~~~~ Notar Public in antl for Slat~ta o i 4'h' Corrtrrtlaeyrl Et~Yos Apr. >, 20D7' y kbrrl6ar, FarslslMSria AwataibnOf tfpbisa f ( Certify this to be recorded [n Cumberland County PA 1:~~ t, ~- :r 1~~ . Recorder of Deeds BH1980PG2475 EXIIIBIT "C" 1057.ILN-0121417538 STACY L BUXTON 1 COMMERCIAL DR CAMP HILL, PA 17011-7511 Page 1 of 7 (This page intentionally teft blank) Page 2 of 7 December 5, 2012 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with ou when ou meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving vour county are fisted at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1(800) 342-2397 (Persons with impaired hearing can call (717) 780 1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO (1-800- 342-2397). PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 3 of 7 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT NO.: ORIGINAL LENDER: Eric R Buxton Stacy L Buxton 2506 Mallard Way Mechanicsburg, PA 17055 ILN-0121417538 Fulton Bank, NA CURRENT LENDER/SERVICER: Fulton Bank, NA HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM -YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME - - FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGHiILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THLS MEETING MUST OCCUR WTTHIN THIRTY THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseline agencies for the county in which the pronertv is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meetmg. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS FO THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETINGS THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAYOFFQRECLOSURE. " YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. Page 4 of 7 AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 2506 Mallard Way, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS FROM 10/27/11 THROUGH 11/27/12 and are currently past due for the following amounts: Total Payment Amount: $5,830.86 Late/Other Charges: $541.32 Attorney Fees: $0.00 TOTAL AMOUNT PAST DUE: $6,372.18 HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6,372.18, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check. certified check or money order made payable and sent to• ATTN: Sherri Barto Fulton Bank, NA PO Box 4887 Lancaster, PA 17604-4887 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mort¢age debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortpaeed aroperty. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged properly will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIItTY (30) DAY aeriod you will not be required to aav attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the rieht to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You ma do sob a the total amount then ast due lus an late or other char es then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified m wntme by the lender and by performine any other requirements under the mortea¢e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. Page 5 of 7 EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Fulton Bank. NA Address: PO Box 4887 Lancaster, PA 17604-4887 Phone Number: 1800) 521-8617 x18585 Fax Number: (7171391-2908 Contact Person: Sherri Barto Risk Manaeement Mana¢er EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and you right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - If permitted by your mortgage documents, you may be able to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, `~ Sherri Barto Authorized Representative Fulton Bank, NA Certified and Regular Mail Consumer Credit Counseling Agencies CUMBERLAND COUNTY Pathstone Corporation PA CCCS of Western PA 1625 North Second Street 55 Clover Hill Road Harrisburg, PA 17102 Dallastown, PA 17313 717.234.6616 888.511.2227 Page 6 of 7 Community Action Commission Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Harrisburg Fair Housing Council 2100 N. 6~'. Street Harrisburg, PA 17110 717.238.9540 Housing & Redevelopment Authority - Loveship, Inc. Cumberland Cnty 2320 North 5th Street 114 N. Hanover Street; Ste. 104 Harrisburg, PA 17110 Carlisle, PA 17013 717.232.2207 886.683.5907 / 717.249.0789 The Pennsylvania housing Finance Agency can be reached TOLL FREE at 1-800-342-2397 Page 7 of 7 1057.ILN-0121417538 ERIC R BUXTON HOUSEHOLD ACCOUNT 2506 MALLARD WAY MECHANICSBURG, PA 17055-5300 Page 1 of 7 (This page intentionally left blank) Page 2 of 7 December 5, 2012 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific mformation about the nature of the default is provided in the attached paces The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with ou when ou meet with the Counseling Agency The name. address and phone number of Consumer Credit Counseling Agencies serving your county are fisted at the end of this Notice. If you have any questions. you may call the Pennsylvania Housing Finance Agency toll free at 1 (800) 342-2397 (Persons with impaired hearing can call (717) 780 18691 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you fmd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO (1-800- 342-2397). PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 3 of 7 HOMEOWNER'S NAME(S): Eric R Buxton PROPERTY ADDRESS: LOAN ACCT NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Stacy L Buxton 2506 Mallard Way Mechanicsburg, PA 17055 ILN-0121417538 Fulton Bank, NA Fulton Bank, NA HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseline agencies for the county in which the property is located aze set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature ofyour default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwazded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS FO THE POSTMARg DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETINGS THEN THE LENDER WILL BE TEMPORARILYPREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE. " YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. Page 4 of 7 AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 2506 Mallard Way, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS FROM 10/27/11 THROUGH 11/27/12 and are currently past due for the following amounts: Total Payment Amount: $5,830.86 Late/Other Charges: $541.32 Attorney Fees: $0.00 TOTAL AMOUNT PAST DUE: $6,372.18 HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6,372.18, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check certified check or money order made payable and sent to• ATTN: Sherri Barto Fulton Bank, NA PO Box 4887 Lancaster, PA 17604-4887 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If youu cure the default within the THIRTY (30) DAY aeriod you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the rieht to cure the default and prevent the sale at anytime up to one hour before the Sheriff's Sale. You may do so by navme the total amount then east due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified m wntmg by the lender and by performing any other requirements under the mort aee. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. Page 5 of 7 EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged properly could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address• Phone Number: Fax Number: Contact Person• Fulton Bank. NA PO Box 4887 Lancaster, PA 17604-4887 (800) 521-8617 x18585 (717) 391-2908 Sherri Barto Risk Management Manaeer EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and you right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - If permitted by your mortgage documents, you may be able to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, _~~ Sherri Barto Authorized Representative Fulton Bank, NA Certified and Regular Mail Consumer Credit Counseling Agencies CUMBERLAND COUNTY Pathstone Corporation PA CCCS of Western PA 1625 North Second Street 55 Clover Hill Road Harrisburg, PA 17102 Dallastown, PA 17313 717.234.6616 888.511.2227 Page 6 of 7 Community Action Commission Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Harrisburg Fair Housing Council 2100 N. 6~'. Street Harrisburg, PA 17110 717.238.9540 Housing & Redevelopment Authority - Loveship, Inc. Cumberland Cnty 2320 North 5th Street 114 N. Hanover Street; Ste. 104 Harrisburg, PA 17110 Carlisle, PA 17013 717.232.2207 886.683.5907 / 717.249.0789 The Pennsylvania housing Finance Agency can be reached TOLL FREE at 1-800-342-2397 Page 7 of 7 105"7.ILN-01.21417538 STACY L BUXTON 2506 MALLARD WAY MECHANICSBURC~ PA 17055 Page 1 of 7 (This page intentionally left blank) Page 2 of 7 December 5, 2012 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached paces The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works To see if HEMAP can help. you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency The name. address and phone number of Consumer Credit Counseling Agencies serving your county are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency toll free at 1 (800) 342-2397 (Persons with impaired hearing can call (717) 780 1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIUN EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO (1-800- 342-2397). PUEDES SER ELEGIBLE PARR UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 3 of 7 HOMEOWNER'S NAME(S): Eric R Buxton PROPERTY ADDRESS: LOAN ACCT NO.: ORIGINAL LENDER: CURRENT LENDER/SERVICER: Stacy L Buxton 2506 Mallard Way Mechanicsburg, PA 17055 ILN-0121417538 Fulton Bank, NA Fulton Bank, NA HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGHiLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGHiILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY THREE (331 DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names. addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A CO UNSEEING AGENCY WITHIN 33 DAYS FO THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING] THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE. " YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. Page 4 of 7 AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives yow application. During that time, no forecloswe proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on yow property located at' 2506 Mallard Way, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS FROM 10/27/11 THROUGH 11/27/12 and are currently past due for the following amounts: Total Payment Amount: $5,830.86 Late/Other Charges: $541.32 Attorney Fees: $0.00 TOTAL AMOUNT PAST DUE: $6,372.18 HOW TO CURE THE DEFAULT -You may cwe the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6,372.18, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check, certified check or money order madepayable and sent to: ATTN: Sherri Barto Fulton Bank, NA PO Box 4887 Lancaster, PA 17604-4887 IF YOU DO NOT CURE THE DEFAULT - If you do not cwe the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers yow case to its attorneys, but you cwe the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not coved the default within the THIRTY (30) DAY period and forecloswe proceedings have begun, you still have the riQ,ht to cwe the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paving the total amount thenpast due plus any late or other charges then due reasonable attorney's fees and costs connected with the forecloswe sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and bvperforming any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. Page 5 of 7 EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number Fax Number: • Contact Person• Fulton Bank. NA PO Box 4887 Lancaster, PA 17604-0887 (8001521-8617 x18585 (717)391-2908 Sherri Barto Risk Mana¢ement Manaser EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and you right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - If permitted by your mortgage documents, you may be able to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, Sherri Barto Authorized Representative Fulton Bank, NA Certified and Regular Mail Consumer Credit Counseling Agencies CUMBERLAND COUNTY Pathstone Corporation PA CCCS of Western PA 1625 North Second Street 55 Clover Hill Road Harrisburg, PA 17102 Dallastown, PA 17313 717.234.6616 888.51.1.2227 Page 6 of 7 Community Action Commission Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Harrisburg Fair Housing Council 2100 N. 6th. Street Harrisburg, PA 17110 717.238.9540 Housing & Redevelopment Authority - Loveship, Inc. Cumberland Cnty 2320 North 5th Street 114 N. Hanover Street; Ste. 104 Harrisburg, PA 17110 Carlisle, PA 17013 717.232.2207 886.683.5907 / 717.249.0789 The Pennsylvania housing Finance Agency can be reached TOLL FREE at 1-800-342-2397 Page 7 of 7 105'7.ILN-0121417538 ERIC R BUXTON 2506 MALLARD WAY MECHANICSBURC~ PA 17055 Page 1 of 7 (This page intentionally left blank) Page 2 of 7 December 5, 2012 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help save your home. This Notice explains how the program works To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELINGAGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselins Asency. The name. address and phone number of Consumer Credit Counseling Agencies serving vour county are Lsted at the end of this Notice. If you have any Questions, you may call the Pennsylvania Housing Finance Agency toll free at 1 (800) 342-2397 (Persons with impaired hearing can call (717) 780 1869) This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACIUN EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO (1-800- 342-2397). PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. Page 3 of 7 HOMEOWNER'S NAME(S): PROPERTY ADDRESS: LOAN ACCT NO.: Eric R Buxton Stacy L Buxton 2506 Mallard Way Mechanicsburg, PA 17055 ILN-0121417538 ORIGINAL LENDER: Fulton Bank, NA CURRENT LENDER/SERVICER: Fulton Bank, NA HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM - - ~ YOU- MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THIRTY THREE (33) DAYS OF THE DATE OF THIS NOTICE IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Norice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE -Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face-to-face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS FO THE POSTMARK DATE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETINGS THEN THE LENDER WILL BE TEMPORARILYPREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE. " YOU HAVE THE RIGHT TO FILE A HEMAP APPLICATION EVEN BEYOND THESE TIME PERIODS. A LATE APPLICATION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS Ei~ENTUALLYAPPROVED AT ANY TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. Page 4 of 7 AGENCY ACTION -Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT =The MORTGAGE debt held by the above lender on your property located at: 2506 Mallard Way, Mechanicsburg, PA 17055 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS FROM 10/27/11 THROUGH 11/27/12 and are currently past due for the following amounts: Total Payment Amount: $5,830.86 Late/Other Charges: $541.32 Attorney Fees: $0.00 TOTAL AMOUNT PAST DUE: $6,372.18 HOW TO CURE THE DEFAULT -You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $6,372.18, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash cashier's check. certified check or money order made payable and sent to• ATTN: Sherri Barto Fulton Bank, NA PO Box 4887 Lancaster, PA 17604-4887 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose anon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON -The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY aeriod you will not be required to oav attorney's fees. OTHER LENDER REMEDIES -The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time uy to one hour before the Sheriff's Sale. You may do so by navine the total amount then past due plus any late or other charges then due reasonable attorney's fees and costs connected v~nth the foreclosure sale and any other costs connected with the Sheriff s Sale as suecified m wntmg by the lender and by performing any other requirements under the morteaee. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. Page 5 of 7 EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately 6 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Fulton Bank. NA Address: PO Box 4887 Lancaster. PA 17604-4887 Phone Number: f800) 521-8617 x18585 Fax Number: (717) 391-2908 Contact Person: Sherri Barto Risk Management Manager EFFECT OF SHERIFF'S SALE -You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and you right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - If permitted by your mortgage documents, you may be able to sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, chazges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY AL50 HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED BYANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR) • TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER • TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Sincerely, _~ Sherri Barto Authorized Representative Fulton Bank, NA Certified and Regular Mail Consumer Credit Counseling Agencies CUMBERLAND COUNTY Pathstone Corporation PA CCCS of Western PA 1625 North Second Street 55 Clover Hill Road Harrisburg, PA 17102 Dallastown, PA 17313 717.234.6616 888.511.2227 Page 6 of 7 Community Action Commission Capital Region 1514 Derry Street Harrisburg, PA 17104 717.232.9757 Loveship, Inc. 2320 North 5th Street Harrisburg, PA 17110 717.232.2207 Harrisburg Fair Housing Council 2100 N. 6~'. Street Harrisburg, PA 17110 717.238.9540 Housing & Redevelopment Authority - Cumberland Cnty 114 N. Hanover Street; Ste. 104 Carlisle, PA 17013 886.683.5907 / 717.249.0789 The Pennsylvania housing Finance Agency can be reached TOLL FREE at 1-800-342-2397 Page 7 of 7 Fulton Financial Corporation Message View Page 1 of 1 ~JL'PON FINANQAL eorzPO~~oN cbrelje~barley.com Received: Jan 11, 2013 9:42 AM Expires: Feb 10, 2013 9:42 AM From: gmucd(c~fuR.com To: cbrelje~bartey.com Cc: Subject: [encrypt] Continue Foreclosure -Buxton, Eric R /Buxton, Stacy L Yachments: Act (4).doc, Ad (3).doc, note.pdf, Act (2).doc, Ad (1).doc, Cert Receipt.pdf, Loan Oata Sheet.xls, mortgage.pdf ', RE: 0121417538 Colleen, Please move forv/ard with a complaint in foreclosure in this matter. The plaintiff is Fulton Bank, N.A. There is no MERS assignment. You may want to check the legal figure, as we have a commercial case that has blended the legal expenses to one account. Thanks, '~ Gennaro D. Mucci Foreclosure/Secondary Markef Coordinator Fulton Financial Corporation Telephone: (717)327-2425 Fax: (717)391-2908 Email: GmucclQfult.com This message was secured by Z~xCorp~. Second by ZQiCU-(,' hops://securemail-fult.com/s/messageservlet?tz=300 1 / 11 /2013 ACT 91 LETTER-12/05!2012 7012 1010 0003 1723 5018 BCTXTON, STACY L. / ILN#0121417538(1057) ~- ~ ~, ~ ~ Postage $ / G ~--~:5.~ . iJQ`- ~- ~.~:. • .a Certfied Fee ~ - ~ m ~ ' P6simark ~~ Return Receipt Fee ~,e Q r ~?=. 1 ~ (E.ndorsernent Required) ` 1 Restricted Delivery Fee d /~ ~ ' 5 ~' . ~'-- ~ Q ) (Endorsement Require Y __ . j ~ .f. ;~ / ~ ra Total Pa=' ~ -~ ~ entro STACY L BUXTON ~ a 3lreet,APt 1 COMMERCIAL DR ~----- r` or POt3ox CAMP HILL, PA 17011- 7511 .---- ciry' Siaie. t Complete 1.2• and 3. Aiso~ Aim !tern 4 if Restricted De~verY on the reverse ^ prlrrt your rusme and address so that we can return the ctd to Y~• t Attach this card to the back of the maiipiece, or on the front if space permits. 1. Arride Addressed to: STACY L BUXTON 1 COMMERCIAL DR CAMP HILL, PA 17011-7511 A Sl~rttleure ~ 'I X ~ ~ Atsee ! c. D of ~ N ~ X ~ ~ D. fe delivery t~ddress tip t~ ibern t? Y 1 It YES, eater delivery ati below: ~ 1 I ~' 3. iI a Rte C7 Rt~rturn Reoe1~ , O co.D. ` ` 1 . ^ insured t~Aall `.. z _. , , 4. Restricted OeUveyi ~ Feea ~ .:. . ' ~ z~;~i 7d12 1d1D Q.[#~3 ~-'~~.3 5018 rttar,a;fer' i~ s ?~?~~ Domestic Return Receipt FS Form 3811, February 2~4 ^ Complete Items 1, 2, and 3, Also complete item 4 ff Restricted Delhrery is desired. ^ Print your name and address on the reverse so that we can return the card to you. ^ Attach this card to the back of the mallpfece, or.on the front if space permits. t. Article Addressed to: A. Signature X ^ Agent ^ Addressee B. Received by (PrMted Name) C. Date of Delivery D. fs deh'very address different from item 1? ^ Yea If YES, errter delivery address below: (~ No STACY L BUXt'ON 2506 MALLAR. ,.~11,{, /AY 3~~~ _..., MECHANIC5BU12G, PA 17055 ~~ pExpresaftAae ~ Regtabxed O t~edun Receipt for flAetohendlae I _. _ ,,....____ ^ In~uredMaG ^ C.O.b. :: `4. Restricted Delivayl (dtfrn ~1 p Yea ~ 2. ,sdtioret¢ymber. ~ ~r-anatap~rrom ~vrce.ratie~j ? D 1~ ~ 21:0 D C3 tl 2 5 D 3 4 9 419 PS'' Form 3811, February 2004 Domestic Return Receipt ,~,s.r,,;,~;;~~ 1~1~nB~~nk LISTENING IS JUST THE BEGINNING m P.O, BOX 4887 LANCASTER, PENNSYLVANIA 17604 di~i~iiaiii~iiiA~di~~ii~m .o.r =..o 0002 =03..~~. V E~ 7oy~ 2218 ga02 5034 9419 11 a ~ ~ ~~ ~ • ~ # p ~ 3 3 0~ n ~~ °i:i;~F N l'I ~~y I a1 n 7 ~ c ~ c 3! ~ ~ .~ ~ ` a ~, ~ ~ ;± 4 m.n;;:~ ;; ,1 ~ i t;. :~.. .``~ ~'\ ~~~~~ PST ~i"~' O (~ ~ ~ I daeo .reaiv 02 1M ~ drJ,9~Q 0004239024 DEC 11 2012 MAILED FROM ZIP CODE '! i 520 -r(+~. /PVC ,Q~;fl ~_ I ~, ~ a n r r z _o N ti v W 00 O N • Complete items 1, 2. said 3. Also corn ^ P~ M Ycur~nameC ~ d a, the n ^ Attach th)s card tourhe~car+ri ~ or on the front if space permits, 1. Article Addressed to: EF~IC R BUXTON HOUSEHOLD ACCOUNT 254b MALLARD WAY MECHANICSBURG, QA 1 A 31gr~ahtre X D Agern O Addres~e [3. Received by (Arfnted Name) C. Date of Delivery D• is deitve dress dffterer>t tram item 1? ~ Yea Ii YE~ter delivery address t-elow: D NO 9. 8eM -.+~ aerlffled Meq D t Malt D d D Return RecelptforMerGharrcise ^ insured Mali v o.o.D. 4. Restricted L?ellvery? (6dta Fes) D Yes 2. Aftlole:Nrimbert l~+t~~riFamie%p~j : 7012 2210 OII02 5D34 94D2 Ps~Form3811,Februerq•2004 DomeatfcfietumReceipt to~see.oa-nMtaao C ~4r1 f~~ r~~r~~V•. -'~ -- - ~~ LISTENING IS JUST THE BEGINNING! P.O. BOX 4887 LANCASTER, PENNSYLVANIA 17604 7012 221D 0002 5034 9402 ~ ~ ~,-~-~ ll~~ 7C112 221D DDD2 5034 9402 ~~ ~~ o m ~ ~ ~, _ ~ .~ ~~ r3ttN0~ n 5. c $ ~ n::: D 3 rn ~ z~OC n ~ ~°nz ADO a~~ 0 ~n cn w 0 a :~' q;f-_. <.,,+ 02.24-013 (10/10) lsr , .~~£~ n o N uw>~os `~ ° 9~ pw~ o ~~~ ~ ~~ N ~ ~~~~ ~~__ ~a. nn ? ~ ~?r'~i T ~, i(ACANZ' li ak 1:. E# ._. E T r`i c Q R {!I A.F: #? A.r~~'~.~3'~'~r'~j. Rt~t?c3 ..:ii3..~!.~:!j~s~ ;..1,.. I!..~:i.,;ti,;;t;;~)ial; Sri ~ ` `f ~ ~~ .4^ C7C1 n ',~ r _O _N ~P J w 00 0 _..._. _ __ -____-_ ...----r.. __._._ ^ Complete Items 1 ~ $, a3utd 3. Aleo complete item 4 ff Reatricied Delivery la deaMsd. ^ Print your name and addre~a on the reverse sc #hat we can return the card to you. ^ Attach this card to the back of th allpiece or on a front if space Permtis. t. Artlde~efdressed ta: -~~ n,J,,~.. ~.;..; ERICrBUXT'ON 254~/i MALLARD WAY MECHANICSBURG, PA I705S 2.. Attlple Nugtlpf. . R?~Inaler `amvkelgb PS Form 38'1.1., February 20p4 l~ult0~'1 BaYlk, LISTENING IS JUST THE BEGINNING ~ P.O. BOX 4887 LANCASTER, PENNSYLVANIA 17604 A. 8lgnaht!re X 0 A~ ------- O Addressee B. Received by (Ydrtted Marne) C. Date of Delivery D. Is degvery address dlAerent from ftem ~ 1 ^ Yes If YE3, enter delivery address below: d No ~ O Map D E>tpfpgg Mali ~ Rep! O Return Receipt for Menshandiss D tnauntd Malt D Q.O.D. a. Remitted Depvety? t~++ Fee) D Yes 70],2 2210 0002 5034 9426 Domeado Return Receipt t02b98-0&8t-1S40 t MI~INIINIIIaIIII~NI~IIION ,a.2 =.,o ooo. =o,. 9~., 7012 2210 0002 5034 9426 ~ ~ W n ~ boo c~ ~ -v D r v 0 v, ~~ .~ ;i ,~p`j~ pOST.q w 05 ~" .:~ ~' PITNEY sUWESt ~~ 0004239024 ~0~5'95° MAILEOFROM2IPCODE 17520' ~~ ~.- r zy ~~ N ` O ~ ~ r` •~ O ~C N_ N ~. ~ ~ O ~~ N o N ~~ ... o C O O N O W ~D N SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson r _ f.^! - Sheriff �'�`�`� �''l {� Jody S Smith ��,,���tt��t�u�rr�cr,���4 Ll ��� �����'���'� I.%�t'v i Chief Deputy •� 2013 MAR 20 PM 3: 07 0 Richard W Stewart = Solicitor OFFFCEOrTx SkERIFr CUMBERLAND COUNTY PENNSYLVANIA Fulton Bank, N.A. vs. Case Number Eric R. Buxton (et al.) 2013-951 SHERIFF'S RETURN OF SERVICE 0212812013 08:08 PM-Deputy Shawn Harrison, being duly sworn according to law, ed t r uested Complaint &Notice by"personally"handing a true copy to a person representing el s t be the Defendant, to wit: Stacy L. Buxton at 1 Commercial Drive, Lower Allen Township, H' , P 17011. SH WN H ISON, DEPUTY 0311312013 10:26 AM-Deputy Tim Black, being duly sworn according to law, served the requested Complaint& Notice by"personally"handing a true copy to a person representing themselves to be the Defendant,to wit: Eric R. Buxton at 198 Old Schoolhouse Lane, Upper Allen Twp., Mechanicsburg, PA 17055. TIM LA K, DEPUTY SHERIFF COST: $69.00 SO ANSWERS, March 14, 2013 RON ~R ANDERSON, SHERIFF iq-Ounrabutte 5henff.Teleosoff Inc. OF PRO C"BERL,e{NNC' C PEh" 'S y�{, ANIA y BARLEYSNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Attorneys for Plaintiff Lancaster, PA 17602 Fulton Bank,N.A.,formerly known as Fulton 717.299.5201 Bank FULTON BANK,N.A., FORMERLY COURT OF COMMON PLEAS OF KNOWN AS FULTON BANK, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION—LAW V. No. 13-951-CIVIL ERIC R. BUXTON and STACY L. BUXTON, Defendants PRAECIPE FOR JUDGMENT Enter Judgment in favor of Plaintiff, Fulton Bank, N.A., formerly known as Fulton Bank against Defendants, Eric R. Buxton and Stacy L. Buxton for want of an answer: ® Assess damages as follows: Principal Balance ................................................................ $28,432.40 Interest through 01/11/13 at a rate of$5.60 per diem .....:.......................................... 2,637.97 LateCharges........................................................................ 541.32 PriorLegal Fees .................................................................. 1,208.50 Attorneys' Fees................................................................... 3,000.00 Total............. ................................................................... $35,820.19 J6'�p a 3915649-1 X Gncz /el plus continuing interest after January 11, 2013 at a rate of$5.60 per diem,plus continuing late charges and costs. ® I certify that the foregoing assessment of damages is for specified amounts alleged to be due in the complaint and is calculable as a sum certain from the complaint. ❑ Pursuant to Pa. R.C.P. §237 (notice of praecipe for final judgment or decree), I certify that a copy of this praecipe has been mailed to each other party who has appeared in the action or to his/her Attorney of Record. ® Pursuant to Pa. R.C.P. §237.5, I certify that written notice of the intention to file this praecipe was mailed or delivered to the party against whom judgment is to be entered and to his/her Attorney of Record, if any, after the default occurred and at least ten days prior to the date of the filing of this praecipe and a copy of the notice is attached. BARLEY SNYDE,R Date: 1 By: Shawn M. Long, Esquire Attorneys for Plainti�f Fulton Bank, N.A./formerly known as Fulton Bank 126 E. King Strut Lancaster, PA 7602 717.299.5201 NOW, 3JUDGMENT IS ENTERED ABO '° Prothonotary/Cldrk;•Ci'U iv ion By: Deputy 3915649-1 No. 13-951-CIVIL BARLEYSNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Attorneys for Plaintiff Lancaster, PA 17602 Fulton Bank,N.A.,formerly known as Fulton 717.299.5201 Bank FULTON BANK, N.A., FORMERLY COURT OF COMMON PLEAS OF KNOWN AS FULTON BANK, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION—LAW V. No. 13-951-CIVIL ERIC R. BUXTON and STACY L. BUXTON, Defendants TO: Eric R. Buxton 2506 Mallard Way Mechanicsburg, Pennsylvania 17055-5300 Stacy L. Buxton 1 Commercial Drive Camp Hill, Pennsylvania 17011-7511 DATE OF NOTICE: April 9, 2013 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE No. 13-951-CIVIL FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED OR NO FEE: Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE REGISTRAR COMPARECENCIA ESCRITA POR SI MISMO O A TRAVES DE UN ABORGADO Y SOMETER CON LA CORTE SUS DEFENSAS U OBJECCIONES A LOS CARGOS QUE SE HAN PRESENTADO CONTRA USTED. A MENOS QUE USTED ACTUE DENTRO DE DIEZ DIAS DE HABER RECIBIDO ESTE AVISO, LA CORTE PUEDE TOMAR UNA DECISION EN CONTRA SUVA SIN TENER DERECHOS A UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD U OTROS DERECHOS IMPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO, LLAME O VAYA A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE PAGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO O BAJO COSTO A PERSONAS QUE CUALIFICAN. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717) 249-3166 BARLEYSNYDER Date: � d( � By: Shawn M. Long, Esquire Keith Mooney, Esquire Attorneys for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank Court I.D. No. 83774, 74001 126 E. King Street Lancaster,PA 17602 717.299.5201 BARLEYSNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Attorneys for Plaintiff Lancaster, PA 17602 Fulton Bank,N.A.,formerly known as Fulton 717.299.5201 Bank FULTON BANK,N.A., FORMERLY COURT OF COMMON PLEAS OF KNOWN AS FULTON BANK, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION—LAW V. No. 13-951-Civil ERIC R. BUXTON and STACY L. BUXTON, Defendants AFFIDAVIT OF SERVICE Colleen Bre1je, doth depose and say that she served a true and correct copy of the 10-day Default Notice upon Eric R. Buxton, 2506 Mallard Way, Mechanicsburg, Pennsylvania 17055- 5300 and Stacy L. Buxton, I Commercial Drive, Camp Hill, Pennsylvania 17011-7511 by mailing the same to them,by first class mail with Postal Form 3 817 attached on April 9,2013. The statements set forth in this Affidavit are made subject to the penalties of 18 Pa. C.S. §4904,relating to unsworn falsification to authorities. Date: April 9,2013 BARLEY SNYDER By: Colleen Brc1je, Paralegal 50 North Fifth Street, 2nd Floor P.O. Box 942 Reading, PA 19603 610.376.6651 3900588-1 j,NWNJFTEDSTATES'osrA .SERVIC. This Certificate of Maifi �`_<<' n9 Pdes ev denca Uiat mall fwa, ed to U�SPS This form may be used for domestic and international rt/iallh f O O O .Fmm: Ln O 50 North 5th Street - r' a C P.O. Box'9 { . N o ea ing, (A r mu LM M To:' ' as �ar� d s L N (�ch bury, A4 o 5-5 k _ c) PS Form 3817,April 2007 PSN 7530-02-000-9065 CI UNITED STATES Ceetifil-. N o A6 SERVIC e " c0 0 This Certificate ma e e Mailing domes ic-arW noe ryiat mail has been presented to USPS r� a r. This form maybe used for domestic'ard international mail. � _ From: Barley Snyder C(^�K�,B�\ O N O 3 d�SLiw,J VT 50 North 5th Street P.O. Box 942. J, f Q ea ing, N O 70: ( '0MB t l l. Li4 17611-775// PS Form 3817.April 2007 PSN 7530-02-000-9065 BARLEYSNYDER Shawn M. Long,Esquire Court I.D. No. 83774 126 E. King Street Attorneys for Plaintiff Lancaster, PA 17602 Fulton Bank,N.A.,formerly known as Fulton 717.299.5201 Bank FULTON BANK,N.A., FORMERLY COURT OF COMMON PLEAS OF KNOWN AS FULTON BANK, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION—LAW V. ERIC R. BUXTON and No. 13-951-CIVIL STACY L. BUXTON, Defendants AFFIDAVIT THAT THE DEFENDANT IS NOT IN THE MILITARY SERVICE, PURSUANT TO "SOLDIERS AND SAILORS" CIVIL RELIEF ACT OF 1918, RE-ENACTED 1940 The undersigned, Shawn M. Long, Esquire, doth depose and say that Eric R. Buxton and Stacy L. Buxton, Defendants are not in the Military or Naval Service,based on the following facts: Age of defendant is unknown; Present place of employment is unknown; Present place of Residence of Eric R. Buxton is 198 Old Schoolhouse Lane, Mechanicsburg, Pennsylvania 17055-5665; Present place of Residence of Stacy L. Buxton is 1 Commercial Drive, Camp Hill, Pennsylvania 17011-7511, as of the date of this affidavit. ADDITIONAL FACTS, if any, Affidavit based upon representations of Plaintiff. The statements set forth in this Affidavit are made subject to the penalties of 18 Pa. C.S. §4904, relating to unsworn falsification to authorities. BARLYYS/IR Dated: 1 ��0�� By: 4::J Shawn M. Long, squire Attorneys for Pl intiff Attorney I.D. 3774 Fulton Bank, N.A., formerly known as Fulton Bank 126 E. King Street Lancaster, PA 17602 717.299.5201 3915649-1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY OFFICE OF THE PROTHONOTARY CARLISLE, PA TO: Eric R. Buxton and Stacy L. Buxton Defendants YOU ARE HEREBY NOTIFIED that Fulton Bank,N.A., formerly known as Fulton Bank has caused a judgment by default to be entered against you with the Prothonotary of ry Cumberland County. The judgment was entered on N� g , GAW to No. 13- 951-CIVIL with the Court of Common Pleas of Cumberland County- Civil Division. The judgment is in the amount of$35,820.19,plus interest at the rate of$5.60 per diem from January 11, 2013, costs of this action. PROTH OTARY A By: Deputy Clerk 3915655-1 I3 DEC 1 6 i[: t "U 3t.RLAI l Jid PENNSYLVAN1 BARLEY SNYDER Shawn M. Long,Esquire Court I.D. No. 83774 126 E. King Street Attorneys for Plaintiff Lancaster, PA 17602 Fulton Bank,N.A.,formerly known as Fulton 717.299.5201 Bank FULTON BANK, N.A., FORMERLY COURT OF COMMON PLEAS OF KNOWN AS FULTON BANK, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. CIVIL ACTION—LAW ERIC R. BUXTON and No. 13-951-Civil STACY L. BUXTON, Defendants PRAECIPE FOR WRIT OF EXECUTION To the Prothonotary: Kindly issue a Writ of Execution in the above matter: 498.50 ppp771 bq.00 03r- Principal Balance $28,432.40 103.'75 Interest through 01/11/13 Flo 50 11 at a rate of$5.60 per diem 2,637.97 �5" A0 Anil Charges 541.32 Prior Legal Fees 1,208.50 Attorneys' Fees 3,000.00 Total $35,820.19 .4J..15 Duee 5o LI 4098587-1 L115402(pro e.#a99y0P P plus continuing interest after January 11, 2013 at a rate of$5.60 per diem,plus continuing late charges, attorneys' fees and costs. BARLEY SNYDER By: Sh. M. Long, squire Attorneys for Plaintiff, Fulton Bank,N.A., formerly known as Fulton Bank Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 4098587-1 F ' l BARLEY SNYDER `2' 13 DEC', 16 Ati I' `' 7 Shawn M. Long,Esquire ' U5 Et L f jr }_ ' Court I.D. No. 83774 PENNSYLVANIA' 126 E. King Street Attorneys for Plaintiff Lancaster, PA 17602 Fulton Bank,N.A.,formerly known as Fulton 717.299.5201 Bank FULTON BANK,N.A., FORMERLY COURT OF COMMON PLEAS OF KNOWN AS FULTON BANK, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION—LAW v. No. 13-951-Civil ERIC R. BUXTON and STACY L. BUXTON, Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 Fulton Bank,N.A., formerly known as Fulton Bank, plaintiff in the above action, sets forth as of the date the praecipe for the writ of execution was filed the following information concerning the real property located at 2506 Mallard Way, Mechanicsburg, Upper Allen Township, Cumberland County, Pennsylvania. (1) Name and address of owner(s) or reputed owner(s): Eric R. Buxton 2506 Mallard Way Mechanicsburg, Pennsylvania 17055-5300 Stacy L. Buxton 1 Commercial Drive Camp Hill, Pennsylvania 17011-7511 (2) Name and address of defendant(s) in the judgment: Eric R. Buxton 2506 Mallard Way Mechanicsburg, Pennsylvania 17055-5300 Stacy L. Buxton 4098587-1 1 Commercial Drive Camp Hill, Pennsylvania 17011-7511 (3) Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Fulton Bank,N.A., formerly known as Fulton Bank One Penn Square P.O. Box 4887 Lancaster, PA 17604 Metro Bank 3801 Paxton Street Harrisburg, PA 17111 (4) Name and address of the last recorded holder of every mortgage of record: Chase Manhattan Mortgage Corporation 10151 Deerwood Park Blvd, Building 300 1st Floor, Suite 140 Jacksonville, FL 32256 Fulton Bank,N.A., formerly known as Fulton Bank One Penn Square P.O. Box 4887 Lancaster, PA 17604 Commerce Bank/Harrisburg 3801 Paxton Street Harrisburg, PA 17111 (5) Name and address of every other person who has any record lien on the property: United States of America U.S. Treasury Department Pittsburgh Office, Room 808 1000 Libertry Avenue Pittsburgh, PA 15222-9974 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Dept. 280946 Harrisburg, PA 17128-0946 4098587-1 Commonwealth of Pennsylvania Department of Revenue Dept. 280948 Harrisurg, PA 17128-0948 Upper Allen Township 100 Gettysburg Pike Mechanicsburg, PA 17055 (6) Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: JP Morgan Chase Bank, National Association 3415 Vision Drive Columbus, OH 43219 (7) Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Commonwealth of Pennsylvania Dept. of Revenue Bureau of Compliance 7th Floor Strawberry Square Harrisburg, PA 17128-0101 Internal Revenue Service Wm. S. Moorhead Federal Building Advisory 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 Internal Revenue Service 600 Arch Street Room 3259 Philadelphia, PA 19106 Pennsylvania Department of Public Welfare TPL Casualty Unit, Estate Recovery Program PO Box 8486 Willow Oak Building Harrisburg, PA 17105-8486 Cumberland County Tax Claim Bureau 4098587-1 1 Courthouse Square Carlisle, PA 17013 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief I understand that false statements herein are made subject to the penalties of 17 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. BARLEY SNYDER Date: P �1 `�`I ( By: Sh M. Long, Esquir ttorneys for Plaintiff// Fulton Bank, N.A., fo4merly known as Fulton Bank Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 4098587-1 ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania,being more fully bounded, limited and described as follows, to wit: BEGINNING at a point on the East side of Mallard Court said point being also a distance for Two Hundred Thirteen and Ninety-four One Hundredths (213.94) feet North of the intersection of the West side of Old Gettysburg Pike (T-621), and the East side of Mallard Court;thence by the East side of Mallard Court,North Twenty-one (21) degrees Fifty (50)minutes Fifty-seven (57) seconds East a distance of Six and Seventy One Hundredths (6.70) feet to a point at a curve; thence by same and a curve to the left having a radius of Fifty (50) feet, an arc length of Seventy- five and Twenty-nine One Hundredths (75.29) feet to a point at line of Lot No. 3;thence by same and through the center of a Twenty (20) foot wide water line easement North Eighty-five (85) degrees Thirty-four (34)minutes Thirty (30) seconds East a distance of One Hundred Twenty-six and Twenty One Hundredths (126.20)feet to a point on the West right of way line of Old Gettysburg Pike (T-621); thence by same South Twenty-one (21) degrees Fifty (50)minutes Fifty-seven (57) seconds West a distance of One Hundred Twenty-eight and No One Hundredths (128.00) feet to a point at line of Lot No. 1; thence by same North Sixty-eight(68) degrees Nine (09)minutes Three (03) seconds West a distance of One Hundred Thirty-three and No Hundredths (133.00) feet to a point,the Place of BEGINNING. CONTAINING 12,740.75 square feet. BEING Lot No. 2 on a Final Subdivision Plan for Mallard Way, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 53, page 18, dated May 28, 1987. UNDER AND SUBJECT to all restrictions and conditions of record. BEING THE SAME PREMISES which Kenneth G. Murphy and Nancy G. Murphy,husband and wife by deed dated March 13, 2003 and recorded April 3, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 256,Page 2004, granted and conveyed unto Eric R. Buxton and Stacy L. Buxton, husband and wife. SEIZED IN EXECUTION as the property of Eric R. Buxton and Stacy L. Buxton on Judgment No. 13-951-Civil. 4098941_1.DOC y -' DEC 16 Ail f1 : ','7 +`'..11BE L klhi) C ILJ PENNSYLVANIA BARLEY SNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Attorneys for Plaintiff Lancaster, PA 17602 Fulton Bank,N.A.,formerly known as 717.299.5201 Fulton Bank FULTON BANK, N.A., FORMERLY COURT OF COMMON PLEAS OF KNOWN AS FULTON BANK, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA v. CIVIL ACTION—LAW ERIC R. BUXTON and No. 13-951-Civil STACY L. BUXTON, Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Eric R. Buxton 2506 Mallard Way Mechanicsburg, Pennsylvania 17055-5300 Stacy L. Buxton 1 Commercial Drive Camp Hill,Pennsylvania 17011-7511 Your house(real estate) at 2506 Mallard Way, Mechanicsburg,Upper Allen Township, Cumberland County, Pennsylvania is scheduled to be sold at Sheriff's Sale on June 4, 2014 at 10:00 am, by the Office of the Cumberland County Sheriff in the Cumberland County Courthouse located at 1 Courthouse Square, Carlisle, Pennsylvania to enforce the court judgment of$35,820.19 obtained by Fulton Bank, N.A., formerly known as Fulton Bank, against you. 4098587-1 NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale you must take immediate action: (1) The sale will be canceled if you pay to Fulton Bank,N.A., formerly known as Fulton Bank the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorney's fees due. To find out how you must pay, you may call Shawn M. Long at 717.299.5201. (2) You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. (3) You may be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. (1) If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price by calling the Sheriff of Cumberland County,at 888.697.0371 ext. 6390. (2) You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. (3) The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call the Sheriff of Cumberland County, at 888.697.0371 ext. 6390. 4098587-1 (4) If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. (5) You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. (6) You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on or about July 4, 2014. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after July 4, 2014. (7) You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 Telephone: (717)249-3166 4098587-1 n y ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania,being more fully bounded, limited and described as follows, to wit: BEGINNING at a point on the East side of Mallard Court said point being also a distance for Two Hundred Thirteen and Ninety-four One Hundredths (213.94) feet North of the intersection of the West side of Old Gettysburg Pike (T-621), and the East side of Mallard Court;thence by the East side of Mallard Court,North Twenty-one (21) degrees Fifty (50)minutes Fifty-seven (57) seconds East a distance of Six and Seventy One Hundredths (6.70) feet to a point at a curve; thence by same and a curve to the left having a radius of Fifty (50) feet, an arc length of Seventy- five and Twenty-nine One Hundredths (75.29)feet to a point at line of Lot No. 3;thence by same and through the center of a Twenty (20) foot wide water line easement North Eighty-five (85) degrees Thirty-four (34) minutes Thirty (30) seconds East a distance of One Hundred Twenty-six and Twenty One Hundredths (126.20)feet to a point on the West right of way line of Old Gettysburg Pike (T-621); thence by same South Twenty-one (21) degrees Fifty (50)minutes Fifty-seven(57) seconds West a distance of One Hundred Twenty-eight and No One Hundredths (128.00) feet to a point at line of Lot No. 1; thence by same North Sixty-eight(68) degrees Nine (09)minutes Three (03) seconds West a distance of One Hundred Thirty-three and No Hundredths (133.00) feet to a point,the Place of BEGINNING. CONTAINING 12,740.75 square feet. BEING Lot No. 2 on a Final Subdivision Plan for Mallard Way, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County,Pennsylvania, in Plan Book 53, page 18, dated May 28, 1987. UNDER AND SUBJECT to all restrictions and conditions of record. BEING THE SAME PREMISES which Kenneth G. Murphy and Nancy G. Murphy, husband and wife by deed dated March 13, 2003 and recorded April 3, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 256,Page 2004, granted and conveyed unto Eric R. Buxton and Stacy L. Buxton,husband and wife. SEIZED IN EXECUTION as the property of Eric R. Buxton and Stacy L. Buxton on Judgment No. 13-951-Civil. 4098941_1.DOC 13 ITC 16 I1 !'UM3ERLAN U co its f I PENNSYLVANIA BARLEY SNYDER Shawn M. Long, Esquire Court I.D.No. 83774 126 E. King Street Attorneys for Plaintiff Lancaster, PA 17602 Fulton Bank, N.A.,formerly known as Fulton 717.299.5201 Bank FULTON BANK, N.A., FORMERLY COURT OF COMMON PLEAS OF KNOWN AS FULTON BANK, CUMBERLAND COUNTY, Plaintiff PENNSYLVANIA CIVIL ACTION— LAW v. No. 13-951-Civil ERIC R. BUXTON and STACY L. BUXTON, Defendants NOTICE OF SHERIFF'S SALE TO: All Parties in Interest and Claimants OWNER(S): Eric R. Buxton and Stacy L. Buxton PROPERTY: 2506 Mallard Way Mechanicsburg, Pennsylvania COUNTY: Cumberland, Pennsylvania The above-captioned property is scheduled to be sold at the Sheriff's Sale on June 4, 2014 at 10:00 am at Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania. Our records indicate that you may hold a mortgage or judgment on the property which may be extinguished by the sale. You may wish to attend the sale to protect your interest. 4098587-1 A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than 30 days after the sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within 10 days after the filing of the schedule. Sincerely, BARLEY SNYDER ha► M. Long, 'squire 4098587-1 ALL THAT CERTAIN tract of land situate in Upper Allen Township, Cumberland County, Pennsylvania, being more fully bounded, limited and described as follows, to wit: BEGINNING at a point on the East side of Mallard Court said point being also a distance for Two Hundred Thirteen and Ninety-four One Hundredths (213.94) feet North of the intersection of the West side of Old Gettysburg Pike (T-621), and the East side of Mallard Court; thence by the East side of Mallard Court,North Twenty-one (21) degrees Fifty(50) minutes Fifty-seven (57) seconds East a distance of Six and Seventy One Hundredths (6.70) feet to a point at a curve; thence by same and a curve to the left having a radius of Fifty(50) feet, an arc length of Seventy- five and Twenty-nine One Hundredths (75.29) feet to a point at line of Lot No. 3; thence by same and through the center of a Twenty (20) foot wide water line easement North Eighty-five (85) degrees Thirty-four (34)minutes Thirty(30) seconds East a distance of One Hundred Twenty-six and Twenty One Hundredths (126.20) feet to a point on the West right of way line of Old Gettysburg Pike (T-621); thence by same South Twenty-one (21) degrees Fifty (50) minutes Fifty-seven (57) seconds West a distance of One Hundred Twenty-eight and No One Hundredths (128.00) feet to a point at line of Lot No. 1; thence by same North Sixty-eight (68) degrees Nine (09)minutes Three (03) seconds West a distance of One Hundred Thirty-three and No Hundredths (133.00) feet to a point, the Place of BEGINNING. CONTAINING 12,740.75 square feet. BEING Lot No. 2 on a Final Subdivision Plan for Mallard Way, which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 53, page 18, dated May 28, 1987. UNDER AND SUBJECT to all restrictions and conditions of record. BEING THE SAME PREMISES which Kenneth G. Murphy and Nancy G. Murphy, husband and wife by deed dated March 13, 2003 and recorded April 3, 2003 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 256, Page 2004, granted and conveyed unto Eric R. Buxton and Stacy L. Buxton, husband and wife. SEIZED IN EXECUTION as the property of Eric R. Buxton and Stacy L. Buxton on Judgment No. 13-951-Civil. 4098941_1.DOC WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-951 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due FULTON BANK,N.A.,f/k/a FULTON BANK, Plaintiff(s) From ERIC R. BUXTON and STACY L.BUXTON (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the garnishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof; (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $28,432.40 L.L.: $.50 Interest through 1/11/13 at a rate of$5.60 per diem -- $2,637.97 Atty's Comm: Due Prothy: $2.25 Atty Paid: $217.75 Other Costs: Late charges---$541.32 Prior Legal Fees---$1,208.50 Attorney Fees--- $3,000.00 Plaintiff Paid: Date: 12/16/13 Tha4.4..e.;411. David D.Buell,Prothonot. (Seal) Deputy REQUESTING PARTY: Name: SHAWN M. LONG,ESQUIRE Address: BARLEY SNYDER 126 E. KING STREET LANCASTER,PA 17602 Attorney for: PLAINTIFF Telephone: 717-299-5201 Supreme Court ID No. 83774 4. F-. CUMBERLAND MJ'4T `' (7Cf�1Jr��I �+ ,�, �, PENN'S 1 L.YANiA No. 13 -951 -CIVIL BARLEY SNYDER Attorneys for Plaintiff Shawn M. Long, Esquire Fulton Bank, N.A., formerly known as Fulton Court I.D. No. 83774 Bank 126 E. King Street Lancaster, PA 17602 717.299.5201 FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, v. ERIC R. BUXTON and STACY L. BUXTON, Plaintiff Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 13 -951 -Civil AFFIDAVIT OF SERVICE Colleen K. Brelje, Paralegal, doth deposes and says that she served a true and correct copy of the Notice of Sheriff's Sale, by mailing the same to the parties on the attached sheet by First Class mail with Postal Form 3817 attached on April 24, 2014. The statements set forth in this Affidavit are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. BARLEY SNYDER By: 4290883 Co een K. Brelje, Paralegal 50 N. Fifth Street, P.O. Box 942 Reading, PA 19603-0942 610.376.6651 hI ?iijii.ai uertmcate POSTAL SERVICE® Man This Certificate of Mailing provides evidence that mall has been presented to USPS,P. for maill This form may be used for domestic and international mail. From; . Colleen K. Brelje, Paralega Barleyl 50 North Fifth Street, PO Box 942 ,39/7 Reading, PA 19603-0942 / / To: Eric R. Buxton '1 2506 Mallard Way Mechanicsburg, PA 17055-5300 PS Form 3817, April 2007 PSN 7530-02-000-9065 uertmcate POSTAL SERVICE® Maili This Certificate of Mailing provides evidence that mall has been presented is USPS' for mai This form may be used for domestic and international mall. From: To: Cnileen K. Brelje, Paralegal Barley Snyder 50 North Fifth Stree PO Box 942 eading, PA 19603- 942 -7' c4`3 - 0! 0 0 ft 1 Commercial Drive Camp Hill, PA 17011-751f PS Form 3817, April 2007 PSN 7530-02-000-9065 • LINT I MI t5 Certificl Mill POSTAL SERVICE® This Certificate of Mailing provides evidence that mail has been presented to USPSO Thislorm may be used for dortestic and International mail. From: To: Colleen K. Brelje, Paralegal ar ey Snyder Reading, PA 19603-0942 Chase Manhattan MortgagePIOE ',POW Corporation ' 10151 Dye, *mud Park Blvd Bld Jacksonville, FL 32256 PS Form 3817, April 2007 PSN 7530-02-000-9065 Hasler 04124/2014 US POSTAGE $01 .302 ZIP 19601 Hasler 04/24/2014 US POSTAGE $01 .302 ZIP 19601 011D10628614 vlir+►Ca/ J I/.il G." POSTAL SERVICE® Mall This Certificate of Mailing provides evidence that mall has been presented to USPS® for m, Thls form may be used for domestic and international mall. From: L;ertrrIcate Colleen K. Brelje, Paralega Barley Snyder w t, 50 North Fifth Street, PO Box•942� Reading, PA 19603-0942 l -_ rrrTracv71dv To:I TPA 01 M O Ef-} Commerce Bank/Harrisburg 3801 Paxtut, Street Harriehpr,g, PA 47111 PS Form 3817, April 2007 PSN 7530-02-000-9065 LWVI►I1 C1.1 1411G3 POSTAL SERVICE® Thls Certificate of Mailing provides evidence that mail has been presented to USPS® for r TMs form may be used for domestic and international mall. From: oco fp O (0 r ON a- o 0 uertiticate ur Mai To: Colleen K. Brelje, Paralegal Barley Snydcr 50 North Fifth Street, PO Box 942 Reading, PA 19603-0942 01 O M -JP Morgan Chase Bank, N.A. 3415 Vision Drive Columbus, 0I1 43219 PS Form 3817, April 2007 PSN 7530-02-000-9065 V,ve I GI./ J I/.11 GJ c;ertrncate POSTAL SERVICE® Mailii Thls Certificate of Mailing provides evidence that mail has been presented to USPS® for malll Thls form may be used for domestic and international mall. From: To: Colleen K. Brelje, Paralegal Barky SJaydvt 50 North Fifth Street, PO ROT 942 c dSn Reading, PA 19603-0942 ( ,/ tik% 1 Upper Allen Township 100 Gettysburg Pike Mpcti inlrsbnu'g, PA 17055 PS Form 3817, April 2007 PSN 7530-02-000-9065 0 0 01 O0 o00 M O r ao 0 N e- ta o 0 0 0 0 0 0 Hasler 04/2412014 $01 300 ZIP 19601 011D10628614 4 Cn 1-4 w tn0 0 • 0 I0 i0) Hasler 04/24/2014 US POSTAGE $01 .309. 1- ZIP 19601 011D10628614 POSTAL SERVICE. This oCertificate b of used Mailing provides and evidence that in international has mall.been presented to USPS® for mailing. y This term L ertincate u Mailin From: 1,.. 50 North Fifth Street PO Box 942 Reading, PA 19603-0942 To: Commonwealth of Penn Department of Revenue i • ;1"-; PS Form 3817, April 2007 PSN 7 lvania-krL • tt'40;11►G f; 0-02-000-9065 S dO yr ©1 Q da, O CS)o Q613 0- TS O -D m 0 3 (.3 V O !N 0 0 V/Y/ 1 CL/ J rrertincate POSTAL SERVICE Mailil This Certificate of Malting provides evidence that mall has been presented to USPS® for mail This form may be used for domestic and international mall. From: Colleen K. Brelje, Paralegal Barley Snyder To: 50 North Ilitth Street, PO tiox 941, Reading, PA Pennsylvania Dept. of Public�WElfare TPL Casualty Unit, Estate Recovery PO Box 8486 '1 Willow Oak pBuilding PS Form 381T,gp�f� rF.8 i 43472'0�70:gp6�6 virr r caL..a mit c-1 LertITIcate- Eft_ POSTAL SERVICE Mailing This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and international mall. From: (.Alicen K. retie, Paralegal Barley Snyder 50 Nort Reading, PA 19603-0942 To: United States of America U.S. Treasury Dept. Pittsburgh Office, Room 808 p7 6SZE WO011 Hasler 04/24/2014 US POSTAGE • T a $01.302 ZIP 19601 n 1Mf1S7RRId Hasler 04/24/2014 US POSTAGE $01.30° ZIP 19601 011010628614 r4 vnri GLI iii r c-1 POSTAL SERVICE® i4ertiticate ut Mailing To pay fee, affix stamps or meter postage here. _ This Certificate of Mailing provides evidence that mall has been presented to USPS® for mailing. This form maybe used for domestic andintemationai mall. From: Colleen K. Bretie, Paralegal Barley Snyder Reading, PA 19603-0942 t J' Commonwealth of Pennsylvania• x Dept. of Revenue PJ ba Bureau of Compliance, 7th FI. Str, wbet t y;< �ivar '11S'6 gp6 PS Fo110t,aNI/ 18494,U1 5 To: 01 Nt o M �� N a Erk 0. 751. BARLEY SNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 11 :6R{ J .r»l o `,rot- f�,;r 27 4H 9: FSU, fBEHL PENNS YL A NIA+ COUNTY No. 13 -951 -Civil Attorneys for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff v. ERIC R. BUXTON and STACY L. BUXTON, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 13 -951 -Civil AFFIDAVIT OF SERVICE Colleen K. Brelje, Paralegal, doth deposes and says that she served a true and correct copy of the Notice of Sheriff's Sale of Real Property and Notice of Sheriff's Sale, by mailing the same to Eric R. Buxton, 198 Old Schoolhouse Lane, Mechanicsburg, PA 17055-5665 anad delivered at 2401 N. Second Street, Harrisburg, PA 17110 by certified mail, return receipt requested on May 17, 2014. The statements set forth in this Affidavit are made subject to the penalties of 18 Pa.C.S. §4904, relating to unsworn falsification to authorities. Colleen K. Brelje, Paralegal 50 N. Fifth Street, P.O. Box 942 Reading, PA 19603-0942 610.376.6651 4290886-1 UNITED STATES !'' /' POSTAL SERVICE Date Produced: 05/19/2014 WALZ GROUP: The following is the delivery information for Certified MaiITM/RRE item number 9314 8699 0430 0002 9738 56. Our records indicate that this item was delivered on 05/17/2014 at 04:28 p.m. in HARRISBURG, PA 17110. The scanned image of the recipient information is provided below. Signature of Recipient : Address of Recipient : ' f ,&'f. Ze,. --it <Y. Thank you for selecting the Postal Service for your mailing needs. If you require additional assistance, please contact your local post office or Postal Service representative. Sincerely, United States Postal Service 2213-0570764 0430 0002 9738 utot m U-) m 0 a cc C Certified Fee C LL 0. CCU oC N Restricted De m a. u. .tf � 0. F d r. 13 H 111 :11:12 0 e� CC V 28 BARLEY SNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 No. 13 -951 -Civil 1 HE. PROTHONO SEP -2 PH 3: 53 CUMBERLAND) COUNTY PENNSYLVANIA Attorneys for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff v. ERIC R. BUXTON AND STACY L. BUXTON, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 13 -951 -Civil MOTION OF FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK TO POSTPONE SHERIFF'S SALE WITHOUT RE -ADVERTISING 1. Plaintiff filed its Writ of Execution in the instant matter on December 16, 2013 and scheduled Defendants, Eric R. Buxton and Stacy L. Buxton's property located at 2506 Mallard Way, Mechanicsburg, Cumberland County, Pennsylvania; Parcel No. 42-30-24108-349 (the "Premises") for Sheriff's Sale on June 4, 2014. 2. On May 31, 2014, Defendant, Eric R. Buxton filed a Voluntary Petition for Relief under Chapter 7 of the United States Bankruptcy Code, causing a stay of the Sheriff's Sale of the Premises scheduled for June 4, 2014. 3. The Sheriff's Sale scheduled for June 4, 2014 was continued until September 3, 2014. 4425942.1 No. 12-26182 4. On August 5, 2014, Plaintiff obtained an order from the Bankruptcy Court vacating the automatic stay and allowing Plaintiff to proceed with its state law rights and remedies as concerns its mortgage lien on the Premises. 5. Thereafter, Plaintiff identified a federal tax lien, which had been released as to Defendant Stacy L. Buxton, only, but which remains of record as against Defendant Eric R. Buxton. 6. Based on the foregoing federal tax lien, Plaintiff is required to send the Internal Revenue Service a notice of the Sheriff's sale of the Premises. 7. Continuing the Sheriffs sale with an announcement of such continuance being made at the September 3, 2014 Sheriffs sale will not prejudice any party. 8. Postponing the Sheriffs sale of the Premises to the December 3, 2014 Sheriff's sale would allow sufficient time for the Plaintiff to send the Internal Revenue Service a notice of the Sheriff's sale. 2 4425942.1 No. 12-26182 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an order postponing the Sheriff's sale in this matter to December 3, 2014, ordering that an announcement of such postponement be made at the September 3, 2014 Sheriff's sale and that no other notice of the continuance or re -advertising be required. BARLEY :NYY R By: 2 4425942.1 wn M. Court I.D. La = Esq o.8. 4 J� uaJ. aop, Es (ouit I.D. No. 9212 Attorrne for Plain Fulton B'; Al A , fo erly known as Fulton Bank 126 East King Street Lancaster, PA 17602-2893 (717) 299-5201 BARLEY SNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 No. 13 -951 -Civil Attorneys for Plaintiff Fulton Bank, N.A., formerly known as Fulton Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff v. ERIC R. BUXTON AND STACY L. BUXTON, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 13 -951 -Civil CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the Motion of Fulton Bank, N.A., formerly known as Fulton Bank to Postpone Sheriff's Sale Without Re -Advertising (the "Motion") was served this 2nd day of September, 2014, upon: Via First Class Mail: Eric L. Buxton 2401 N. Second Street Harrisburg, PA 17110 By: 4425942.1 Via First Class Mail: Stacy L. Buxton 1 Commercial Drive Camp Hill, PA 17011-7511 BARL Y SNY�DE% Shaw . Longi, squire Cou I. No. No. 837 Jos a J. Knapp, quirt Court I.D \ No. ' 2123 Attorneys ror Plaintif Fulton Bank, .A., fo erly known as Fulton Bank 126 East King Lancaster, PA 17602-2893 (717) 299-5201 eet 2 LED -OFF CF" THE ('f\U NUI U 20i[ SEP -2 Phi 4:20 CUMBERLAND COUNTY PENNSYLVANIA FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaintiff v. ERIC R. BUXTON and STACY L. BUXTON, Defendants COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 13 -951 -Civil ORDER AND NOW, this 01 day of September, 2014, upon consideration of the Motion of Fulton Bank, N.A., formerly known as Fulton Bank to Postpone Sheriff's Sale Without Re - Advertising, it is ORDERED that the Sheriff's sale scheduled for September 3, 2014 be postponed to the Sheriff's sale of December 3, 2014, that such postponement shall be announced by the Cumberland County Sheriff to those assembled at the September 3, 2014 Sheriff's sale, and that no further notice of such postponement or re -advertising shall be required. BARLEY SNYDER Shawn M. Long, Esquire Court I.D. No. 83774 126 E. King Street Lancaster, PA 17602 717.299.5201 Attorneys for Plaintiff Lafayette Ambassador Bank FULTON BANK, N.A., FORMERLY KNOWN AS FULTON BANK, Plaint?If V. ERIC R. BUXTON AND STACY L. BUXTON, Defendants COURT OF COMMON PLEAS OF CUMBERLANDCOUNTY, PENNSYLVANIA CIVIL ACTION — LAW No. 13 -951 -Civil AFFIDAVIT OF SERVICE Colleen Brelje, Paralegal, being sworn according to law, deposes and says that she served true and correct copies of the Notice to the United States Internal Revenue Service, Tax Liens, c/o United States Attorney's Office, 615 Chestnut Street, Suite 1250, Philadelphia, PA 19106 and United States Internal Revenue Service, Attn: Chief, Special Procedures Section, Wm. S. Moorhead Federal Building, Advisory, 1000 Liberty Avenue, Room 704, Pittsburgh, PA 15222, by mailing the same by regular mail with Postal Form 3817 attached on September 10, 2014 by certified mail, return receipt requested. BARLEY SNYDER By: 4434946.1 4144 114:4 Colleen Brelje, a alegal? 50 North Fifth Street PO Box 942 Reading, PA 19603 610.376.6651 UNITED STATES Prig POSTAL SERVICE® Certificate Of Mailing To pay fee, affix stamps or meter postage here. cJ This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. V This form may be used for domestic and international mail. ---- From: ,/1 k I I, Si`4 „I ^ r ��/�(�(JJJ j, (�(}(�1f OI ,a S'r CD 0 000 p.o. 1?� )c 'V4-2. u, "O M �' o ritiaoLurki, ON, lal t.p O 3 1ca Ei ▪ fi• r► IV e- 7.11 o0 To: ' A V-WM Cir lh-ifw aj Yw.f\a\ VW C' 0 c / ri 4cr Akt CQ (CJ ciAkc i vt-t- y SUi+e DPi0 F}1( lad,el ph i a_, 7)1. tot t-Ou PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITED STATES POSTAL SERVICE® Certificate Of To pay fee, affix stamps or Mailing meter postage here. This Certificate of Mailing provides evidence that mail has been presented to USPS® for mailing. This form may be used for domestic and intemational mail. From: �'j�n%�v 7) N , �--1A-1,) St P.o. paox 04-2- 12-ea0(ir , 1.0u7D3 To: Vl • . t ri' `moi Q 1'"` vent. L t . C hiQF, SpeLicti IPwce44AreS Sec MI. S. k\AMrKead ced..e.-, JL i:3wAx 000 I.i OtY Atu� 2Cor.,r. •. /04- p i aq PS Form 3817, April 2007 PSN 7530-02-000-9065 1�'