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HomeMy WebLinkAbout13-2074 Supreme Coutt-ofj,Pennsylvania Cou -Ctim m oQ? Pleas For Prothonotary Use Only: 141 i Zr ' Y ' ! � GAW, over P . Docket No: CUMBERLAND/ County The information collected on this form is used solely for court administration purposes. This fortn does not supplement or replace the filing and service of pleadings or other papers as required by lain or rules of court. Commencement of Action: S X! Complaint El Writ of Summons 0 Petition J Transfer from Another Jurisdiction Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: Mid Penn Bank Harold F. Dumais T Dollar Amount Requested: � within arbitration limits Y Are money damages requested? - es No (check one O � ) outside arbitration limits N Is this a Class Action Suit? F77 Yes 0 No Is this an MDJAppeal? ❑ Yes El No A Name of Plaintiff /Appellant's Attorney: Marc A. Hess, Esquire Ell Check here if you have no attorney (are a Self- Represented JPro Se) Litigant) Nature of the Case Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) CONTRACT (do not include Judgments) CIVIL APPEALS 0 Intentional E! Buyer Plaintiff Administrative Agencies Q Malicious Prosecution Q t Collection: Credit Card J Board of Assessment j Motor Vehicle SIP6 Deb C Othe, /_ n Board of Elections rl Nuisance �LDT /_ Q Dept. of Transportation Premises Liability El Statutory Appeal: Other S M Product Liability (does not include Q Employment Dispute: mass tort) E 0 Slander/Libel/ Defamation Discrimination C El Other. El Employment Dispute: Other 0 Zoning Board T 0 Other: I 0 Other: O MASS TORT 0 Asbestos N FLI Tobacco E] Toxic Tort - DES Toxic Tort - Implant REAL PROPERTY MISCELLANEOUS Toxic Waste -' Ejectment � Common Law /Statutory Arbitration 0 B El Eminent Domain /Condemnation I_i Declaratory Judgment El Ground Rent r1i Mandamus 0 Landlord/Tenant Dispute Non - Domestic Relations 0 Mortgage Foreclosure: Residential Restraining Order PROFESSIONAL LIABLITY El Mortgage Foreclosure: Commercial 13 Quo Warranto Dental 0 Partition Q Replevin El Legal Quiet Title Other: M Medical Other: Other Professional: Updated 1/1/2011 F11.F0 0{'�ir'E OF THE PROTHONOTARY 7013 APR "17 AM i0: 51 CUMBERLAND COU14TY PENNSYLVANIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. HAROLD F. DUMAIS, Defendant NOTICE 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 may be entered against you by the court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. 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. o.m+t 75�,d D X9300 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 South Bedford Street Carlisle, PA 17013 (717) 249 -3166 or (800) 990 -9108 Notice Required Under the Fair Debt Collection Practices Act, 15 U.S.C. §1601 (as amended) and the Pennsylvania Unfair Trade Practices Act and Consumer Protection Law, 73 Pa.Con.Stat.Ann. §201, et seq. ( "The Acts ") To the extent that the Acts may apply, please be advised of the following: 1. The amount of the original debt is stated in the Complaint attached hereto. 2. The Plaintiff who is named in the attached Complaint and /or its loan servicing agents are creditors to whom the debt is owed. 3. The debt described in the Complaint attached hereto and evidenced by the copies of the mortgage and note will be assumed to be valid by the creditor's law firm, unless the debtors /mortgagors, within thirty (30) days after receipt of this notice, dispute, in writing, the validity of the debt or some portion thereof. 4. If the debtors /mortgagors notify the creditor's law firm in writing within thirty (30) days of the receipt of this notice that the debt or any portion thereof is disputed, the creditor's law firm will obtain verification of the debt and a copy of the verification will be mailed to the debtor by the creditor's law firm. - 2 - 5. If the creditor who is named as Plaintiff in the attached Complaint is not the original creditor, and if the debtor /mortgagor makes written request to the creditor's law firm within thirty (30) days from the receipt of this notice, the name and address of the original creditor will be mailed to the debtor by the creditor's law firm. 6. Written request should be addressed to: Marc A. Hess HENRY & BEAVER LLP 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 7. THIS MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 8. Be advised that the thirty (30) day time period allotted herein will not stop or toll the time period set forth above, which requires you to take action on the Complaint within twenty (20) days after this Complaint and Notice are served upon you. 14 - AR A. HES - 3 - HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. HAROLD F. DUMAIS, Defendant COMPLAINT 1. The Plaintiff is Mid Penn Bank, with an office located at 5500 Allentown Boulevard, Harrisburg, Pennsylvania 17112. 2. The Defendant is Harold F. Dumais, an adult individual last known to reside at 19 Hamlet Street, Pascoag, Rhode Island 02859. 3. On or about August 15, 2007, the Plaintiff made a loan to the Defendant in the original principal amount of Sixty -Five Thousand Dollars ($65,000.00), evidenced by a Promissory Note, which was dated, executed and delivered to Plaintiff on or about August 15, 2007 (the "Note "), a copy of which is attached hereto as Exhibit "A" and incorporated herein by reference. 4. Contemporaneously with the execution of the Note, in order to secure payment of the same, Defendant made, executed and delivered to the Plaintiff a real estate Mortgage dated August 15, 2007, which was recorded on September 11, 2007, in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, at Instrument No. 200735313 (the "Mortgage "), conveying to the Plaintiff a security interest in the real estate described therein. A copy of the Mortgage is attached hereto as Exhibit "B" and made a part hereof by reference. 5. The Note and Mortgage have not been assigned. 6. The premises subject to the Mortgage is a certain lot and piece of ground situate at 114 North Enola Drive, Enola, East Pennsboro Township, Cumberland County, Pennsylvania 17025, as more particularly described on Exhibit "B" attached hereto (the "Mortgaged Real Property "). 7. The Defendant is the present owner of the Mortgaged Real Property subject to the Mortgage. 8. The Mortgaged Real property is not the Defendant's principal residence, but is an investment property for the Defendant. 9. The Defendant is in default of his obligations under the Note and Mortgage, having failed to pay the installment of principal and interest due on December 15, 2012, and all subsequent installments. 10. The terms of the Note and Mortgage provide that in the event of default Defendant shall be liable for Plaintiff's costs and attorney's fees. - 2 - 11. For purposes of this action, the Bank believes and therefore avers that Two Thousand Five Hundred Dollars ($2,500.00) constitutes reasonable attorney's fees for enforcing the Note and Mortgage. However, the Bank recognizes that it is restricted by law to those attorney's fees that are actually incurred. If those fees are less than Two Thousand Five Hundred Dollars ($2,500.00), the Bank agrees to adjust its demand for attorney's fees, if applicable, at the time of payment or adjustment. If the Bank's actual attorney's fees are in excess of Two Thousand Five Hundred Dollars ($2,500.00) the Bank believes it has a right to recover the same and therefore makes demand for payment thereof. 12.As a result of the default in the Note and Mortgage, the following amounts are due and owing: Principal - $ 56,130.60 Interest to 3/28/2013 - 1,716.81 Late Charge to 3/28/2013 - 215.28 Attorney's Fees and Costs for Foreclosure (estimated herein, actual to be collected) - 2.500.00 Total - $ 60,562.69 Plus interest after March 28, 2013, and continuing after entry of judgment at the contract rate ($12.0836 per diem), actual attorney's fees as have been or may be incurred by Plaintiff, additional late fees after March 28, 2013, at the contract rate, costs of suit and all other amounts, fees and costs expended by Plaintiff to maintain its collateral and incidental to execution and levy. 13. No judgment has been entered upon the Note or Mortgage in any jurisdiction. - 3 - 14. Notice was given to the Defendant in accordance with Section 403 -C of Pennsylvania Act 91 of 1983, a copy of which is attached hereto as Exhibit "C" and incorporated herein by reference. Said notice was mailed on or about January 30, 2013. As of the date of this Complaint, the Defendant has not arranged for a meeting with a representative of Plaintiff and Plaintiff has not received notice from a designated consumer credit counseling agency that Defendant has met with any such agency. 15. To the best of the undersigned's knowledge and belief, Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the provisions of the Service Members Civil Relief Act of 2003, as amended. 16. Notice pursuant to Federal Fair Debt Collection Practices Act 15 U.S.C. §1692, et seq. (1977) This is an attempt to collect a debt. Any information received by the undersigned will be used for the purpose of collecting the debt set forth herein. Unless you dispute the validity of the debt, or any portion thereof, within thirty (30) days after receipt of this Complaint, we will assume the debt to be valid. If within the thirty (30) day period you dispute the debt or any portion thereof, you are entitled to a written verification of the debt. If the current creditor is not the original creditor on this account, we will also advise you, upon request, of the name and address of the original creditor. Be advised that the thirty (30) day time period allotted herein will not stop or toll the time period set forth above in the Notice to Plead, which requires you to take action on the Complaint within twenty (20) days after this Complaint and Notice are served upon you. - 4 - 17. This is an in personam action on a Note secured by the Mortgage, and is not an action in mortgage foreclosure. Any judgment entered in this matter shall for lien priority relate back to the date of the Mortgage as to the Mortgaged Real Property. WHEREFORE, Plaintiff demands that judgment be entered in mortgage foreclosure in favor of the Plaintiff, Mid Penn Bank, and against the Defendant, Harold F. Dumais, in the amount of: Principal - $ 56,130.60 Interest to 3/28/2013 - 1,716.81 Late Charge to 3/28/2013 - 215.28 Attorney's Fees and Costs for Foreclosure (estimated herein, actual to be collected) - 2,500.00 Total - $ 60,562.69 Plus interest after March 28, 2013, and continuing after entry of judgment at the contract rate ($12.0836 per diem), actual attorney's fees as have been or may be incurred by Plaintiff, additional late fees after March 28, 2013, at the contract rate, costs of suit and all other amounts, fees and costs expended by Plaintiff to maintain its collateral and incidental to execution and levy. HENRY & BEAV R LLP By: A . HE S I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 Attorney for Plaintiff - 5 - MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. HAROLD F. DUMAIS, Defendant VERIFICATION 1, Amy M. Custer, being duly affirmed according to law, depose and say that I am a Vice President - Asset Recovery Manager of Mid Penn Bank, and 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. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. MID PENN BANK B y C ster Vice P esi ent Asset Recovery Manager . . . . . . . . . . . . A ...... . . . . . . . . . . . . . . . . . . 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 co — has been omitted due to text length limitations. Borrower: Harold F. Dumals Lender: Mid Penn Bank 19 Hamlet Street Allentown Boulevard Pascoaq, M 02859 SSW Allentown Boulevard Harrisburg, PA 17112 Principal Amount: $65,000.00 Interest Rate: 7.750% Date of Note: August 15, 2007 PROMISE TO PAY. Harold F. Dumals ('Borrower*) promises to pay to Mid Penn Bank (*Lender'), or order, In lawful money of the United States of America, the principal amount of Sixty-five Thousand & 00/100 Dollars ($65,000.00), together with Interest at the rate of 7.7$V/o per annum on the unpaid principal balance from August 15, 2007, until paid In full. The interest rate may change under the terms and conditions of the "INTEREST AFTER DEFAULT section. PAYMENT. Borrower will pay this loan In accordance with the following payment schedule: The loan shall be payable over a term of twenty (20) years. Commencing September 15 , 2007, the loan shall be payable In sixty (W) consecutive monthly Installments, Including principal and Interest, In the amount of $538.22, based upon an amortization of twenty (20) years, with Interest calculated at a rate of seven and three-quarter (7.759%) percent per annum. Five (5) years from the note date Borrower shall have the option of a now fixed rate datermIned solely by Bank or a variable rate equal to the Wall Street Journal Prime Rate ("Index") plus one percent It the fixed rate option Is chosen the rate will be fixed for the next five (5) year Interest rate period. The monthly Installments shall he reset based upon the then outstanding principal balance, the remaining amortization period, and the Interest rate, In an amount suff Iclent to maintain the original amorttxfftlon schedule. Provided, however, all outstanding principal, all accrued and unpaid Interest, and any other charges as may have been Incurred will be due and payable In full on or before August 15, 2027. Unless otherwise agreed or required by applicable law, payments will be applied first to any accrued unpaid Interest, then to principal', then to any unpaU collection costs; and then to any late charges. The annual Interest rate for this Note is computed on a 36V360 basis; that is, by applying the ratio of the annual interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the princlpal balance is outstanding. Borrower will pay Lender at Lender's address shown above or at such other place as Lender may designate In writing. PREPAYMENT. Borrower agrees that all loan fees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower 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 Borrower of Borrower's obligation to continue to make payments under the payment schedule. Rather, early payments will reduce the principal balance duo and may result In Borrower's making fewer payments. Borrower agrees not to send Lender payments marked 'paid in full', *wlthottt recourse', or similar language. If Borrower sends such a payment, Lender may accept it without losing any of Lender's rights under this Note, and Borrower will remain obligated to pay any further amount owed to Lender. All 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; Mid Penn Bank, Allentown Boulevard, 5500 Allentown Boulevard, Harrisburg, PA 17112- LATE CHARGE. It a payment Is 15 days or more late, Borrower will be charged 10.000 of the regularly scheduled payment or $25.00, whichever Is greater. INTEREST AFTER DEFAULT, Upon default, Including failure to pay upon final maturity, the Interest rate on this Note shall be increased by 5.000 percentage points. If judgment is entered in connection with this Note, interest wig continue to accrue after the date of Judgment at the rate In effect at the time judgment is entered. However, in no event will the interest rate exceed the maximum interest rate limitations under applicable law. DEFAULT. Each of the following shall constitute an event of default ('Event of Default') under this Note: Payment Default. Borrower falls to make any payment when due under this Note. Other Defaults. Borrower falls to comply with or to perform any other term, obligation, covenant or condition contained In this Note or in any of the related documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Borrower. False Statements. Any warranty, representation or statement made or fumished to Lender by Borrower or on Borrower's behalf under this Note or the related documents is false or misleading in any material respect, either now or at the time made or lumished or becomes false or misleading at any time thereafter. Death or Insolvency. The death of Borrower or the dissolution or termination of Borrower's existence as a going business, the Insolvency of Borrower, the appointment of a receiver for any part of Borrowers property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of any proceeding under any bankruptcy or Insolvency laws by or against Borrower. 4 - - Creditor or Forlelture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Borrower or by any govemmental agency against any collateral securing the loan, This Includes a garnishment of any of Borrower's accounts, Including deposit accounts, with Lender. However, this Event of Default shall not apply if there is a good faith dispute by Borrower as to the validity or reasonableness of the claim which Is the basis of the creditor of forfeiture proceeding and If Borrower gives Lender written notice of the creditor or forfeiture proceeding and deposits With Lender monlis or a surety bond for the creditor or forfeiture proceeding, In an amount determined by Lender, in M sole discretion, as being an adequate reserve of bond for the dispute. Events Affecting 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. Adverse Change. A material adverse change occurs in Borrower's financial condition, or Lender believes the prospect of payment or performance of this Note is Impaired. Insecurity. Lender in good faith believes itself insecure. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the entire unpaid principal balance EXHIBIT i i PROMISSORY NOTE Loan No: 500041884 (Continued) Page 2 under this Note and all accrued unpaid interest immediately due, and then Borrower will pay that amount ATTORNEYS' FEES; EXPENSES. Lender may hire or pay someone else to help collect this Note if Borrower does not pay. Borrower will pay Lender that amount, This Includes, subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, 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. If not prohibited by applicable law, Borrower also will pay any court costs, In addition to all other sums provided by law. I JURY WAIVER. Lender and Borrower hereby waive the right to any jury trial in any action, proceeding, or counterclaim brought by either i Lender or Borrower against the other. GOVERNING LAW. This Note will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the laws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Note has been accepted by Lender In the Commonwealth of Pennsylvania. CHOICE OF VENUE. N there Is a lawsuit, Borrower agrees upon Lender's request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. RIGHT OF SETOFF. To the extent permitted by applicable law, Lender reserves a right of setoff in all Borrowers accounts with Lender (whether checking, savings, or some other account). This Includes all accounts Borrower holds jointly with someone else and all accounts Borrower 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. Borrower authorizes Lender, to the extent permitted by applicable law, to charge or setoff all sums owing on the indebtedness against any and all such accounts, and, at Lender's option, to administratively freeze all such accounts to allow Lender to protect Lender's charge and setoff rights provided in this paragraph, COLLATERAL Borrower acknowledges this Note Is secured by the following collateral described in the security Instruments listed herein: (A) a Mortgage dated August 15, 2007, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. (B) an Assignment of All Rents to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania. REFERENCE GUIDANCE LINE OF CREDIT. This Note is considered an advance under the Guidance Line of Credit, dated April 25, 2007, In an aggregate amount of $300,000.00, and Is subject to the terms, conditions and collateral taken thereunder. SUCCESSOR INTERESTS, The terms of this Note shall be binding upon Borrower, and upon Borrower's 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 CONSUMER REPORTING AGENCIES. Please notify us 'rf 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 following address: Mid Penn Bank, Allentown Boulevard, 5500 Allentown Boulevard, Harrisburg, PA 17112. 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. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, and notice of dishonor. Upon any change In the terms of this 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 liability. All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan or release any party or guarantor or collateral; or Impair, fail to realize upon or perfect lender's security Interest In the collateral; and take any other action deemed necessary by Lender without the consent of or notice to anyone. AD 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. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. BORROWER HEREBY IRREVOCABLY AUTHORIZES AND EMPOWERS ANY ATTORNEY OR THE PROTHONOTARY OR CLERK OF ANY COURT IN THE COMMONWEALTH OF PENNSYLVANIA, OR ELSEWHERE, TO APPEAR AT ANY TiME FOR BORROWER AFTER A DEFAULT UNDER THIS NOTE AND WiTH OR WITHOUT COMPLAINT FILED, CONFESS OR ENTER JUDGMENT AGAINST BORROWER FOR THE ENTIRE PRINCIPAL BALANCE OF THIS NOTE AND ALL ACCRUED INTEREST, LATE CHARGES AND ANY AND ALL AMOUNTS EXPENDED OR ADVANCED BY LENDER RELATING TO ANY COLLATERAL SECURING THiS NOTE, TOGETHER WITH COSTS OF SUIT, AND AN ATTORNEYS COMMISSION OF TEN PERCENT (10 %) OF THE UNPAID PRINCIPAL BALANCE AND ACCRUED INTEREST FOR COLLECTION, BUT iN ANY EVENT NOT LESS THAN FiVE HUNDRED DOLLARS ($500) ON WHICH JUDGMENT OR JUDGMENTS ONE OR MORE EXECUTIONS MAY ISSUE IMMEDIATELY; AND FOR SO DOING, THIS NOTE OR A COPY OF THIS NOTE VERIFIED BY AFFIDAVIT SHALL BE SUFFICIENT WARRANT. THE AUTHORITY GRANTED iN THIS NOTE TO CONFESS JUDGMENT AGAINST BORROWER SHALL NOT BE EXHAUSTED BY ANY EXERCiSE OF THAT AUTHORITY, BUT SHALL CONTINUE FROM TIME TO TIME AND AT ALL TIMES UNTIL PAYMENT iN FULL OF ALL AMOUNTS DUE UNDER THIS NOTE. BORROWER HEREBY WAIVES ANY RIGHT BORROWER MAY HAVE TO NOTICE OR TO A HEARING IN CONNECTION WITH ANY SUCH CONFESSION OF JUDGMENT AND STATES THAT EITHER A REPRESENTATIVE OF LENDER SPECIFICALLY CALLED THIS CONFESSION OF JUDGMENT PROVISION TO BORROWER'S ATTENTION OR BORROWER HAS BEEN REPRESENTED BY INDEPENDENT LEGAL COUNSEL- PRIOR TO SIGNING THIS NOTE, BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE. BORROWER AGREES TO THE TERMS OF THE NOTE. BORROWER ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THIS PROMISSORY NOTE. THIS NOTE IS GIVEN UNDER SEAL AND iT IS INTENDED THAT THiS NOTE 1S AND SHALL CONS TRUI AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW, BORROWER: Harold F. Dumals VS K40 l..*.p, V . [S. m.OPt Cam. Ww>'asw Paw k 1�, 3W7. N Ryr Hrw'I. - PA PC3Wt1 Wn IiF MWWMi 353 (3 Parcel Identification Number: 09 - 14-0832 -235 RECORDATION REQUESTED BY: Mid Penn Bank Allentown Boulevard 5500 Allentown Boulevard Harrisburg, PA 17112 WHEN RECORDED MAIL TO: Mid Penn Bank Allentown Boulevard 5500 Allentown Boulevard Harrisburg, PA 17112 FOR RECORDER'S USE ONLY OPEN - END MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES THIS IS A PURCHASE MONEY MORTGAGE MAXIMUM LiEN. The unpaid principal balance of advances exclusive of Interest and unpaid balances of advances and other extensions of credit, secured by the Mortgage made for the payment of taxes, assessments, maintenance charges, insurance premiums and costs Incurred for the protection of the mortgaged premises shall not exceed at any one time $65,000.00. Amount Secured Hereby: $65,000.00 THiS MORTGAGE dated August 15, 2007, Is made and executed between Harold F. Dumais , whose address is 19 Hamlet Street, Pascoag, Rl 02859 (referred to below as "Grantor ") and Mid Penn Bank, whose address Is 5500 Allentown Boulevard, Harrisburg, PA 17112 (referred ' to below as "Lender "). GRANT OF MORTGAGE For valuable consideration, Grantor grants, bargains, sells, conveys, assigns, transfers, releases, confirms and mortgages to Lender all of Grantor's right, title, and Interest in and to the following described real property, together with all existing or subsequently erected or affaed buildings, improvements and fixtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances thereunto belonging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; ail water, water rights, watercourses and ditch rights (including stock In utilities with ditch or Irrigation rights); and all other rights, royalties, and profits relating to the real property Includin without limitation all minerals, oil, gas, g eothermal and similar matters, (the Real Property") located In Cumberland County, Commonwealth of Pennsylvania: See Exhibit "A "; which Is attached to this Mortgage and made a part of this Mortgage as if fully set forth herein. The Real Property or Its address Is commonly known as 114 North Enola Drive, Enola, PA i 17025. The Real Property parcel Identification number Is 09- 140832 -235. Grantor presently assigns to Lender all of Grantor's right, title, and interest In and to all present and future leases of the Property and all Rents from the Property, to addition, Grantor grants to Lender a Uniform Commercial Code security Interest in the Personal Property and Rents. THIS MORTGAGE, INCLUDING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAL PROPERTY, IS GIVEN TO SECURE (A) PAYMENT OF THE INDEBTEDNESS AND (B) PERFORMANCE OF ANY AND ALL OBUGA71ONS UNDER THE NOTE IN THE ORIGINAL PRINCIPAL AMOUNT OF $65,000.00, THE RELATED DOCUMENTS, AND THIS MORTGAGE. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PURCHASE MONEY MORTGAGE. If any of the debt secured by this Mortgage is lent to Grantor to acquire title to the Real EXHIBIT MORTGAGE (Continued) Page 2 Property, this Mortgage shall be a purchase money mortgage under 42 P.S. Section 8141. PAYMENT AND PERFORMANCE Except as otherwise provided In this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due and shall strictly perform all of Grantor's obligations 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 following provisions: Possession and Use. Until the occurrence of an Event of Default, Grantor may (1) remain In possession and control of the Property; (2) use, operate or manage the Property; and (3) collect the Rents from the Property. Duty to Maintain. Grantor shall maintain the Property in tenantable condition and promptly perform all repairs, replacements, and maintenance necessary to preserve its value. Compliance With Environmental Laws. Grantor represents and warrants to Lender that: (1) 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; (2) Grantor has no knowledge of, or reason to believe that there has been, except as previously disclosed to and acknowledged by Lender in writing, (a) any breach or violation of any Environmental Laws, (b) any use, generation, manufacture, storage, treatment, disposal, release or threatened release of any Hazardous Substance on, under, about or from the Property by any prior owners or occupants of the Property, or (c) any actual or threatened litigation or claims of any kind by any person relating to such matters; and (3) Except as previously disclosed to and acknowledged by Lender in writing, (a) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, 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 local laws, regulations and ordinances, including without limitation all 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 made by Lender shall be for Lender's purposes only and shall not be construed to create any responsibility or liability on the part of Lender to Grantor or to any other person. The representations and warranties contained herein are based on Grantor's due diligence in investigating the Property for Hazardous Substances. Grantor hereby (1) releases and waives any future claims against Lender for Indemnity or contribution In the event Grantor becomes liable for cleanup or other costs under any such taws; and (2) agrees to indemnify, defend, and hold harmless Lender against any and all claims, losses, liabilities, damages, penalties, and expenses which Lender may directly or indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occurring prior to Grantors ownership or interest In the Property, whether or not the same was or should have been known to Grantor. The provisions of this section of the Mortgage, Including the obligation to indemnify and defend, shall survive the payment of the indebtedness and the satisfaction and reconveyance of the lien of this Mortgage and shall not be affected by Lenders acquisition of any interest in the Property, whether by foreclosure or otherwise. Nuisance, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Without limiting the generality of the foregoing, Grantor will not remove, or grant to any other party the right to remove, any timber, minerals (including oil and gas), coal, clay, scoria, soil, gravel or rock products without Lenders prior written consent. Removal of improvements. Grantor shall not demolish or remove any Improvements from the Real Property without Lenders prior written consent As a condition to the removal of any Improvements, Lender may require Grantor to make arrangements satisfactory to Lender to replace such Improvements with Improvements of at least equal value. Lender's Right to Enter. Lender and Lenders agents and representatives may enter upon the Real Property at all reasonable times to attend to Lenders interests and to Inspect the Real Property for purposes of Grantors compliance with the terms and conditions of this Mortgage. Compliance with Governmental Requirements. Grantor shall promptly comply with all laws, ordinances, and regulations, now or hereafter in effect, of all governmental authorities applicable to the use or occupancy of the Property, including without limitation, the Americans With DisabliMes Act Grantor may contest in good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender in writing prior to doing so and so long as, in Lenders sole opinion, Lenders interests in the Property are not Jeopardized. Lender may require Grantor to post adequate security or a surety bond, reasonably satisfactory to Lender, to protect Lenders interest. Duty to Protect. Grantor agrees neither to abandon or leave unattended the Property. 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 are reasonably necessary to protect and preserve the Property. DUE ON SALE - CONSENT BY LENDER. Lender may, at Lenders option, declare immediately due and payable all sums secured by this Mortgage upon the sale or transfer, without Lenders prior written consent, of all or any part of the Real MORTGAGE (Continued) Page 3 Property, or any Interest In the Real Property. A 'sale or transfer' means the conveyance of Real Property or any right, title or interest in the Real Property; whether legal, beneficial or equitable; whether voluntary or involuntary, whether by outright sale, deed, installment sale contract, land contract, contract for deed, leasehold interest with a term greater than three (3) years, lease - option contract, or by sale, assignment, or transfer of any beneficial Interest In or to any land trust holding title to the Real Property, or by any other method of conveyance of an interest in the Real Property. However, this option shall not be exercised by Lender H such exercise is prohibited by federal law or by Pennsylvania law. TAXES AND LENS. The following provisions relating to the taxes and dens on the Property are part of this Mortgage: Payment. Grantor shall pay when due (and in all events prior to delinquency) all taxes, payroll taxes, special taxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pay when due all claims for work done on or for services rendered or material furnished to the Property. Grantor shall maintain the Property free of any liens having priority over or equal to the interest of Lender under this Mortgage, except for 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, or claim In connection with a good faith dispute over the obligation to pay, so long as Lender's Interest In the Property is not jeopardized If a lien arises or Is filed as a result of nonpayment. Grantor shall within fifteen (15) days after the lien arises or, 8 a Gen is filed, within fifteen (15) days after Grantor has notice of the firing, secure the discharge of the lien, or it 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 shah name Lender as an additional obligee under any surety bond furnished 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. Notice of Construction. Grantor shall notify Lender at least fifteen (15) days before any work Is commenced, any services are furnished, or any materials are supplied to the Property, if arty mechanic's lien, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Grantor will upon request of Lender furnish to Lender advance assurances satisfactory to Lander that Grantor can and will pay the cost of such improvements. PROPERTY DAMAGE INSURANCE. The following provisions relating to Insuring the Property are a part of this Mortgage: Maintenance of Insurance. Grantor shall procure and maintain policies of fire insurance with standard extended coverage endorsements on a replacement basis for the full Insurable value covering all Improvements on the Real Property in an amount sufficient to avoid application of any coinsurance clause, and with a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability insurance in such coverage amounts as Lender may request with Lender being named as additional insureds in such liability insurance policies. Additionally, Grantor shag maintain such other Insurance, Including but not limited to hazard, business Interruption and boiler Insurance as under may require. Policies shall be written by such insurance companies and in such form as may be reasonably acceptable to under. Grantor shall deliver to Lender certificates of coverage from each Insurer containing a stipulation that coverage will not be cancelled or diminished without a minimum of ten (10) days' prior written notice to Lender and not containing any disclaimer of the insurer's liability for failure to give such notice. Each Insurance policy also shalt include an endorsement providing that coverage In favor of Lender will not be impaired in any way by any act, omission or default of Grantor or any other person. Should the Real Property be located In an area designated by the Director of the Federal Emergency Management Agency as a special flood hazard area, Grantor agrees to obtain and maintain Federal Food Insurance, ff available, within 45 days after notice is given by Lender that the Property is located In a special flood hazard area, for the full unpaid principal balance of the loan and any prior liens on the property securing the ban, 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. Application of Proceeds. Grantor shall promptly notify Lender of any loss or damage to the Property. Lender may make proof of loss if Grantor fails to do so within fifteen (15) days of the casualty. Whether or not Lenders 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. If 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 reasonable cost of repair or restoration if Grantor is not in default under this Mortgage: Any proceeds which have not been disbursed within 180 days after their receipt and which gender has not committed to the repair or restoration of the Property shall be used first to pay any amount owing to Lender under this Mortgage, then to pay accrued interest, and the remainder, it any, shall be applied to the principal balance of the Indebtedness. If Lender holds any proceeds after payment in full of the Indebtedness, such proceeds shall be paid to Grantor as Grantors Interests may appear. MORTGAGE (Continued) Page 4 LENDER'S EXPENDITURES. If any action or proceeding is commenced that would materially affect Lenders interest In the Property or if Grantor fails to comply with any provision of this Mortgage or any Related Documents, Including but not limited to Grantors tailure to discharge or pay when due any amounts Grantor is required to discharge or pay under this Mortgage or any Related Documents, Lender on Grantor's behalf may (but shall not be obligated to) take any action that Lender deems appropriate, including but not limited to discharging or paying all taxes, liens, security Interests, encumbrances and other claims, at any time levied or placed on the Property and paying all costs for Insuring, maintaining and preserving the Property. All such expenditures Incurred or paid by Lender for such purposes will then bear interest at the rate charged under the Note from the date incurred or paid by Lender to the date of repayment by Grantor. All such expenses will become a part of the Indebtedness and, at Lenders option, will (A) be payable on demand; (B) be added to the balance of the Note and be apportioned among and be payable with any Installment payments to become due during either (1) the term of any applicable insurance policy; or (2) the remaining term of the Note; or (C) be treated as a balloon payment which will be due and payable at the Note's maturity. The Mortgage also will secure payment of these amounts. Such right shall be in addition to all other rights and remedies to which Lender may be entitled upon Default. Grantor's obligation to Lender for all such expenses shall survive the entry of any mortgage foreclosure judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relating to ownership of the Property are a part of this I Mortgage: i Title. Grantor warrants that (a) Grantor holds good and marketable tide of record to the Property in fee simple, free i and dear of all hens and encumbrances other than those set forth in the Real Property description or In any title insurance policy, title report, or final title opinion Issued in favor of, and accepted by, Lender in connection with this Mortgage, and (b) Grantor has the full right, power, and authority to execute and deliver this Mortgage to Lender. Defense of Title. 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 persons. in the event any action or proceeding is commenced that questions Grantors title or the interest of Lender under this Mortgage, Grantor shall defend the action at Grantors expense. 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 proceeding by counsel of Lenders 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. Compliance Wfth Laws. Grantor warrants that the Property and Grantors use of the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. Survival of Representat tons and Warranties. All representations, warranties, and agreements made by Grantor in this Mortgage shall survive the execution and delivery of this Mortgage, shalt be continuing in nature, and shall remain in full force and effect until such time as Grantors Indebtedness shall be paid In full. CONDEMNATION. The following provisions relating to condemnation proceedings are a part of this Mortgage: Proceedings. If any proceeding in condemnation is filed, Grantor shall promptly notify Lender in writing, and Grantor shall promptly take such steps as may be necessary to defend 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 proceeding by counsel of its own choice, and Grantor will deliver or cause to be delivered to Lender such Instruments and documentation as may be requested by Lender from time to time to permit such participation. Application of Net Proceods. If all or any part of the Property Is condemned by eminent domain proceedings or by any proceeding or purchase In lieu of condemnation, lender may at its election require that all or any portion of the net proceeds of the award be applied to the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award after payment of all actual costs, expenses, and attomeys' fees 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: Current Taxes, Fees and Charges. Upon request by Lender, Grantor shall execute such documents in addition to this Mortgage and take whatever other action is requested by Lender to perfect and continue Lenders lien on the Real Property. Grantor shall reimburse Lender for all taxes, as described below, together with all expenses incurred In recording, perfecting or continuing this Mortgage, including without IimitaUon all taxes, fees, documentary stamps, and other charges for recording or registering this Mortgage. Taxes. The following shall constitute taxes to which this section applies: (1) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (2) a specific tax on Grantor which Grantor is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (3) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (4) a specific tax on all or any portion of the Indebtedness or on payments of principal and interest made by Grantor. Subsequent Taxes. If any tax to which this section applies Is enacted subsequent to the date of this Mortgage, this event shall have the same effect as an Event of Defauft, and Lender may exercise any or all of its available remedies for an Event of Default as provided below unless Grantor either (1) pays the tax before it becomes delinquent, or (2) MORTGAGE (Continued) Page 5 contests the tax as provided above In the Taxes and Liens section and deposits with bander 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 Rents and Personal Property. In addition to recording this Mortgage in the real property records. Lander may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproductions of this Mortgage as a financing statement. Grantor shall reimburse 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 reasonably convenient to Grantor and Lender and make It available to Lender within three (3) days after receipt of written demand from Lender to the extent permitted by applicable law. Addresses. The mailing addresses of Grantor (debtor) and Lender (secured party) from which Information concerning the security Interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code) are as stated on the first page of this Mortgage. FURTHER ASSURANCES; ADDMONAL AUTHORIZATIONS. The following provisions relating to further assurances and additional authorizations are a part of this Mortgage: Further Assurances. At any time, and from time to time, upon request of Lender, Grantor will make, execute and deliver, or will cause to be made, executed or delivered, to Lender or to lenders designee, and when requested by Lender, cause to be fled, recorded, refiled, or rerecorded, as the case may be, at such tunes and in such offices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing statements, continuation statements, Instruments of further assurance, certificates, and other documents as may, in the sole opinion of Lender, be necessary or desirable in order to effectuate, complete, perfect, continue, or preserve (1) Grantor's obligations under the Note, this Mortgage, and the Related Documents, and (2) the liens and security interests created by this Mortgage as first and prior liens on the Property, whether now owned or hereafter acquired by Grantor. Unless prohibited by law or Lender agrees to the contrary In writing, Grantor shall reimburse Lender for all costs and expenses Incurred In connection with the matters referred to in this paragraph. Addhlonat Authorizations. If Grantor fails to do any of the things referred to in the preceding paragraph, Lender may do so for and it the name of Grantor and at Grantors expense. For such purposes, Grantor hereby irrevocably authorizes Lender to make, execute, deliver, fie, record and do all other things as may be necessary or desirable, in Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph, it is understood that nothing set forth herein shall require Lender to take any such actions. FULL PERFORMANCE. if 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 financing statement on file evidencing lenders 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. Each of the following, at Lenders option, shall constitute an Event of Default under this Mortgage: Payment Default. Grantor tails to make any payment when due under the Indebtedness. Default on Other Payments. Failure of Grantor within the time required by this Mortgage to make any payment for taxes or insurance, or any other payment necessary to prevent Ming of or to effect discharge of any lien. Other Defaults. Grantor tails to comply with or to perform any other term, obligation, covenant or condition contained in this Mortgage or In any of the Related Documents or to comply with or to perform any term, obligation, covenant or condition contained in any other agreement between Lender and Grantor. False Statements. Any warranty, representation or statement made or furnished to Lender by Grantor or on Grantors 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 or becomes iaise or misleading at any time thereafter. Defective Collateralizatlon, This Mortgage or any of the Related Documents ceases to be in full force and effect (Including failure of any collateral document to create a valid and perfected security Interest or lien) 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 Grantors property, any assignment for the benefit of creditors, any type of creditor workout, or the commencement of MORTGAGE (Continued) Page 6 any proceeding under any bankruptcy or Insolvency laws by or against Grantor. Creditor or Forfeiture Proceedings. Commencement of foreclosure or forfeiture proceedings, whether by judicial proceeding, self-help, repossession or any other method, by any creditor of Grantor or by any governmental agency against any property securing the Indebtedness. This includes a garnishment of any of Grantors accounts, including deposit accounts, with Lender. However, this Event of Default shall not apply it there is a good faith dispute by Grantor as to the validity or reasonableness of the claim which is the basis of the creditor or forfetiure proceeding and N Grantor gives Lender written notice of the creditor or forfeiture proceeding and deposits with Lender monies or a surety bond for the creditor or forfeiture proceeding, in an amount determined by Lender, In Its sole dlscretlon, as being an adequate reserve or bond for the dispute, Breach of Other Agreement. Any breach by Grantor under 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 tender, whether existing now or later. Events Affecting 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. Adverse Change. A material adverse change occurs in Grantor's financial condition, or Lender believes the prospect of payment or performance of the Indebtedness is impaired. Insecurity. Lender in good faith believes itself Insecure. RIGHTS AND REMEDIES ON DEFAULT. Upon the occurrence of an Event of Default and at any time thereafter, Lender, at Lender's option, may exercise any one or more of the following rights and remedies, In addition to any other rights or remedies provided by taw: 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 and payable. UCC Remedies. 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. Coiled Rents. Lender shall have the right, without notice to Grantor, to take possession of the Property and collect the Rents, including amounts past due and unpaid, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may require any tenant or other user of the Property to make payments of rent or use fees directly to Lender. 11 the Rents are collected by Lender, then Grantor irrevocably authorizes Lender 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 made, whether or not any proper grounds for the demand existed. Lender may exercise Its rights under this subparagraph either In person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession of all or any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect the Rents from the Property and apply the proceeds, over and above the cost of the receivership, 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 the apparent value of the Property exceeds the Indebtedness by a substantial amount Employment by Lender shall not disqualify a person from serving as a receiver. Judicial Foreclosure. Lender may obtain a judicial decree foreclosing Grantor's interest in all or any part of the Property, Possession of the Property. For the purpose of procuring possession of the Property, Grantor hereby authorizes and i empowers any attorney of any court of record in the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering in any competent court an j amicable action in ejectment for possession of the Property and to appear for and confess judgment against Grantor, and against all persons claiming under or through Grantor, for the recovery by Lender of possession of the Property, without any stay of execution, for which this Mortgage, or a copy of this Mortgage verified by affidavit, shall be a sufficient warrant; and thereupon a writ of possession may be issued forthwith, without any prior writ or proceeding whatsoever. Nonjudlcial Safe. If permitted by applicable law, Lender may foreclose Grantor's interest in all or in any part of the Personal Property or the Real Property by non-judicial sale. Deficiency Judgment. Lender may obtain a judgment for any deficiency remaining in the Indebtedness due to Lender ' after application of all amounts received from the exercise of the rights provided In this section. Tenancy at Sufferance. it 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 MORTGAGE (Continued) Page 7 tenant at sufferance of Lender or the purchaser of the Property and shall, at Lender's option, either (1) pay a reasonable rental for the use of the Property, or (2) vacate the Property immediately upon the demand of under. Other Remedies. Lender shall have all other rights and remedies provided in this Mortgage or the Note or available at law or in equity. Sale of the Property. To the 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 free to sell all or any part of the Property together or separately, in one sale or by separate sales. Lender shall be entitled to bid at any public sale on all or any portion of the Property. Notice of Sale. Lender shat give Grantor reasonable notice of the time and 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 (10) days before the time of the sale or disposition. Any sale of the Personal Property may be made In conjunction with any sale of the Real Property. Election of Remedies. Election by Lender to pursue any remedy shall not exclude pursuit of any other remedy, and an election to make expenditures or to take action to perform an obligation of Grantor under this Mortgage, after Grantor's failure to perform, shall not affect Lenders right to declare a default and exercise its remedies. Nothing under this Mortgage or otherwise shall be construed so as to limit or restrict the rights and remedies available to Lender following an Event of Default, or in any way to limit or restrict the rights and ability of Lender to proceed directly against Grantor and/or against any other co-maker, guarantor, surety or endorser and/or to proceed against any other collateral directly or indirectly securing the Indebtedness. Attorneys' Fees; Expenses. If Lender Institutes any suit or action to enforce any of the terms of this Mortgage, Lender shall be entitled to recover such sum as the court may adjudge reasonable as attorneys' fees at trial and upon any appeal. Whether or not any court action Is Involved, and to the extent not prohibited by law, all reasonable expenses Lender incurs that in Lender's opinion are necessary at any time for the protection of its interest or the enforcement of its rights shall become a pan of the Indebtedness payable on demand and shall bear Interest at the Note rate from the date of the expenditure until repaid. Expenses covered by this paragraph include, without limitation, however subject to any limits under applicable law, Lender's attorneys' fees and Lender's legal expenses, whether or not there is a lawsuit, Including attorneys' fees and expenses for bankruptcy proceedings (including efforts to modify or vacate any automatic stay or injunction), appeals, and any anticipated post- judgment collection services, the cost of searching records, obtaining title reports (including foreclosure reports), surveyors' reports, and appraisal fees and title insurance, to the extent permitted by applicable law. Grantor also will pay any court costs, in addition to all other sums provided by law. NOTICES. Unless otherwise provided by applicable taw, any notice required to be given under this Mortgage shall be given in writing, and shall be effective when actually delivered, when actually received by teletacsimile (unless otherwise required by law), when deposited with a nationally recognized overnight courier, or, If mailed, when deposited In the United States mall, as first class, certified or registered mail postage prepaid, directed to the addresses shown near the beginning of this Mortgage. Ali copies of notices of foreclosure from the holder of any lien which has priority over this Mortgage and notices pursuant to 42 Pa. C.S.A. Section 8143, et, seq., shall be sent to Lender's address, as shown near the beginning of this Mortgage. Any party may change its address for notices under this Mortgage by giving formal written notice to the other parties, specifying that the purpose of the notice is to change the party's address. For notice purposes. Grantor agrees to keep Lender informed at all times of Grantors current address. Unless otherwise provided by applicable law, if there is more than one Grantor, any notice given by Lender to any Grantor Is deemed to be notice given to all Grantors. MISCELLANEOUS PROVISIONS. The following miscellaneous provisions are a part of this Mortgage: Amendments. This Mortgage, together with any Related Documents, constitutes the entire understanding and agreement of the parties as to the matters set forth in this Mortgage. No alteration of or amendment to this Mortgage shall be effective unless given In writing and signed by the party or parties sought to be charged or bound by the alteration or amendment. Annual Reports. if the Property is used for purposes other than Grantor's residence, Grantor shall furnish to Lender, upon request, a certified statement of net operating income received from the Property during Grantors previous fiscal year in such form and detail as Lender shall require. 'Net operating income' shall mean all cash receipts from the Property less all cash expenditures made in connection with the operation of the Property. Caption Headings. Caption headings In this Mortgage are for convenience purposes only and are not to be used to Interpret or define the provisions of this Mortgage. Governing taw. This Mortgage will be governed by federal law applicable to Lender and, to the extent not preempted by federal law, the taws of the Commonwealth of Pennsylvania without regard to Its conflicts of law provisions. This Mortgage has been accepted by Lender In the Commonwealth of Pennsylvania. Choice of Venue. If there is a lawsuit. Grantor agrees upon Lenders request to submit to the jurisdiction of the courts of Dauphin County, Commonwealth of Pennsylvania. MORTGAGE (Continued) Page 8 No Waiver by Lender. Lender shall not be deemed to have waived any rights under this Mortgage unless such waiver is given In writing and signed by Lender. No delay or omission on the part of Lender in exercising any right shall operate as a waiver of such right or any other right A waiver by Lender of a provision of this Mortgage shall not prejudice or constitute a waiver of Lander's right otherwise to demand strict compliance with that provision or any other provision of this Mortgage. No prior waiver by Lender, nor any course of dealing between Lender and Grantor, shall constitute a waiver of any of Lender's rights or of any of Grantor's obligations as to any future transactions. Whenever the consent of Lender Is required under this Mortgage, the granting of such consent by Lender in any instance shall not constitute continuing consent to subsequent Instances where such consent is required and In all cases such consent may be granted or withheld in the sole discretion of Lender. Severabifity. If a court of competent jurisdiction finds any provision of this Mortgage to be illegal, invalid, or unenforceable as to any circumstance, that finding shall not make the offending provision illegal, Invalid, or unenforceable as to any other circumstance. If feasible, the offending provision shag be considered modified so that it becomes legal, valid and enforceable. If the offending provision cannot be so modified, it shag be considered deleted from this Mortgage. Unless otherwise required by law, the illegality, Invalidity, or unenforceability of any provision of this Mortgage shall not affect the legality, validity or enforceability of any other provision of this Mortgage. Merger. There 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 under. Successor Interests. The terms of this Mortgage shall be binding upon Grantor, and upon Grantor's heirs, personal representatives, successors, and assigns, and shall be enforceable by Lender and its successors and assigns. Time Is of the Essence. Time is of the essence in the performance of this Mortgage. Waive Jury. All parties to this Mortgage hereby Waive the right to any jury trial In any action, proceeding, or counterclaim brought by any party against any other party. DEFINITIONS. The following capitalized words and terms shall have the following meanings when used in this Mortgage. Unless specifically stated to the contrary, all references to dollar amounts shall mean amounts In lawful money of the United States of America. Words and terns used In the singular shall Include the plural, and the plural shall include the singular, as the context may require. Words and terms not otherwise defined in this Mortgage shall have the meanings attributed to such terms in the Uniform Commercial Code: Borrower. The word 'Borrower' means Harold F. Dumais and includes all co-signers and co- makers signing the Note and all their successors and assigns. Default. The word'Defautt' means the Defauft set forth in this Mortgage in the section titled'Defauft'. Environmental Laws. The words 'Environmental Laws' mean any and all state, federal and focal statutes, regulations and ordinances relating to the protection of human health or the environment, Including without limitation the Comprehensive Environmental Response, Compensation, and liability Act of 1980, as amended, 42 U.S.C. Section 9601, at seq. ('CERCLA'), the Superfund Amendments and Reauthorization Act of 1986, Pub. L No. 99-499 ('SARA'), the Hazardous Materials Transportation Act, 49 U.S.C. Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C. Section 6901, et seq., or other applicable state or federal laws, rules, or regulations adopted pursuant thereto. Event of Default The words 'Event of Default' mean any of the events of default set forth in this Mortgage in the events of defauft section of this Mortgage. Grantor. The word 'Grantor' means Harold F. Dumais . Guaranty. The word 'Guaranty' means the guaranty from guarantor, endorser, surety, or accommodation party to Lander, including without limitation a guaranty of all or part of the Note. Hazardous Substances. The words 'Hazardous Substances' mean materials that, because of their quantity, concentration or physical, chemical or Infectious characteristics, may cause or pose a present or potential hazard to human health or the environment when Improperly used, treated, stored, disposed of, generated, manufactured, transported or otherwise handled. The words 'Hazardous Substances' are used in their very broadest sense 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, without limitation, petroleum and petroleum by- products or any traction thereof and asbestos. Improvements. The word 'Improvements' means all existing and future Improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. 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, consolidations of and substitutions for the Note or Related Documents and any amounts expended or advanced by Lender to discharge Grantor's obfigations or expenses Incurred by Lender to enforce Grantor's obligations under this Mortgage, together with MORTGAGE (Continued) Page 9 Interest on such amounts as provided in this Mortgage. Lender. The word 'Lender' means Mid Penn Bank, its successors and assigns. Mortgage. The word 'Mortgage' means this Mortgage between Grantor and Lender. Note. The word 'Note' means the promissory note dated August 1S, 2007, in the original principal amount Ot $ 65,000.00 from Grantor to Lender, together with all renewals of, extensions of, modifications of, refinancings of, consolidations of, and substitutions for the promissory note or agreement. The maturity date of the Note Is August 1S, 2027, Personal Property. The words 'Personal Property' mean all equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attached or affixed to the Real Property; together with all accessions, parts, and additions to, all replacements of, and all substitutions for, any of such property; and together with aA proceeds (Including without limitation an Insurance proceeds and refunds of premiums) from any sale or other disposition of the Property, Property. The word 'Property' means collectively the Heal Property and the Personal Property. Real Property. The words 'Real Property' mean the real property, Interests and rights, as further described in this Mortgage. Rotated Documents. The words 'Related Documents' mean all promissory notes, credit agreements, ban 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 all present and future rents, revenues, Income. Issues, royalties, profits, and other benefits derived from the Property. GRANTOR ACKNOWLEDGES HAVING READ ALL THE PROVISIONS OF THIS MORTGAGE, AND GRANTOR AGREES TO ITS TERMS. THIS MORTGAGE IS GIVEN UNDER SEAL AND IT IS INTENDED THAT THIS MORTGAGE IS AND SHALL CONSTITUTE AND HAVE THE EFFECT OF A SEALED INSTRUMENT ACCORDING TO LAW. GRANTOR: p s ue•':': >' . Harold F. Dumas CERTIFICATE OF RESIDENCE hereby certify, that the precise address of the mortgagee, Mid Penn Bank, herein isas follows: Allentown Boulevard, 6500 Allentown Boulevard, Harrisburg, PA 17112 ) ; Attorney or Agent for Mortgagee — MORTGAGE (Continued) Page 10 INDIVIDUAL ACKNOWLEDGMENT COMMONWEALTH OF PENNSYLVANIA ) , )SS COUNTY OF ) On this, the undersigned the day oi� 20 4-2. before me Jot mt� ned Notary ublic, personally appeared Harold F. Dumals known to , rhek(iatisf� proven) to be the person whose name Is subscribed to the within instrument, and acknowledged that he or she executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and off iclat seat. ,. XOTAM SM AMES A F9ILE- "ry public Notary Public in for the State of V C "19 Born, Cbmberiand County My Omuftm Wires Aplil 30, 2009 tA4FA r O WOfO VW &. 6W 00, Cep• �w^0 RMYaM19a.MYr. YG 1 W. ]007. N RWft Fb w" - Ph PVFNYU=.FC TRIM4 F%SGWTAM CO ITMENT FOR TITLE INSURANO SCHEDULE A (Continued) Exhibit A: Legal Description j ALL THAT CERTAIN-16t piece or parcel of land situate, lying and being in the' Township of East Pennaboro, Cumberland County. Pennsylvania, bounded and described as follows: BEGINNING at a point on the easterly,line of North Enola Drive (formerly Summit Street. formerly Brick Church Road) at the northerly line of lands now or late of John S. Sitner and wife, said point being located one hundred seventy•(170) feet measuved nouthwardly along North Enola Drive from the northwest extremity of the are of curve connecting the easterly line of North Enola brive with the-northerly line of Perry Street; thence northwardly along said line North Enola Drive . twenty (20) feet, more or leag,,•to a point at the southerly line of lands now or late of Narlin Allen Jury and•vife; thence by the latter lands North seventy--nine (79) degrees forty (40) minutes East one hundred fourteen and twenty -nine one - hundred-ths (114.29) feet to a stake; line of property of Charles Milliken. being a lot fronting on Altoona Avenue. twenty (20) feet to a point; thence South,seventy- nine (79) degrees forty (40) minutes Weston a line passing through the center'of the partition wall between the dwelling located on the lot herein described and that located on the lot adjoining to the South one hundred fourteen and twenty -nine one - bundredtbs (114.29) 'feet to a place of MINNING. HAVING THEREON erected a two and one -half story frame dwelling. No. 114 North Enola Drive. For Informational purposes only: Address: 114 North Enola Drive, Enola, PA 17025 Parcel ID / Tax ID Number: 09- 14- 0832 -235 Schedule A - Page 2 of 2 - stewa' `' title guaranty company ALTA Commitment (6 -17 -06) - TMBOP & STG modifications (4 -1 -07) 8/13/2007, 11:17:44 AM ROBERT P. ZIEGLER RECORDER OF DEEDS �..+ CUMBERLAND COUNTY - 1 COURTHOUSE SQUARE CARLISLE, PA 17013 717 -240 -6370 - a Instrument Number - 200735313 Recorded On 9/11/2007 At 9:50:35 AM * Total Pages - 12 • Instrument Type - MORTGAGE Invoice Number - 4206 User ID - MSW . • Mortgagor- DUMAIS, HAROLD F • Mortgagee - MID PENN BANK • Customer- GREAT ROAD SETTLEMENT SERVICE * FEES STATE WRIT TAX $0.50 Certification Page STATE JCS /ACCESS TO $10.00 JUSTICE DO NOT DETACH RECORDING FEES — $25.50 RECORDER OF DEEDS AFFORDABLE HOUSING $11.50 This page is now part COUNTY ARCHIVES FEE $2.00 of this legal document. ROD ARCHIVES FEE $3.00 TOTAL PAID $52.50 I Certify this to be recorded in Cumberland County PA o rt ctiye ,O © o RECORDER O D 7 EDS 1750 * - Information denoted by an asterisk may change during the verification process and may not be reflected on this page. 00045E illlllllilllllllll� Illll Mid Penn Bank 5500 Allentown Boulevard J Harrisburg, PA 17112 January 30, 2013 ACT 6/91 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 EMERGENCY MORTGAGE ASSISTANCE PROGRAM ( HEMAP) may be able to help to 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 Ap_ency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of the Notice. If you have any Questions; oy u 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 AD.IUNTO 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 INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. 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. EXHIBIT Borrower Harold F. Dumais Collateral Address: 114 North Eno la Drive Enola, PA 17025 Loan account number: 500041884 Original lender: Mid Penn Bank Current Lender /Servicer: Mid Penn Bank 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 Notice. It is only necessary to schedule one face -to -face meeting. Advise your tender 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 the PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAPAPPLICATION SOONAS POSSIBLE: IF YOU HA VE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF THIS NOTICE FILEANAPPLICATION WITHPHFA WITHIN30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILYPREVENTED FROM STARTING A FORECLOSUREAGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TEMPORARYSTAY OF FORECLOSURE': YOU HA VE THE RIGHT TO FILE A HE EVEN BEYOND THESE TIME PERIODS. ALA TEAPPLICA TION WILL NOT PREVENT THE LENDER FROM STARTING A FORECLOSUREACTION, BUT IF YOUR APPLICATION IS EVENTUALLYAPPROVED AT ANYTIME BEFORE SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. 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 INFORMATION 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 da te). NATURE OF THE DEFAULT: The MORTGAGE debt held by the above lender in relation to your property located at 114 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025 ( "Real Property ") is seriously in default because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS. The following months are now past due: December, 2012: $ 538.22 January, 2013: $ 538.22 Late Charges: $ 107.64 Attorney Fees /costs: $ 50.00 Other Charges: $ 0.00 Total Amount Due as of 1/30/2013 $1,184.08 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 $1,184.08 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: Mid Penn Bank 5500 Allentown Boulevard Harrisburg, PA 17112 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 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 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 up to one hour before the Sheriffs Sale. You may do so by paying the total amount then past 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 in writing by the lender and by performing 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. 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 six months from the date of this Notice. A notice of the actual date of the Sheriffs 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: Mid Penn Bank Address: 5500 Allentown Boulevard Harrisburg, PA 17112 Phone Number: (717) 920 -3579 Fax Number: (717) 920 -9599 Contact Person: Amy M. Custer EFFECT OF SHERIFF'S SALE: You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your 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: You may or — X — may not 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. CONSUMER CREDIT COUNSELING AGENCIES Adams County Berks County - Continued Adams County Interfaith PA Interfaith Community Housing Authority Programs Inc. (717) 334 -1518 (610) 562 -2288 American Red Cross - Schuylkill Community Hanover Chapter Action (717) 637 -3768 (570) 622 -1995 CCCS of Western PA (888) 511 -2227 Cumberland County Maranatha CCCS of Western PA (717) 762 -3285 (888) 511 -2227 Community Action Commission of Capital Opportunity Inc. Region (717) 424 -3645 (717) 232 -9757 Maranatha Berks County (717) 762 -3285 American Credit Counseling PA Interfaith Community Institute Programs Inc. (888) 212 -6741 (717) 334 -1518 American Financial Counseling Services Inc. PHFA (267) 228-7903 (717) 780 -3940 (800) 490 -3039 (800) 342 -2397 Budget Counseling Center (610) 375 -7866 Dauphin County CCCS of Lehigh Valley (610) 821 -4011 CCCS of Western PA (800) 837 -9815 (888) 511 -2227 Community Action Community Action Commission of Capital Committee Region (610) 691 -5620 (717) 232 -9757 Neighborhood Housing PHFA Services of Reading (717) 780 -3940 (610) 372 -8433 (800) 342 -2397 Franklin Countv Lebanon County Adams County Interfaith Schuylkill Community Housing Authority Action (717) 334 -1518 (570) 622 -1995 Tabor Community Service, American Red Cross - Inc Hanover (717) 397 -5182 Chapter (800) 788 -5062 (717)637-3768 (888) 511 -2227 CCCS of Western PA (888) 511 -2227 York County Community Action Commission of Capital Adams County Interfaith Region Housing Authority (717) 232 -9757 (717) 334 -1518 American Red Cross - Hanover Maranatha Chapter (717) 762 -3285 (717) 637 -3768 Base, Inc Lancaster County (717) 392 -5467 American Credit Counseling Institute CCCS of Western PA (888) 212 -6741 (888) 511 -2227 Housing Alliance of York Base, Inc (717) 854 -1541 (717) 392 -5467 (800) 788 -5062 CCCS of Lehigh Valley (610) 821 -4011 (800) 837 -9815 CCCS of Western PA (888) 511 -2227 t 1 ?..- za+sr.�' acfn� • j .p "'.M' ?... � ' r) - ' - ,. � far:;; ' to ru Ir � %orliiled Feu � C3 G', — Postmaark, M Return ,gerelpt Fee O ( EEndorsement Required) — Idoro O RestrictedDellver u Fee T11;1n Fnuur. ^ >emwr, �leqirad) I . —_ •_.._ 0 Total Posiaga 8, Fees ru Sont To ra �treaf, il�it Jvo:; � . - -• 0 or PO Box rVo, t ' Q CRy, State, ZIP+4 ! ' . ,r- :, ., afff.ME Tl a CO . a. a e Ci] M Imp = ru Ir Postage $ r%- Certified Fee C 'l` • ,, _; Postmark ` ), C3 Return Recelpt Fee Flero, .,, (Endorsoment Required) O Restricted Delivery Fee (Endorsement Required) ED r.:u Qt /Ili ?II'f u Er tti Total Postage & Fees L � ; 1* ru Sen 4� j . ....... �( l' ) t f' Y t f . S`lioef, Ap. No ! !I - --•- arPOBoxNo. 11 L,'( <. �.� (l +i:' lt�l. I t C(ty,,State, ZIP+4 - tip) (.. ��') ( .-`OrL ;Y?'ai, y�.w )r .L 'FILED -cF 7CG OF THE PROTHONOTAR 2013 APR 17 AN to: 5 CUMBERLAND COUNTY P ENNSYLVANIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042 -1140 (717) 274 -3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. n No. �`� 'p L / 1. !u/ HAROLD F. DUMAIS, Defendant PRAECIPE FOR ENTRY OF APPEARANCE TO THE PROTHONOTARY: Sir, please enter the appearance of Marc A. Hess, of the law firm of Henry & Beaver LLP whose address is 937 Willow Street, P.O. Box 1140, Lebanon, Pennsylvania 17042 -1140, as attorney for Mid Penn Bank, the Plaintiff in the above - captioned matter. Dated: A 2013 MARC A. S I.D. #55774 Affidavit of Process Server �6uPJ o F Ce,nynon Q1eq S (" ctt /tan» C&Q✓i (NAME OF COURT) rj to A MOV vs Vell�> F. 6y1' Al_s '.9677`✓ et 1/1 PLAINTIFF/PETITIQNER DEFENDANT/RESPONDENT CASE NUMBER 1 Cli V/t/^ _ ,being first duly sworn,depose and say: that it am over the age of 18 years and not a party to this action,and that within the boundaries of the state where service was effected,I was authorized by law to perform said service. Y/I Se rvice: I served ��'� F 04#1 Al � NAME OF PERSON/ENTITY BEING SERVED with (list documents C U &II& a I� c.� � (`a rr by leaving with ftR'e.n (A/ At ME RELATIONSHIP LI residence RdZ&A G �Z,r. Od ADDRESS CITY/STATE ❑ Busin ss ADDRESS �} CITY/STATE On qj�? r AT DATE TIME �. w $rinquired if subject was a member of the U.S. Military and was informed they are not. �� " Thereafter copies of the documents were mailed by prepaid, first class mail on Z517 1 = 6 DATE—t� " � ' fromc� CITY STATE ZIP Manner of Service: 3>C= ❑ PPerSonal:By personally delivering copies to the person being served. � : Substituted at Residence: By leaving copies at the dwelling house or usual place of abode of the person being served with a member of the household over the age of and explaining the general nature of the papers. ❑Substituted at Business:By leaving,during office hou s,copies at the office of the person/entity being served with the person apparently in charge thereof. ❑Posting:By posting copies in a conspicuous manner to the front door of the person/entity being served. Non-Service: After due search,careful inquiry and diligent attempts at the address(es) listed above, I have been unable to effect process upon the person/entity being served because of the following reasons): ❑Unknown at Address ❑Moved,Left no Forwarding ❑Service Cancelled by Litigant ❑Unable to Serve in Timely Fashion ❑Address Does Not Exist ❑tither Service Attempts:Service was attempted on: (1) (2) DATE TIME DATE TIME DATE TIME DATE TIME DATE TIME Description:. Age_�LSexf Race Height if 0 HJ In a --"'Glasses SIG T OF PROCESS SERVER SUBSCRIBED AND SWORN to before me this J& —day of J� ,2g-�,by �J2 Proved to me on the basis of satisfactory evidence to be the perso (s}wh appeared before me. SIGNATURE OF NOTAK PUBLIC ' NOTARY PUBLIC for the state of Ly _ XAPFS KRISrI vIEIRA FORM NATIONAL ASSOCIATION OF PROFESSIONAL PROCESS SERVERS Notary Public-StateOfRhodeIsland My Commission Expires August 27, 2016 I r 2013 JUN, _3 PM 1: 17 CUMBERLAND COUNTY PENNSYLVANIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. 13-2074 Civil HAROLD F. DUMAIS, Defendant PRAECIPE FOR ENTRY OF JUDGMENT BY DEFAULT TO THE PROTHONOTARY: Please enter judgment by default in favor of Plaintiff, Mid Penn Bank, and against Defendant, Harold F. Dumais, for his failure to plead to the Complaint in this action within the time required. The Complaint contains a Notice to Defend within twenty (20) days from the date of service thereof. Defendant was served with the Complaint on April 27, 2013, and his answer was due to be filed on May 17, 2013. Attached as Exhibit "A" is a copy of Plaintiffs written Notice of Intention to File Praecipe for Entry of Default Judgment which I certify was given in accordance with Pa.R.C.P. 237.1 by regular mail to the Defendant at his last known address on May 20, 2013, which is at least ten (10) days prior to the filing of this Praecipe. To the best of VV14 CLAW&b the undersigned's knowledge and belief Defendant is not represented by counsel of record in the within matter. Please enter judgment by default in favor of Plaintiff, Mid Penn Bank, and against the Defendant, Harold F. Dumais, in the amount of: Principal - $ 56,130.60 Interest to 3/28/2013 - 1,716.81 Late Charge to 3/28/2013 - 215.28 Attorney's Fees and Costs for Foreclosure (estimated herein, actual to be collected) - 2,500.00 Total - $ 60,562.69 Plus interest after March 28, 2013, and continuing after entry of judgment at the contract rate ($12.0836 per diem), actual attorney's fees as have been or may be incurred by Plaintiff, additional late fees after March 28, 2013, at the contract rate, costs of suit and all other amounts, fees and costs expended by Plaintiff to maintain its collateral and incidental to execution and levy, being the amount demanded in the Complaint. HEN E ER LP By: MAR A. H SS I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 2 - HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. 13-2074 Civil HAROLD F. DUMAIS, Defendant To: Harold F. Dumais 19 Hamlet Street Pascoag, RI 02859 Date of Notice: May 20, 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. t 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 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 HENRY - LLP By: MARC A. ESS I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 2 - ��` WNITEDS RTES ppS.� aPOSTAL SERVICE® pay fee.affix stamps or Oailin %dterpostagehere. This Certificate of Mailing provides eyidenoe that U „tt""�� This form may be used.or dom/y7 and intern io From: W r L 1 ./ 7 PITNEY BOWES W ' 02 1P $ 001.200 000 1 f 6012 MAX 0 2013 MAILED FROM 46 i t v�To: - ere 11 Avt P ",- Q� PS Form 381.7,April 2007 PSN 7530-02-000-9065 s � HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. 13-2074 Civil HAROLD F. DUMAIS, Defendant To: Harold F. Dumais 19 Hamlet Street Pascoag, RI 02859 NOTICE OF ENTRY OF JUDGMENT Pursuant to Pa.R.C.P. Rule 236 please be advised that judgment by default in the above proceeding was entered against you on ? , 2013, in the amount of: Principal - $ 56,130.60 Interest to 3/28/2013 - 1,716.81 Late Charge to 3/28/2013 - 215.28 Attorney's Fees and Costs for Foreclosure (estimated herein, actual to be collected) - 2.500.00 Total - $ 60,562.69 Plus interest after March 28, 2013, and continuing after entry of judgment at the contract rate ($12.0836 per diem), actual attorney's fees as have been or may be incurred by Plaintiff, additional late fees after March 28, 2013, at the contract rate, costs of suit and all other amounts, fees and costs expended by Plaintiff to maintain its collateral and incidental to execution and levy. A copy of the Praecipe for Entry of Judgment by Default is attached hereto. PROTHONOTA Y By: �4 � UDate: , 2013 Deputy - 2 - 2013 JUNI -6 AM 9: 30 PCUM'BERLAND COUNTY PENNSYLVANIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. 13-2074 Civil HAROLD F. DUMAIS, Defendant PRAECIPE FOR WRIT OF EXECUTION TO THE PROTHONOTARY: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966, as amended; and for real property pursuant to Act 6 or 1974, as amended. Issue a Writ of Execution in the above matter directed to the Sheriff of Cumberland County to levy upon the real property commonly known as 114 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025-2520, and as more fully described in Exhibit "A" attached hereto. a ti S1yg, . sow Amount Due - Principal - $ 56,130.60 Interest to 3/28/2013 - 1,716.81 Late Charge to 3/28/2013 - 215.28 Attorney's Fees and Costs for Foreclosure (estimated herein, actual to be collected) - 2,500.00 O.C.C.P. - This Writ - Plus interest after March 28, 2013, and continuing after entry of judgment at the contract rate ($12.0836 per diem), actual attorney's fees as have been or may be incurred by Plaintiff, additional late fees after March 28, 2013, at the contract rate, costs of suit and all other amounts, fees and costs expended by Plaintiff to maintain its collateral and incidental to execution and levy. HENRY 8i BEAVER LLP By: %N 6 ARC A. HESS/ I.D. #55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 Attorney for Plaintiff - 2 - ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the easterly line of North Enola Drive (formerly Summit Street, formerly Brick Church Road) at the northerly line of lands now or late of John S. Bitner and wife, said point being located one hundred seventy (170) feet measured northwardly along North Enola Drive from the northwest extremity of the arc of curve connecting the easterly line of North Enola Drive with the northerly line of Ferry Street; thence northwardly along said line of North Enola Drive twenty (20) feet, more or less, to a point at the southerly line of lands now or late of Marlin Allen Jury and wife; thence by the latter lands North seventy-nine (79) degrees forty (40) minutes East, one hundred fourteen and twenty-nine one-hundredths (114.29) feet to a stake; line of property of Charles Milliken, being a lot fronting on Altoona Avenue, twenty (20) feet to a point; thence South seventy-nine (79) degrees forty (40) minutes West, on a line passing through the center of the partition wall between the dwelling located on the lot herein described and that located on the lot adjoining to the South one hundred fourteen and twenty-nine one-hundredths (114.29) feet to the place of BEGINNING. HAVING THEREON erected a two and one-half story frame dwelling, No. 114 North Enola Drive. BEING the same premises which Curt R. Rohrer, married man, by Deed dated August 15, 2007, and recorded September 11, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 200735312, granted and conveyed unto Harold F. Dumais. married man. KNOWN AS 114 North Enola Drive, Enola, Pennsylvania PARCEL NO. 09-14-0832-235 EXHIBIT A F1LE'0? --OFF 1CF' 1013 JUN' _E AVI 9: 3 1 CUMBERLAND COUNTY PENNSYLVANIA HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. 13-2074 Civil HAROLD F. DUMAIS, Defendant AFFIDAVIT PURSUANT TO RULE 3129.1 Mid Penn Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed and as of the present time the following information concerning the real property located at 114 North Enola Drive, Enola, Cumberland County, Pennsylvania 17025-2520, and having a legal description as set forth on Exhibit "A" attached hereto and incorporated by reference: 1. Name and address of Owners or Reputed Owners: Name Address Harold F. Dumais 19 Hamlet Street Pascoag, RI 02859 2. Name and address of Defendants in the judgment. Name Address Harold F. Dumais 19 Hamlet Street Pascoag, RI 02859 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Mid Penn Bank 5500 Allentown Boulevard Harrisburg, PA 17112 Susquehanna Bank 307 International Circle, Suite 600 Hunt Valley, MD 21030 Susquehanna Bank c/o William Colby, Esquire Barley Snyder, LLP . P.O. Box 942 Reading, PA 19603-0942 4. Name and address of the last recorded holder of every mortgage of record: Name Address Mid Penn Bank 5500 Allentown Boulevard Harrisburg, PA 17112 5. Name and Address of every other person who has any record lien on the property: Name Address n/a - 2 - 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: Name Address n/a 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: Name Address Tenant/Occupant 114 North Enola Drive Enola, PA 17025-2520 East Pennsboro Area School District 890 Valley Street Enola, PA 17025 East Pennsboro Township 98 South Enola Drive Enola, PA 17025-2796 Debbie Lupold, 98 South Enola Drive, Room 101 Treasurer/Tax Collector Enola, PA 17025-2796 Cumberland County Tax Claim Cumberland County Courthouse One Courthouse Square, Room 1 Carlisle, PA 17013 Cumberland County Treasurer Cumberland County Courthouse One Courthouse Square, 1st Floor, Room 103 Carlisle, PA 17013 Cumberland County 13 North Hanover Street Domestic Relations P.O. Box 320 Support Division Carlisle, PA 17013 Commonwealth of Pennsylvania Department 280946 Department of Revenue Harrisburg, PA 17125-0946 Bureau of Compliance 3 Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Commonwealth of Pennsylvania 6t" Floor, Strawberry Square Bureau of Individual Taxes Department 280601 Inheritance Tax Division Harrisburg, PA 17128 Attn: John Murphy Department of Public Welfare Willow Oak Building T.P.L. Casualty Unit P.O. Box 8486 Estate Recovery Program Harrisburg, PA 17105 Internal Revenue Service 600 Arch Street Federal Estate Tax P.O. Box 1205 Special Procedures 'Branch Philadelphia, PA 19105 Internal Revenue Service 600 Arch Street, Room 3259 Advisory Unit Philadelphia, PA 19106 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 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. HEN V LLP Date: June 5, 2013 By:. ARC A. I.D. #55774 Attorney for Plaintiff ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the easterly line of North Enola Drive (formerly Summit Street, formerly Brick Church Road) at the northerly line of lands now or late of John S. Bitner and wife, said point being located one hundred seventy (170) feet measured northwardly along North Enola Drive from the northwest extremity of the arc of curve connecting the easterly line of North Enola Drive with the northerly line of Ferry Street, thence northwardly along said line of North Enola Drive twenty (20) feet, more or less, to a point at the southerly line of lands now or late of Marlin Allen Jury and wife; thence by the latter lands North seventy-nine (79) degrees forty (40) minutes East, one hundred fourteen and twenty-nine one-hundredths (114.29) feet to a stake; line of property of Charles Milliken, being a lot fronting on Altoona Avenue, twenty (20) feet to a point; thence South seventy-nine (79) degrees forty (40) minutes West, on a line passing through the center of the partition wall between the dwelling located on the lot herein described and that located on the lot adjoining to the South one hundred fourteen and twenty-nine one-hundredths (114.29) feet to the place of BEGINNING. HAVING THEREON erected a two and one-half story frame dwelling, No. 114 North Enola Drive. BEING the same premises which Curt R. Rohrer, married man, by Deed dated August 15, 2007, and recorded September 11, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 200735312, granted and conveyed unto Harold F. Dumais. married man. KNOWN AS 114 North Enola Drive, Enola, Pennsylvania PARCEL NO. 09-14-0832-235 EXHIBIT 0 PAR �Z NSYLv1\m A TY HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. 13-2074 Civil HAROLD F. DUMAIS, Defendant NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriffs sale of valuable real estate will be held at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania in a room location to be posted at every entrance on WEDNESDAY SEPTEMBER 4, 2013 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and demands of the property of Harold F. Dumais which are more fully described below: OWNER OF PROPERTY: Harold F. Dumais LOCATION OF PROPERTY TO BE SOLD: 114 North Enola Drive Enola, Cumberland County Pennsylvania DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit "A". IMPROVEMENTS ON PROPERTY: together with all improvements and appurtenances. This Sheriffs sale takes place pursuant to a Judgment against Harold F. Dumais in favor of Mid Penn Bank which Judgment was entered at No. 13-2074 Civil, in the amount of: Principal - $ 56,130.60 Interest to 3/28/2013 - 1,716.81 Late Charge to 3/28/2013 - 215.28 Attorney's Fees and Costs for Foreclosure (estimated herein, actual to be collected) - 2,500.00 Total - $ 60,562.69 Plus interest after March 28, 2013, and continuing after entry of judgment at the contract rate ($12.0836 per diem), actual attorney's fees as have been or may be incurred by Plaintiff, additional late fees after March 28, 2013, at the contract rate, costs of suit and all other amounts, fees and costs expended by Plaintiff to maintain its collateral and incidental to execution and levy. If you have a question about the full amount due and owing through the date of Sheriff's Sale, you can get that information by contacting the attorney whose name, address and telephone number appears below. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriffs sale and distribution will be made in accordance with that Schedule of Distribution unless exceptions are filed thereto within ten (10) days after the filing of the Schedule of Distribution. No further notice of the filing of Schedule of Distribution will be given. YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien or interest you have in the above property may be forever lost or otherwise impaired if you do not properly take action to protect.such lien or interest. You may - 2 - have legal rights to prevent any lien or interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a petition with the above Court of Common Pleas in order to open or strike the above judgment, or to stay or set aside the Sheriffs Sale, if you feel you have a defense or objection to the judgment or the execution procedures used, or for any other proper causes. After the Sheriff's Sale, but before delivery of the Sheriffs Deed to the real property, a petition to set aside the Sheriffs Sale for a grossly inadequate price or for any other proper causes also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other.rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly or you may lose such rights. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Ronny R. Anderson Sheriff of Cumberland County Marc A. Hess I.D. #55774 HENRY & BEAVER LLP Attorney for Plaintiff ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the easterly line of North Enola Drive (formerly Summit Street, formerly Brick Church Road) at the northerly line of lands now or late of John S. Bitner and wife, said point being located one hundred seventy (170) feet measured northwardly along North Enola Drive from the northwest extremity of the arc of curve connecting the easterly line of North Enola Drive with the northerly line of Ferry Street; thence northwardly along said line of North Enola Drive twenty (20) feet, more or less, to a point at the southerly line of lands now or late of Marlin Allen Jury and wife, thence by the latter lands North seventy-nine (79) degrees forty (40) minutes East, one hundred fourteen and twenty-nine one-hundredths (114.29) feet to a stake; line of property of Charles Milliken, being a lot fronting on Altoona Avenue, twenty (20) feet to a point, thence South seventy-nine (79) degrees forty (40) minutes West, on a line passing through the center of the partition wall between the dwelling located on the lot herein described and that located on the lot adjoining to the South one hundred fourteen and twenty-nine one-hundredths (114.29)feet to the place of BEGINNING. HAVING THEREON erected a two and one-half story frame dwelling, No. 114 North Enola Drive. BEING the same premises which Curt R. Rohrer, married man, by Deed dated August 15, 2007, and recorded September 11, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 200735312, granted and conveyed unto Harold F. Dumais. married man. KNOWN AS 114 North Enola Drive, Enola, Pennsylvania PARCEL NO. 09-14-0832-235 EXHIBIT WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-2074 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt,interest and costs due MID PENN BANK Plaintiff(s) From HAROLD F.DUMAIS (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: $56,130.60 L.L.: $.50 Interest TO 3/28/2013-$1,716.81 Atty's Comm: Due Prothy: $2.25 Atty Paid: $144 95 Other Costs: LATE CHARGES TO 3/28/2013- $215.28 ATTORNEY'S FEES AND COSTS FOR FORECLOSURE-$2,500.00 Plaintiff Paid: Date: 6/6/13 David D.Buell,Prothonotary (Seal) By: Deputy REQUESTING PARTY: Name: MARC A.HESS,ESQUIRE Address:HENRY&BEAVER LLP 937 WILLOW STREET,P.O.BOX 1140 LEBANON,PA 17042 Attorney for:PLAINTIFF Telephone: 717-274-3644 Supreme Court ID No. 55774 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. 13-2074 Civil HAROLD F. DUMAIS, Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF LEBANON I, Lisa I. Fox, of the law firm of Henry & Beaver LLP, depose and state that: 1. 1 forwarded a certified true and correct copy of the attached Notice of Sheriffs Sale Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, Exhibit "A", by first class United States mail, proper postage prepaid, on June 13, 2013, to: Name Address Harold F. Dumais 19 Hamlet Street Pascoag, RI 02859 Mid Penn Bank 5500 Allentown Boulevard Harrisburg, PA 17112 Susquehanna Bank 307 International Circle, Suite 600 Hunt Valley, MD 21030 Susquehanna Bank c/o William Colby, Esquire Barley Snyder, LLP P.O. Box 942 Reading, PA 19603-0942 Tenant/ Occupant 114 North Enola Drive Enola, PA 17025-2520 East Pennsboro Area School District 890 Valley Street Enola, PA 17025 East Pennsboro Township 98 South Enola Drive Enola, PA 17025-2796 Debbie Lupold, 98 South Enola Drive, Room 101 Treasurer/Tax Collector Enola, PA 17025-2796 Cumberland County Tax Claim Cumberland County Courthouse One Courthouse Square, Room 1 Carlisle, PA 17013 Cumberland County Treasurer Cumberland County Courthouse One Courthouse Square, 1st Floor, Room 103 Carlisle, PA 17013 Cumberland County 13 North Hanover Street Domestic Relations P.O. Box 320 Support Division Carlisle, PA 17013 Commonwealth of Pennsylvania Department 280946 Department of Revenue Harrisburg, PA 17125-0946 Bureau of Compliance Commonwealth of Pennsylvania P.O. Box 2675 Department of Welfare Harrisburg, PA 17105 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Taxes Department 280601 Inheritance Tax Division Harrisburg, PA 17128 Attn: John Murphy 2 Department of Public Welfare Willow Oak Building T.P.L. Casualty Unit P.O. Box 8486 Estate Recovery Program Harrisburg, PA 17105 Internal Revenue Service 600 Arch Street Federal Estate Tax P.O. Box 1205 Special Procedures Branch Philadelphia, PA 19105 Internal Revenue Service 600 Arch Street, Room 3259 Advisory Unit Philadelphia, PA 19106 Attached hereto as Exhibit "B" and made a part hereof are the United States Postal Service Form 3817 Certificates of Mailing. 2. 1 also forwarded a true and correct copy of the attached Notice of Sheriff's Sale Pursuant to Pennsylvania Rule of Civil Procedure 3129.2, Exhibit "A", by First Class United States Mail, Certified, Return Receipt Requested, on June 13, 2013 to the Defendant, Harold F. Dumais, at 19 Hamlet Street, Pascoag, Rhode Island 02859. Said Notice was received by Defendant on June 17, 2013. Attached hereto as Exhibit "C" and made a part hereof is the United States Postal Service Domestic Return Receipt and Receipt for Certified Mail. LISA I. FOX Sworn to and subscribed to before me this J day of 2013. Notary Public COMMONWEALTH OF PENNSYLVA NOTARIAL SEAL PATrA ula L.YOUING,Notary Public Cary of Lebanon,Lebanon County My Commission Expires December 11,2013 3 HENRY & BEAVER LLP By: Marc A. Hess Identification No. 55774 937 Willow Street P.O. Box 1140 Lebanon, PA 17042-1140 (717) 274-3644 MID PENN BANK, IN THE COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW vs. No. 13-2074 Civil HAROLD F. DUMAIS, Defendant NOTICE OF SHERIFF'S SALE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129.2 TAKE NOTICE that a Sheriffs sale of valuable real estate will be held at the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania in a room location to be posted at every entrance on WEDNESDAY SEPTEMBER 4, 2013 10:00 A.M. PREVAILING LOCAL TIME of all the estates, rights, titles, properties, claims and demands of the property of Harold F. Dumais which are more fully described below: OWNER OF PROPERTY: Harold F. Dumais LOCATION OF PROPERTY TO BE SOLD: 114 North Enola Drive Enola, Cumberland County Pennsylvania EXHIBIT DESCRIPTION OF PROPERTY TO BE SOLD: A legal description is attached hereto, incorporated herein and identified as Exhibit "A" IMPROVEMENTS ON PROPERTY: together with all improvements and appurtenances. This Sheriffs sale takes place pursuant to a Judgment against Harold F. Dumais in favor of Mid Penn Bank which Judgment was entered at No. 13-2074 Civil, in the amount of: Principal - $ 56,130.60 Interest to 3/2812013 = _ 1,716.81 Late Charge to 3/28/2013 - 215.28 Attorney's Fees and Costs for Foreclosure (estimated herein, actual to be collected) - 2,500.00 Total - $ 60,562.69 Plus interest after March 28, 2013, and continuing after entry of judgment at the contract rate ($12.0836 per diem), actual attorney's fees as have been or may be incurred by Plaintiff, additional late fees after March 28, 2013, at the contract rate, costs of suit and all other amounts, fees and costs expended by Plaintiff to maintain its collateral and incidental to execution and levy. If you have a question about the full amount due and owing through the date of Sheriff's Sale, you can get that information by contacting the attorney whose name, address and telephone number appears below. TAKE NOTICE that a Schedule of Distribution will be filed by the Sheriff on a date not later than thirty (30) days after the Sheriffs sale and distribution will be made in accordance with that Schedule of Distribution unless exceptions are filed thereto within ten (10) days after the filing of the Schedule of Distribution. No further notice of the filing of Schedule of Distribution will be given. YOU MAY HAVE A LIEN OR OTHER INTEREST IN THE ABOVE PROPERTY. Any lien or interest you have in the above property may be forever lost or otherwise impaired if you do not properly take action to protect such lien or interest. You may - 2 - have legal rights to prevent any lien or interest you have in the above property from being lost or otherwise impaired. For example, before the Sheriffs Sale, you may file a petition with the above Court of Common Pleas in order to open or strike the above Judgment, or to stay or set aside the Sheriff's Sale, if you feel you have a defense or objection to the judgment or the execution procedures used, or for any other proper causes. After the Sheriff's Sale, but before delivery of the Sheriff's Deed to the real property, a petition to set aside the Sheriff's Sale for a grossly inadequate price or for any other proper causes also may be filed with said Court. You also may have the right to free legal help. A lawyer can advise you more specifically of these and other rights you may have regarding the above matters. If you wish to exercise your rights, however, you must act promptly or you may lose such rights. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 or (800) 990-9108 Ronny R. Anderson Sheriff of Cumberland County Marc A. Hess I.D. #55774 HENRY & BEAVER LLP Attorney for Plaintiff - 3 - �t ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro, in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point on the easterly line of North Enola Drive (formerly Summit Street, formerly Brick Church Road) at the northerly line of lands now or late of John S. Bitner and wife, said point being located one hundred seventy (170) feet measured northwardly along North Enola Drive from the northwest extremity of the arc of curve connecting the easterly line of North Enola Drive with the northerly line of Ferry Street; thence northwardly along said line of North Enola Drive twenty (20) feet, more or less, to a point at the southerly line of lands now or late of Marlin Allen Jury and wife; thence by the latter lands North seventy-nine (79) degrees forty (40) minutes East, one hundred fourteen and twenty-nine one-hundredths (114.29) feet to a stake; line of property of Charles Milliken, being a lot fronting on Altoona Avenue, twenty (20) feet to a.point; thence South :seventy-nine (79) degrees forty (40) minutes West, on a line passing through the center of the partition wall between.the dwelling located on the lot herein described and that located on the lot adjoining to the South one hundred fourteen and twenty-nine one-hundredths (114.29) feet to the place of BEGINNING. HAVING THEREON erected a two and one-half story frame dwelling, No. 114 North Enola Drive. BEING the same premises which Curt R. Rohrer, married man, by Deed dated August 15, 2007, and recorded September 11, 2007 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 200735312, granted and conveyed unto Harold F. Dumais. married man. KNOWN AS 114 North Enola Drive, Enola, Pennsylvania PARCEL NO. 09-14-0832-235 EXHIBIT 9 . Nand Address of Sender GhecKtype01 man or service: t,Liciir l�,tiin� yr r��L�l. r BrRC A HESS ESQUIRE codifloato of as a Q ❑ Certified ❑ Recorded Delivery(Inlernanonai) corflflcafe of mailing, 1ENRY & BEAVER LLP ❑ COD 1❑ Registered ortoraddlflonal 611 41 137 WILLOW STREET El Delivery Conrirmatlon ❑ Return Recelpt for Merchandise copies ot(his bill) eb 9` ❑ Sxpress Mall ❑ Signature Conflnnatlon Postmark and '0 BOX 1140 1 1/' Insured Date of Receipt ,EBAN r w surfiktg70 luJdressaa(Name,Street,Clly 51a1e,&ZIP Cairj) Pgslapo F-eo Handling Actual Value t:D Chorge Ir Rogistarad t� pu,are F. Dumai� _ x"006 12 19 Hamlet Street _ MA OM Z K ascoag, RI 02859 2, Aid Penn Bank s?waw 500 Allentown Boulevard:! J.qrri.qbjirg PA 119 3. Susquehanna Bank MD '21030 4 Susquehanna Bank pN N Pq Esq./Barley Sn� er LLP „ t^• &Ai /o William Colby, 0 Box 942j 66Y 'leading PA 19603-0942 5. J 114 North Enola Drive nola, P9 '17025-2520 6. last Pennsb:orooArea School District: tt 0' 90 Valley Street Yn 4S {l; �1�.PA 17025 7. 7,La5t Pennsborooh;�_„� 318 South 1)ri vP `3 ,.noln PA 17029-2796 A. p, Debbie Lupold, Treasurer/Tax Collector 8 South Enola Drive Room 101 �A 17025-2796 Total Number of Places Total Number of Pieces Postmmte Nsma of recelving employee) Listed by Sander Recelved l Post Office 8 See Privacy Act Statement on Reverse PS Form 3 877, February 2002(Pago 9 of 2) (,_,,/CompIkLojXy Typewriter,Ink,or Ball Paint Pon Na nd Address of Sender UneCK type of man ut sal VILM. ULnlir 11�t&1LJ yr rukii,iiA --y r as a keCC A HESS ESQUIRE (Iflssoale of Q ❑ Certified ❑ Recorded Delivery(international) cerllOcefe of mailing, p ;NRY & BEAVER LLP ❑ COD ❑ Ronletered orforaddlflonel yCp�ss-% 37 WILLOW STREET ❑ Dellvery Confirmation ❑ Return Receipt for Merchandise coplas of fhls bill) ❑ Express Mall ❑ Signature Confirmation Postmark and BOX 1140 Insured Data of Recoi t EBANON PA 7 1 Handling Actual Value n or D SC S 0 r is e`NurhW Addreasee(Nan-A,3lreal,Gty,Slate,&ZIP Code) Postag0 Fee Ci�irue Ir R�gisldrad �2 t�Pea Fuu I N r 13'l 2 J UN_1_. 1, Cumberland County Tax Claim ' MAI ED F OM IPC DE 1 046 Cumberland County Courthouse _ One- Courthouse S uare, ,Room 1 _ Carlisle PA 17013 2. Cumberland County Treasurer Cumberland County Courthouse One Courthouse Square, 1st F om 103 PA 170 f I 3• C urnherl anrd County Tlnmesti.r Relaticons Support died sien 1 North Hannvar St, POBO�C 320-- W 12A 17013 ,6 4• COMMnNWF.AT.TH nF pErdNSYLVANIA (Dµ„ DEPARTMENT OF R-E—VENT-TE BURR"—OF COMP-LIANNCE — �PNO a PA r�o s y DEPARTMENT 280946 5, r 1 1, a JUN 1 3 2013 0 5 �. ;i yJ 1�. icu �4- Wa 6. COMMONWEALTH OF PENNSYLVANIA tip t, DEPAIITMENT OF WZLEARF 4J HARPTRRITRC, PA 17105 �,� •gry xnty. , 7. -- �_ �� ��• Total Number of Places Total Number of Places Postmaster,Per( receiving a loyee) Listed by Sender Received at Posl Office 5 See privacy Act Statement on Rove rse PS Form 3877, February 2002(Pago 9 of 2) plots U ypowrlter,Ink,or Bail Point Pan Na and Address of Sender U11OCK type 0'1 man Of bUIV1611: unnllr 1�e�iLa yr L7t�1L11Y .,u, r kRC A HESS ESQUIRE (If issued as a Q ❑ Certified ❑ Recorded Delivery(Inlernellonel) cerflflaete of mailing, y�P�esP% ENRY & BEAVER LLP ❑ COD El Roplslered or for additional 3 7 WILLOW STREET ❑ Delivery Confirmation ❑ Return Receipt for Merchandise copies of this bill) AF. ��fA ❑ Express Mall ❑ Signature Confirmation Postmark and MUM ofRecei. t '�PITMEr ebV6 J BOX 1140 11 //�� Insured P EBANON PA r,&2N-fh�7 C Addressae(Nano,&real,City,State,S ZIP Code) Poslage Feo Hendllnp Actual Value I SC• S� 1� 6Q Chm'pa Ir R6tj1,;lered q 1- 1. 1 2b 1. _COMMONWEALTH OF PENNSYLVANIA ,-_•_ FROM IPC DE 17046 BUREAU OF INDIVIDUAL TAXES—------ _._._ INHERITANCE TAX X--D=UN ATTN_.___JOHN MURPHY 2. 6TH FT C1f1R_ S g y SQUARE DEPARTMENT 290601 HA7�P-ISBU-RG PA 17n77-3.28 — 3. D 12 AR_ mENT_ OF Pt7�atb WELFARE T.P.-L. C A S U A Kn� 4. witr10w. 0 BUILDiNG. F.U. ., a 6 HARRISBURG PA 17105 • R��� O ,:� f U 5. INTERNAL REVENUE SERVICE ` QP� :'� T; FEDERAL ESTATE TAX ^^ SPECIAL PROCEDURES W- 6_00 AR-1 p ��R��-� �A�TC,� JUN 1 3 Fm 6VC' ,t 6. n 02X 1205 — '� 4:5 €_`J Hai. -------—-----– -- USPS "'b 7. INTERNAL REVENUE—SERVICE ADVISORY ITNIT 600 ARCH STRFFT ROOM 3959__ > w<.` P-HILABRLPUTA PA 1910 — `'=';v Total Number of Pieces Total Number of Places Postmaster,Pe s elvin yea) Listed by Sender 4 Received Post Office See Prlvacy Act Stal:ement on Reverse PS f=orm 3877, February 2002(Page 9 of 2) Complete wrltor,Ink,or Ball Paint Pan Postal (Domestic CERTIFIED MAIL,. RECEIPT Ln Only, Provided) r0 r� p� A L� A p m b'` -n "&IF Fly C ,9 � . Postage $ $0.46 v fU Certified Fee $7,,1� 07 � C3 RReturn Receipt Fee j�� °tma 2013 (Endorsement Required) $�•S5 �I Q O Restricted Delivery Fee C3 (Endo rsementRequired) u7 C3 Total Postage&Fees $ M ru Sent To Harold F. Dumais C3 ------------------------ O Street,Apt.No.; -------°------°------'------- N, or PO Box No. 19 Hamlet Street City,State,Z/P+4 Pascoag, RI 02859 PS Form 3800,August 2006 See Reverse for Instructions COMPLETE THIS SECTION 7 COMPLETE THIS SECTION ON DELIVERY ■ Complete items 1,2,and 3.Also complete A. 7at rep D item 4 if Restricted Delivery is desired. ❑Agent ■ Print your name and address on the reverse X �x � eb so t that this Can return the Card to you. B. Received by(Printed Name) C. Date of Delivery • Attach this card to the back of the mailpiece, I&-/�,` or on the front if space permits. D. Is delivery address different from item 1? ❑Yes 1. Article Addressed to: If YES,enter delivery address below: 13 No Harold F. Dumais 19 Hamlet Street Pascoag, RI 02859 3. Service Type -I Certified Mail ❑Express Mail ❑Registered ❑Retum Receipt for Merchandise ❑Insured Mail ❑C.O.D. 4. Restricted Delivery?(Extra Fee) ❑Yes 2. Article Number r-- (rransfer from sendce labeo --3 0_5 0 0002''­1636' 1605 ` _ PS Form 3811, February 2004 Domestic Return Receipt 102595-02-M-1540 EXHIBIT _ _ T SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson J. Sheriff �titn of s� �1 , . Jody S Smith `f 1 Chief Deputy ''4F"-r "1 C i ^ Richard W Stewart CUM3ERLALD , . „ Solicitor °FACE OF THE SHERIFF PENNSYLVANIA Mid Penn Bank vs. Case Number Harold F Dumais 2013-2074 SHERIFF'S RETURN OF SERVICE 06/14/2013 Sheriff Ronny R. Anderson, being duly sworn according to law, states he served the requested Real Estate Writ, Notice of Sheriffs Sale and Legal Description, in the above titled action, in the following manner. The Sheriff mailed a notice of the action by certified mail, return receipt requested, to the within named Defendant, to wit: Harold F. Dumais at 114 North Enola Drive, Enola, PA 17025 06/28/2013 08:53 PM - Deputy Tim Black, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 114 North Enola Drive, East Pennsboro-Township, Enola, PA 17025, Cumberland County. 07/29/2013 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that he served the within Real Estate Writ, Notice of Sheriffs Sale and Legal Description by certified mail, return receipt requested, to the within named defendant, to wit: Harold F. Dumais, by mailing a copy of the within documents to the defendant's last known address of 19 Hamlet Street, Pascoag, RI 02859 on 7/3/13. The unopened letter was returned to the Cumberland County Sheriffs Office on 7/29/13 marked "Return to Sender, Unclaimed, Unable to Forward." 09/04/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013, on September 04, 2013 at 10:00 a.m. He sold the same for the sum of$1.00 to Attorney Marc Hess on behalf of Mid Penn Bank, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,008.12 SO ANSWERS, September 27, 2013 RONR ANDERSON, SHERIFF 4.-/- 93x6,s- #/ a9(,(;% (c}CountySute Sheriff,Tcleesoft,Irc.