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HomeMy WebLinkAbout13-4208 Supreme Court of Pennsylvania Court of Comajon.Plea For Prothonotary Use Only.r Civil Cover Sheet Docket No: c CUMBE,RLANQ County The informcition collected on this form is used solely court administration purlm,ses. This form does not r rrlal � Ierrie nt or replace , the d�at and servr "ce oft lettdii19,s or o ther s� as required by law or rules of court, Commencement of Action: El Complaint ® Writ of Summons © Petition S ❑'Transfer from Another Jurisdiction ❑ Declaration of Taking C Lead Plaintiff's Name: Lead Defendant's Name: Springleaf Financial Services of Pennsylvania, Inc., et al John L. Bouder. and Karla D. Bouder i Dollar Amount Requested- []within arbitration limits I Are money damages requested? 0 Yes 0 No (check one) ❑outside arbitration limits 0 N Is this a Class Action Suit? ❑ Yes L] No Is this an MDJApheal? 0 Yes O No Name of PlaintiffrAppellant's Attorney; CRAIG H. FOX. ESQUIRE _.., _...._.....__...__ _ _._.�. 0 Checic here if you have no attorney (are a Self - Represented 11 Set Litigant) l N ature of the Case Place an " 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 nor include Alass Tort) CON'rRACT (do not include Judgments) C:IVII.. APPEAI.:S ❑ intentional ❑ Buyer Plaintiff Administrative Agencies ❑ Malicious Prosecution ❑ Debt Collection: Credit Card ® Board of Assessment El Motor Vehicle ❑ Debt Collection: Other ❑ Board of Elections Dept. of Transportation ❑ Nuisance ❑ Premises I_,iability Statutory .Appeal: Other S ❑ Product I.,iability (hoes not include Employment Dispute: _ _ ........................ ............................... © mass tort) E Discrimination ❑ SlanderA ibel! Defamation E] Employment Dispute: Other © Zoning Board ❑Other: ❑ Other: . . ............... 1 0 Other: __ .........._..... ............. ................... o MASS TORT' Asbestos ....... _ .... ._. 1y © Tobacco__ ❑ 'I'oxic fort - DES - ❑ Toxic Tort - Implant rR PROPERTY MISCELLANEOUS ❑ Toxic Waste Eectment E] Common LawtStatutory Arbitration © Other: Eminent DomaintCcrndemnafiort ©Declaratory Judgment ..... M.._............. u..... ......................... Ground Rent Mandamus .... •LandlordiTenant Dispute Non- Domestic Relations ...._..... .... ._.. ....— .............__..:.._._.._ .._._.... [] Mortgage Foreclosure: Residential Restoa.'ining Order PROFESSIONAL. LIABILITY ❑ Mortgage Foreclosure: Commercial ❑ 0' .jo Warrant(, ❑ Dental 0 Partition ❑ freplevin ❑ Legal ❑ Quiet Title 0 0111cr: 1 ❑ Medical ❑ Other:-- . -• Other Pro6essional: NG!�••..Gw✓1ci er.... Updated 11112011 I its OCT 17 Phi 2: 25 FOX AND FOX ATTORNEYS AT LAW, P.0 U�.R3ERLA U COUNTY BY: CRAIG H. FOX, ESQUIRE PENNSYLVANIA Identification No. 49509 706 One Montgomery Plaza Attorney for Plaintiff Norristown, PA 19401 (610) 275-7990 (610) 275-2866 fax SPRINGLEAF FINANCIAL SERVICES • COURT OF COMMON PLEAS OF PENNSYLVANIA, INC. fka • CUMBERLAND COUNTY, PA AMERICAN GENERAL CONSUMER • DISCOUNT COMPANY 601 NW 2"d Street • Evansville, IN 47708 • No. 2013-4208 CIVIL vs. JOHN L. BOUDER • 36 Running Pump Road • Newville, PA 17241 And KARLA D. BOUDER 105 Baker Russell Drive • Shippensburg, PA 17257 PRAECIPE FOR ENTRY OF JUDGMENT FOR FAILURE TO FILE AN ANSWER AND ASSESSMENT OF DAMAGES TO THE OFFICE OF THE PROTHONOTARY: Kindly enter judgment in favor of the plaintiff and against the Defendants, JOHN L. BOUDER and KARLA D. BOUDER in the above case for failure to file an Answer to Plaintiff ' s Complaint in the sum of $ in accordance with the assessment of damages below. Kindly: (1) assess the damages in the above matter a t a((y c s1OO ivvh ce Maiei against the defendants, JOHN L. BOUDER and KARLA D. BOUDER as follows : Outstanding Principal : $208 , 278 . 36 Accrued but unpaid interest as of June 26 , 2013 $ 12 , 355 . 28 Late charges $ 2, 103 . 61 Other costs MDI Premium Refund ($ 657 . 87) Anticipated Title search: $ 325 . 00 Prothonotary fee: $ 103 . 75 Reasonable Attorney' s Fees $ 11, 031 . 68 TOTAL $233,539.81* Interest from June 26, 2013 through date of full repayment of the debt accrues at the contract rate . Late charges also accrue as set forth in the Loan Documents . (2) enter judgment in Mortgage Foreclosure and for the foreclosure and sale of the mortgaged property. I hereby certify that Defendants were served with a copy of Complaint on August 5 , 2013 and September 5 , 2013 as evidenced by the Sheriff Returns of Service forms attached hereto and that ten (10) day Notices of Intent to take Default were sent to the Defendants on September 30, 2013 , via Certificate of Mailing. DATED: -Aka A CRAIeOX Atto . - for Plainti • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff 01 1/4..1n/bort Jody S Smith Chief Deputy Richard W Stewart Solicitor r=n^ ri-E �r Springleaf Financial Services of Pennsylvania, Inc. Case Number vs. John Bouder(et al.) 2013-4208 SHERIFF'S RETURN OF SERVICE 07/22/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Karla D Bouder, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Affidavit according to law. 07/23/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found" at 321 Firehouse Road, South Newton Township, Shippensburg, PA 17257. Residence is vacant. 07/23/2013 08:20 PM- Sheriff Ronny R Anderson, being duly sworn according to law, states that the within requested Complaint in Mortgage Foreclosure is being returned "Not Served"at 36 Running Pump Road, North Newton Township, Newville, PA 17241. Deputies were advised by the defendant that he filed Bankruptcy, Case No. 1:13-6K-01853. 08/05/2013 10:12 AM-The requested Complaint in Mortgage Foreclosure served by the Sheriff of Franklin County upon Robert W. Ocker, Father of defendent,who accepted for Karla D Bouder, at 105 Baker and Russell Drive, Shippensburg, PA 17257. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $99.62 SO ANSWERS, August 21, 2013 RONI4S' R ANDERSON, SHERIFF ;c!;ouniySu-.e Sheriff,7e;eosef SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff ~;',c6, , Di atia rrrt�� Jody S Smith Chief Deputy Richard W Stewart Solicitor or=i4•OF TA=LL S,E riip•r, Springleaf Financial Services of Pennsylvania, Inc. Case Number vs. 2013-4208 John Bouder(et al.) SHERIFF'S RETURN OF SERVICE 09/05/2013 11:49 AM- Deputy William Cline, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Ruby Bouder, Mother, who accepted as"Adult Person in Charge"for John Bouder at 36 Running Pump Road, North Newton Township, Newville, PA 17241. ILCIAM CLINE, DEPUTY SHERIFF COST: $41.56 SO ANSWERS, September 06, 2013 RONKEY R ANDERSON, SHERIFF tc)Cour,, Sulte Shertr,Teieosoft Inc. G:\10100\10100.66\10100-66 DAY.NOT.DOC FOX AND FOX ATTORNEYS AT LAW, P.C. BY: CRAIG H. FOX, ESQUIRE Identification No. 49509 706 One Montgomery Plaza Attorney for Plaintiff Norristown, PA 19401 (610) 275-7990 (610) 275-2866 fax SPRINGLEAF FINANCIAL SERVICES COURT OF COMMON PLEAS OF PENNSYLVANIA, INC. fka • CUMBERLAND COUNTY, PA AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 601 NW 2"d Street •• Evansville, IN 47708 No. 2013-4208 CIVIL vs. JOHN L. BOUDER •• 36 Running Pump Road •• Newville, PA 17241 •• And •• KARLA D. BOUDER •• 105 Baker Russell Drive •• Shippensburg, PA 17257 TO: Karla D. Bouder 105 Baker Russell Drive Shippensburg, PA 17257 DATE OF NOTICE : September 30, 2013 NOTICE, RULE 237 .5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS . YOU SHOULD TAKE THIS 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 CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S . Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 If you have any questions concerning this notice, please call: Craig H. Fox FOX AND FOX ATTORNEYS AT LAW, P. C. 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 mu Ai Cr:ig jr Fox, E•.. i •e G:\10100\10100.66\10100-66 DAY.NOT.DOC FOX AND FOX ATTORNEYS AT LAW, P.C. BY: CRAIG H. FOX, ESQUIRE Identification No. 49509 706 One Montgomery Plaza Attorney for Plaintiff Norristown, PA 19401 (610) 275-7990 (610) 275-2866 fax SPRINGLEAF FINANCIAL SERVICES COURT OF COMMON PLEAS OF PENNSYLVANIA, INC. fka CUMBERLAND COUNTY, PA AMERICAN GENERAL CONSUMER DISCOUNT COMPANY • 601 NW 2"d Street Evansville, IN 47708 No. 2013-4208 CIVIL • vs. • • JOHN L. BOUDER • 36 Running Pump Road • Newville, PA 17241 • And • KARLA D. BOUDER • 105 Baker Russell Drive • Shippensburg, PA 17257 TO: John L. Bouder 36 Running Pump Road Newville, PA 17241 DATE OF NOTICE: September 30, 2013 NOTICE, RULE 237 . 5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS . YOU SHOULD TAKE THIS 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 CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE . Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 If you have any questions concerning this notice, please call: Craig H. Fox FOX AND FOX ATTORNEYS AT LAW, P. C. 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 4r3/ A, C •..ig Fox, Es:tire G:\10100\10100.66\10100-66 DAY.NOT.DOC FOX AND FOX ATTORNEYS AT LAW, P.C. BY: CRAIG H. FOX, ESQUIRE Identification No. 49509 706 One Montgomery Plaza Attorney for Plaintiff Norristown, PA 19401 (610) 275-7990 (610) 275-2866 fax SPRINGLEAF FINANCIAL SERVICES • COURT OF COMMON PLEAS OF PENNSYLVANIA, INC. fka • CUMBERLAND COUNTY, PA AMERICAN GENERAL CONSUMER • DISCOUNT COMPANY • 601 NW 2"d Street • Evansville, IN 47708 • No. 2013-4208 CIVIL vs. • • JOHN L. BOUDER • 36 Running Pump Road • Newville, PA 17241 And • KARLA D. BOUDER • 105 Baker Russell Drive • Shippensburg, PA 17257 TO: Karla D. Bouder 321 Firehouse Road Shippensburg, PA 17257 DATE OF NOTICE: September 30, 2013 NOTICE, RULE 237 .5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS 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 CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S . Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 If you have any questions concerning this notice, please call: Craig H. Fox FOX AND FOX ATTORNEYS AT LAW, P. C. 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 ..Al Craig V Fo lirEs.uire G:\10100\10100.66\10100-66 DAY.NOT.DOC FOX AND FOX ATTORNEYS AT LAW, P.C. BY: CRAIG H. FOX, ESQUIRE Identification No. 49509 706 One Montgomery Plaza Attorney for Plaintiff Norristown, PA 19401 (610) 275-7990 (610) 275-2866 fax SPRINGLEAF FINANCIAL SERVICES • COURT OF COMMON PLEAS OF PENNSYLVANIA, INC. fka • CUMBERLAND COUNTY, PA AMERICAN GENERAL CONSUMER •• DISCOUNT COMPANY • 601 NW 2"d Street • Evansville, IN 47708 • No. 2013-4208 CIVIL vs. • JOHN L. BOUDER • 36 Running Pump Road • Newville, PA 17241 •• And •• KARLA D. BOUDER • 105 Baker Russell Drive •• Shippensburg, PA 17257 TO: John L. Bouder 321 Firehouse Road Shippensburg, PA 17257 DATE OF NOTICE: September 30, 2013 NOTICE, RULE 237 .5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT 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 DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS . YOU SHOULD TAKE THIS 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 CAN NOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S . Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 If you have any questions concerning this notice, please call : Craig H. Fox FOX AND FOX ATTORNEYS AT LAW, P. C. 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 / Ar -- - -� Craig ;r 'ox, •" q re U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stamps or meter postage and MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT post mark. Inquire of PROVIDE FOR INSURANCE—POSTMASTER Postmaster for current Received From: ' 0,. Craig H. Fox, Esquire ., ;,, . Fox and Fox Attorneys at Law, P. o NI 706 One Montgomery Plaza 0 -0 p.) Norristown, PA 19401 co z o PINr� 0 1 a One piece of ordinary mail addressed t(CC.4 ,. 0) "En I It P.n.) John L. Bouder m 36 Running Pump R 0 CD m Ill Newville, PA 1724 o k o � �57 cz acs PS Form 3817, Mar. 1989 'U.S.G.P.O.: 1992-329-823/69237 i k U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stamps or meter postage and MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT lii ,.. f PROVIDE FOR INSURANCE—POSTMASTER � ' .itrr t Received From: ^�ti r 7yw T`- 74w Tr Craig H. Fox, Esquire O 4TJ Fox and lox Attorneys at Law, P.C. °v 1a 706 One Mont.om CA).Z CO t\I Norristown, PA 19401 . �O� Sib j! y, One piece of ordinary mail addressed to: v. U7 m � I'r Karla D. Bouder ' 105 Baker RussellDrive A o r jy c:, m to p rg Shippensburg, PA 17257 °`---°° co PS Form 3817, Mar. 1989 'U.S.G.P.O.: 1992-329.823/69237 • 1's • U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stamps or meter postage and MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT .o t t, . Innnire of PROVIDE FOR INSURANCE—POSTMASTER . . t= rent Received From: '� 7 e SC Craig H. Fox, Esquire * " Fox and Fox Attorneys at Law, P.0 2' v 706 One Montgomery Plaza �, , ° Norristown, PA 19401 ��\s b ., 2 c �r A One piece of ordinary mail addressed to: > ` -v 14 f"rt Y John L. Bouder �,:a `m° 321 Firehouse Road . ° P i.a ir t �, oN Shippensburg, PA 172 SE'S w C ■ PS Form 3817, Mar. 1989 'U.S.G.P.O.: 1992-329-823/69237 a t 4 • U.S.POSTAL SERVICE CERTIFICATE OF MAILING Affix fee here in stamps MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL,DOES NOT or meter postage and PROVIDE FOR INSURANCE—POSTMASTER pjost mark. Inquire of .rte • • { r rr 4 -t Received From: fJ Y Craig H. Fox, Esquire s 7i fox and Fox Attorneys at Law, P.C. NV `� 706 One Montgomery Plaza cup `1' Norristown, PA 19401 PA j i o k\' One piece of ordinary mail addressed to: 0.... 0,)-4 in It! M Karla D. Bouder , ' - Q O • o —4:3;C) .i m 321 Fireho se Read ----7)",‘,/ 0 1V o Shippensburg, PA 17257 o m • ' G i.00..te,,,L PS Form 3817, Mar. 1989 •U.S.G.P.O.: 1992-329.823/69237 • FOX AND FOX ATTORNEYS AT LAW, P.C. BY: CRAIG H. FOX, ESQUIRE Identification No. 49509 706 One Montgomery Plaza Attorney for Plaintiff Norristown, PA 19401 (610) 275-7990 (610) 275-2866 fax SPRINGLEAF FINANCIAL SERVICES COURT OF COMMON PLEAS OF PENNSYLVANIA, INC. fka • CUMBERLAND COUNTY, PA AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 601 NW 2"d Street Evansville, IN 47708 • No. 2013-4208 CIVIL vs. JOHN L. BOUDER 36 Running Pump Road Newville, PA 17241 And • KARLA D. BOUDER 105 Baker Russell Drive Shippensburg, PA 17257 AFFIDAVIT OF NON-MILITARY SERVICE Craig H. Fox, Esquire hereby verifies that he represents the Plaintiff in the above entitled case; that he is authorized to make this verification on behalf of the Plaintiff; that to the best of his knowledge, information and belief the above named Defendants are over 18 years of age; the address of Defendants are a listed in the caption of this pleading; the occupation of Defendants are unknown; and Defendants are not in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldier' s and the Sailor' s Civil Relief Act of 1940 and the amendments thereto. Deponent further states that he understand that these statements are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to au orities. Date : 14 Ii C i'aig Fo" to 'ney for Plaintif. Sworn to and subscribed before me this j y6"'day of / ': i , 2013 NNSYLVANIA •tart' Public COMMONWEAL NOTARIAL TN OF SERI_PE LOIS S.FOX,Notary Public Norristown My Commission Expires May 20 2017 FOX AND FOX ATTORNEYS AT LAW,P.C. BY: CRAIG H. FOX, ESQUIRE Identification No. 49509 706 One Montgomery Plaza Attorney for Plaintiff Norristown, PA 19401 (610) 275-7990 (610) 275-2866 fax SPRINGLEAF FINANCIAL SERVICES • COURT OF COMMON PLEAS OF PENNSYLVANIA, INC. fka CUMBERLAND COUNTY, PA AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 601 NW 2nd Street Evansville, IN 47708 No. 2013-4208 CIVIL vs. JOHN L. BOUDER 36 Running Pump Road Newville, PA 17241 And • KARLA D. BOUDER 105 Baker Russell Drive Shippensburg, PA 17257 CERTIFICATION The undersigned does hereby certify that Defendants were served with a copy of Complaint by the Sheriff on August 5, 2013 and September 5, 2013 as evidenced by the Sheriff Returns of Service forms attached hereto and that ten (10) day Notices of Intent to take Default were sent to the Defendants on September 30, 2013 , via Certificate of Mailing. ■ Cr- g H /,144,, ox At orn- for Plaintiff G:\10100\10100.66\10100-66 D.JDG.DOC FOX AND FOX ATTORNEYS AT LAW, P.C. BY: CRAIG H. FOX, ESQUIRE Identification No. 49509 706 One Montgomery Plaza Attorney for Plaintiff Norristown, PA 19401 (610) 275-7990 (610) 275-2866 fax SPRINGLEAF FINANCIAL SERVICES COURT OF COMMON PLEAS OF PENNSYLVANIA, INC. fka CUMBERLAND COUNTY, PA AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 601 NW 2nd Street • Evansville, IN 47708 • No. 2013-4208 CIVIL vs. • • JOHN L. BOUDER • 36 Running Pump Road Newville, PA 17241 • And • KARLA D. BOUDER • 105 Baker Russell Drive Shippensburg, PA 17257 • Notice is given that a judgment by default in the above captioned matter has been entered against you on OC2+. 17 , 2013 . 1 PROTHONOTARY jo.,<„„,,, 3416411°P 10(l.—t If you have any questions concerning the above please contact : CRAIG H. FOX, ESQUIRE Attorney for Party Filing FOX AND FOX ATTORNEYS AT LAW, P. C. 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 FOX AND FOX ATTORNEYS AT LAW, P.C. BY: CRAIG H. FOX, ESQUIRE Identification No. 49509 706 One Montgomery Plaza Attorney for Plaintiff Norristown, PA 19401 (610) 275 -7990 (610)275 -2866 fax SPRINGLEAF FINANCIAL SERVICES COURT OF COMMON PLEAS OF .PENNSYLVANIA, INC. fka CUMBERLAND COUNTY, PA AMERICAN GENERAL. CONSUMER DISCOUNT COMPANY 601 NW 2 ,d Street Evansville, IN 47708 No . 1 3 - �laOe cud VS. JOHN L. BOUDF.R _ 36 Running Pump Read Newville, PA 17241 And KARLA D. BOUDER 105 Baker Russell Drive © C� r• Shippensburg, PA 17257 ' < NOTICE TO DEFEND 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 an 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 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET HELP. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL Pw - 33 �-' p SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249 -3166 (800) 990 -9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. if you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm may be deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. FOX AND FOX ATTORNEYS AT LAW, P.C. Isl Craig H. Fox, Esquire 706 One Montgomery Plaza Norristown, PA 19401 (610) 275-7990 e :\101ao \ioloo.66\l0100 -66 M,CMP.DOC FOX AND FOX ATTORNEYS AT LAW, P.C. BY: CRAIG H. FOX, ESQUIRE Identification No. 49509 706 One Montgomery Plaza Attorney for Plaintiff Morristown, PA 19401 (610) 275 -7990 (610) 275 -2866 fax SPRINGLEAF FINANCIAI. SERVICES COURT OF COMMON PLEAS OF PENNSYLVANIA, INC. fka CUMBERLAND COUNTY, PA AMERICAN GENERAL CONSUMER > DISCOUNT COMPANY 601 NW 2 " Street Evansville, IN 47708 No. VS. JOHN L. BOUDER 36 Running Pump Road Ne -tvville, PA 17241 And > KARLA D. BOUDER 105 Baker Russell Drive r Shippenshurg, PA 17257 CIVIL ACTION COMPLAINT - MORTGAGE FORECLOSURE. Plaintiff, SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC., fka AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, by its attorneys and complains against the defendants, JOHN L. BOUDER and KARLA D. BOUDER, upon the following causes of action: 1. Plaintiff, SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, C' INC., fka American General Consumer Discount Company (t t Springleaf °) is an institution doing business in the Commonwealth of Pennsylvania with a place of business located at 601 NW 2 1 ' d Street, Evansville, IN 47708, 2. Defendants, JOHN L. BOUDER and KARLIA D. BOUDER, are adult individuals who reside at the address above in the caption of this pleading and are the real owners and/or mortgagors and/or both of the mortgaged property hereinafter described. If a.nv Defendant above-named is deceased, this action shall proceed against the deceased Defendant's heirs, assigns, successors, administrators, personal representatives and/or executors through his/her estate. 3. On May 21, 2007, Defendants executed and delivered a mortgage upon the premises hereinafter described to American General Consumer Discount Company nka Springleaf Financia.'.L Services of Pennsylvania, Inc. ("Springleaf") which mortgage was recorded in the office of the Recorder, of Deeds of Cumberland County at Book #1993, page #2289 on May 25, 2007. The Mortgage was security for a loan from Springleaf to Defendants, which loan. was evidenced. by a Promissory Note of the same date. True and correct copies of the Note and Mortgage are attached hereto collectively and incorporated herein as Exhibit "A". 4. The land subject to the mortgage is all that certain tract or parcel of land situated in the County of Cumberland, Commonwealth of Pennsylvani more particularly described in the attached Mortgage Agreement and in the Deed recorded in the Cumberland County office for the Recording of Deeds in. Book Vol, 33 at page 954, and otherwise known as 321 Firehouse Road, Cumberland County, Shippensburg, PA 17257. A copy of the Deed and\or legal description is attached hereto as Exhibit "'Bit and incorporated herein by reference. The Mortgage and/or Assignment(s) of mortgage and/or Deed are a matter of public record and are incorporated herein as provided by Pa. R.C.P. 1019(g). 5. The mortgage is in default because the defendants have failed and - refused to make the mortgage payments. 6. Notices of default, intent to foreclose and of possible eligibility for the Emergency Mortgage Assistance Program were sent to the defendants at their addresses on September 20, 201-2. Plaintiff has not been notified of any action by the Pennsylvania Housing Finance Agency which would bar it from proceeding with this foreclosure. True and correct copies of the Notices are attached hereto, incorporated herein and designated as Exhibit "Cit. 7. Defendants have failed to cure the default as requested. Accordingly, and pursuant to the provisions of the Mortgage- Agreement, plaintiff declares all sums secured by the mortgage immediately due and payable and requests judgment in the amount of the accelerated balance, together with the expenses of foreclosure, including, but not limited to, reasonable attorneys' fees, costs and interest, in the following amounts: Outstanding Principal: $208,279.36 Accrued but unpaid interest $ :1.2, 355.::1..8 as of June 26, 2013 $ 2,103�61 Late charges Other costs ($ MDI Premium Refund Anticipated Title search: $ 325„00 Prothonotary fee: $ 103,75 11,031 Reasonable Attorney's Fees $ � 6-.8, TOTAL 8. The attorney's fees set forth above are in conformity with. the Mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to this sale, reasonable attorney's fees will be charged based on work actually performed. 9. Interest from June 26, 2013 through date of full repayment of the debt accrues at the contract rate. Late charges also accrue as set forth in the Loan Documents. WHEREFORE, Plaintiff demands judgment in Mortgage Foreclosure in the sum of $233,529.81 together with additional attorney's fees, if any, hereinafter incurred in excess of that claimed above, costs interest and late charges at the contract rate and other expenses incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Mortgage, and for the foreclosure and sale of the mortgaged Property. C61 A r Plain ff - r " T O �. O iIF.iI.FR Prepared By: Return To: MR AINVERICAN GE<IERAL FINANCIAL SER f 3� � S 1% COLDBROOK SQUARE PLAZA &'?1 Vi /AYNE AVE CHAMBERSBURG PA 17201 -3501 (Space Above This Line For Recording Data OPEN -END MORTGAGE THIS MORTGAGE SECURES FUTURE ADVANCES To Borrowers whose Revolving Line of Credit Agreement and Disclosure Statement provides for a Line of Credit not exceeding $50,000 and a Variable Rate feature: Notice to Borrower: This document contains provisions for a variable interest rate. 1 THIS OPEN -END MORTGAGE ( "Security Instrument ") is given on MAY 21. 2007 The Mortgagor is JOHN.. L ROU> ?E Tr 03 A rVR1F SPOUSES ( (indicate marital status) This Security Instrument is given to A RTf AN -CNFR CTINFA IlT !' i M #T ' __. .. which is organized and existing under the laws of Pennsylvania, and whose address is vu V nc Y ' . - ' n E I Tnr^ oA 17 ?M -7Afl1 ( "Mortgagee "). Borrower may incur indebtedness to Mortgagee in amounts fluctuating from time to time up to the appraised value of the real estate secured under this Security Instrument, but not exceeding the Line of Credit set by Mortgagee (initially $ 1J(l0n_0 ) , which amount constitutes the maximum principal amount that may be secured at any one time under this Security Instrument. This debt is evidenced by Borrower's Home Equity Line of Credit Agreement and Disclosure Statement dated the same date as this Security Instrument ("Note'), which provides for monthly payments, with the full debt, if not paid earlier, due and payable as provided in the Note. This Security Instrument secures to Mortgagee: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note; and (d) the unpaid balances of loan advances made after this Security Instrument is delivered to the recorder for record. For this purpose, Borrower does hereby mortgage, grant and convey to Mortgagee the following described property located in CrTMRF.Rt.ATJT) County Pennsylvania: A METES AND BOUNDS DESCRIPTION WITH THE BUILDINGS AND IMPROVEMENTS THEREON EREC TED, SITUATE AND BEING IN SOUTH NEWTON TOWNSHIP, COUNTY OF CUMBERLAND STATE OF PENNSY 33Q AT PAGE 954, P ARTICULARLY RECORDED IN THE RECORDS D OF CUMBERLANDICOUNTY, IN DEED PENNS YLVANIA Prior Instrument Reference: Mortgage Book No. 1893 , Page 431 ; TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, rights, appurtenances, rents, royalties, mineral, oil and gas rights and profits, water rights and stock and all fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security instrument. All of the foregoing is referred to in this Security Instrument as the "Property." PAX201 (12-04 -05) HELOC Real Estate Wirings Page 1 of 6 EXHIBIT "A" BIt 1993PG2239 r BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property, and that the Property is unencumbered, except for encumbrances of record. Borrower covenants that Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. COVENANTS. Borrower and Mortgagee covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. At the request of Mortgagee, Borrower shall begin making monthly payments into an escrow account for the payment of yearly taxes, insurance and other yearly charges imposed upon the Property. 3. Application of Payments, Unless applicable law provides otherwise, all payments received by Mortgagee under paragraphs 1 and 2 shall be applied as provided in the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner prescribed by Mortgagee and on time directly to the person owed payment. Borrower shall promptly furnish to Mortgagee all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Mortgagee receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Mortgagee; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Mortgagee's opinion operate to prevent the enforcement of the lien or forfeiture of any part of the Property; or (c) secures from the holder of the lien an agreement satisfactory to Mortgagee subordinating the lien to this Security Instrument. If Mortgagee determines that any part of the Property is subject to a lien which may attain priority over this Security instrument, Mortgagee may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days of the giving of notice. S. Hazard Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards for which Mortgagee requires insurance. This insurance shall be maintained in the i amounts and for the periods that Mortgagee requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Mortgagee's approval which shall not be unreasonably withheld. All insurance policies and renewals shall be acceptable to Mortgagee and shall include a standard mortgage clause. Mortgagee shall have the right to hold the policies and renewals. If Mortgagee requires, Borrower shall promptly give to Mortgagee all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Mortgagee. Mortgagee may make proof of loss if not made promptly by Borrower. Unless Mortgagee and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Mortgagee's security is not lessened. If the restoration or repair is not economically feasible or Mortgagee's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Mortgagee that the insurance carrier has offered to settle a claim, then Mortgagee may collect the insurance proceeds. Mortgagee may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless the Note provides otherwise, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 18 the Property is acquired by Mortgagee, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Mortgagee to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. Page 2 of 8 ' PAX282 (12-04-07 HELOC Real Eslale Nbrtgage BK 1993PG2290 f, t 6, Preservation and Maintenance of Property; Leaseholds. Borrower shall not destroy, damage or substantially change the Property, allow the Property to deteriorate or commit waste. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease, and if Borrower acquires fee title to the Property, the leasehold and fee title shall not merge unless Mortgagee agrees to the merger in writing. 7. Protection of Mortgagee's Rights in the Property; Mortgage Insurance. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Mortgagee's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or to enforce laws or regulations), then Mortgagee may do and pay for whatever is necessary to protect the value of the Property and Mortgagee's rights in the Property. Mortgagee's actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees actually incurred if and as permitted by applicable law, and entering on the Property to make repairs. Although Mortgagee may take action under this paragraph 7, Mortgagee does not have to do so. Any amounts disbursed by Mortgagee under this paragraph 7 shall become additional debt of I Borrower secured by this Security Instrument, Unless Borrower and Mortgagee agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Mortgagee to Borrower requesting payment. If Mortgagee required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the insurance in effect until such time as the requirement for the Insurance terminates in accordance with Borrower's and Mortgagee's written agreement or applicable law. 8. Inspection. Mortgagee or its agent may make reasonable entries upon and inspections of the Property. Mortgagee shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. S. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Mortgagee. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument,' whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property, unless Borrower and Mortgagee otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fractions: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. If the Property is abandoned by Borrower, or if, after notice by Mortgagee to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Mortgagee within 30 days after the date the notice is given, Mortgagee is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument whether or not then due. Unless the Note provides otherwise, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 10. Borrower Not Released; Forbearance By Mortgagee Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Mortgagee to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in Interest. Mortgagee shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors In interest. Any forbearance by Mortgagee in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. PAX283 (12.0405) HELOC Real Estate Mortgage Page 3 of 6 8K 1993PG229 I 11. Successors and Assigns Bound; Joint and Several Liability; Co- signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Mortgagee and Borrower, subject to the provisions of paragraph 16. Borrower's covenants and agreements shall be joint and several. Any Borrower who co -signs this Security Instrument but does not execute the Note: (a) is co- signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Mortgagee and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 12. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Mortgagee may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Mortgagee. Any notice to Mortgagee shall be given by first class mail to Mortgagee's address stated herein or any other address Mortgagee designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Mortgagee when given as provided in this paragraph. 44. Goveming Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shalt not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 46. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial Interest in Borrower is sold or transferred and I Borrower is not a natural person) without Mortgagee's prior written consent. Mortgagee may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option l shall not be exercised if the exercise of this option by Mortgagee is prohibited by federal law as of the date of this Security Instrument. If Mortgagee exercises this option, Mortgagee shall give Borrower notice of acceleration. The notice shall provide a period if not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Mortgagee may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 17. Borrower's Right to Reinstate. To the extent required by applicable law, Borrower may have the right to have enforcement of this Security Instrument discontinued. Upon reinstatement by Borrower, this Security Instrument and the obligations secured thereby shall remain fully effective as if no acceleration had occurred. PAX284 (12.04 -05) MELOC Real Estate Mortgage Page 4 of 6 BK ! 993PG2292 I 18. Acceleration; Remedies. Except as provided in paragraph 16, if Borrower is in default due to the occurrence of any of the events of default provided in the "DEFAULT; TERMINATION AND ACCELERATION BY MORTGAGEE" provision of the Note, Mortgagee shall give Borrower notice specifying: (a) the default; (b) the action required to cure the default; (c) a date, not less than 30 days from the date the notice is given to Borrower, by which the default must be cured; and (d) that failure to cure the default on or before the date specified in the notice may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. If the default is not cured on or before the date specified in the notice, Mortgagee at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Mortgagee shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, reasonable attorneys' fees actually incurred if and as permitted by applicable law and costs of title evidence. 19. Mortgagee in Possession; Assignment of Rents. Upon acceleration under paragraph 18 or I abandonment of the,Property, Mortgagee (by judicially appointed receiver) shall be entitled to enter j upon, take possession of and manage the Property and to collect the rents of the Property including those past due. Any rents collected by Mortgagee or the receiver shall be applied First to payment of the costs of management of the Property and collection of rents, including, but not limited to, receiver's fees, premiums on receiver's bonds and reasonable attorneys' fees if and as permitted by applicable law, and then to the sums secured by this Security Instrument. Nothing herein contained shall be construed as constituting Mortgagee a "mortgagee in possession," unless Mortgagee shall have entered into and shall �. remain in actual possession of the Property. 20. Release. Upon payment of all sums secured by this Security Instrument, Mortgagee shall discharge this Security Instrument. Borrower shall pay any recordation costs. 21. Advances to Protect Security. This Security Instrument shall secure the unpaid balance of advances made by Mortgagee, with respect to the Property, for the payment of taxes, assessments, insurance premiums and costs incurred for the protection of the Property. 22. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this t Security Ins um With e ( Sear. CH STOPIT SS Bo w 10 N .� � af. Seal w KARLA D OUDE& COMMONWEALTH OF PENNSYLVANI:. OUNTY OF 1: RANKLTN _ _ ss: On this 21st day of mw, 2f1(17 before me, RONALD L UMBRELL undersigned officer, personally appeared JOHN I ROUDFR KARLA D HOMER known to me (or satisfactorily proven) to be the PERSONS whose NAMES ARE subscribed to the within instrument and acknowledged that THEY executed the same for the purposes therein contained. WITNESS my hand and official seal, the day and year.afores (SEAL) My Commission expires: .TUNE 2, 2010 -- N ry Public of Pennsylvania = PAX285 (12- 0446) HEIOC Real Estate Mortgage Page 5 of 6 CC?MMQN_W;? At:f; tOFPFNNSYI_V AN;A NOTARIAL SEAL RONALD L. UM8RELL, Notary Public ranklin County [ ttITFs.,lune 2: 2010 - 8K 19 I 943 -'�.a CERTIFICATE OF RESIDENCE of AMERIC AN 9 ENBRA Mortgagee named in the foregoing mortgage, hereby certify that the correct residence address of said Mortgagee is Witness my hand, this 2 t a r day of May , _2D()7 • go -of Mortgag e: l i � f Certify this to be recorded jr; Cumberland County PA RC;cOrder of Deeds Page 6 of 6 PAX266 (12.04 -06) HELOC Rea{ Estate Mortgage BK I 9.93PG2294 AMERICAN AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT GENERAL FINANCIAL SERVICES ACCOUNT NUMBER DATE WW MAYIYCAR) 05/21 /07 CREDIT LIMIT 217000.00 TYPE OF LOAN (Alpha) Y00 LENDERISECURED PARTY NAME AND ADDRESS ( "Lender ") LENDER'S TELEPHONE NUMBER: 717-263-8493 AMERICAN GENERAL CONSUMER DISCOUNT COMPANY COI.DBROOK SQUARE PLAZA 801 WAYNE AVE CIIAMBERSBURG, PA 17201 -3801 BORROWERS) NAME AND ADDRESS ( "I ", "We ") ( JOHN L BOUDER KARLA D BOUDER 321 FIREHOUSE RD SHIPPENSBURG, PA 17257 t PROPERTY THAT SECURES THIS LINE OF CREDIT l: Q Conventional Home and Real Estate 0 Manufactured Home and Real Estate Other Real Estate PROPERTY ADDRESS PROPERTY ADDRESS PROPERTY ADDRESS 321 FIREHOUSE RD p SHIPPENSBURG, PA 17257 1. Meaning of Some Words. In this Agreement, the words "Borrower," "I," "me" "my," "we," and "our" mean all persons signing this Agreement as a "Borrower" or "Co- Borrower." The words "Lender," "you," and "your" mean D U 0 p AMERICAN GENE successors, and assigns. 2. Home Equity Line of Credit Agreement. Lender has opened a Line of Credit for me (my "Account'). This American General Home Equity Una of Credit Agreement ("Agreement ") states the terms and conditions of my Account. 1 have read this Agreement carefully and will keep a copy for my records. 3. Credit Limit. The maximum amount of credit available to me under this Agreement Is called my Credit Limit. My Credit Umlt is stated above. The total amount I owe Lender at any time under this Agreement and my Security Instrument (defined In Section 5 below) is called my Total Balance. The total amount available for me to borrow from my Account at any time is called E my Available Credit, My Available Credit equals my Credit Limit, less my outstanding Principal Balance. My Principal Balance I �. is the amount I owe Lender for each Draw (defined in Section 7 below) on my Account, as well as any fees acid charges that are ( added to my Principal Balance and any credit insurance premiums. 4. Promise to Pay. 1 promise to pay to the order of Lender my Total Balance. If more than one Borrower signs this Agreement, a)1 of us are bound by this Agreement, and each of us, together and Individually, will keep all of the promises we make in this Agreement, including our Promise to Pay. if someone other than a Borrower uses my Account, I promise to pay amounts owed to Lender because of Draws by that person, even if that person did not have my permission and even if I told Lender that the person was using my Account, to the extent permitted by applicable law. 1 5, Security Interest. At the time I sign this Agreement, I also will give Lender a mortgage, deed of trust, and/or other security instrument (the "Security Instrument'). The Security Instrument gives Lender a security interest in the property (the "Security Interest') described at the beginning of this Agreement (the "Property "). Lender's Security Interest will be limited to my Credit Limit plus any unpaid finance charges. The Property will be used as the principal residence of at least one Borrower, unless I Lender otherwise agrees. I agree not to allow any other lien to be filed against the Property that will be superior to or adversely affect Lender's Security Interest. I The Security Instrument will not secure other debts I owe Lender, unless it specifically states that it secures those debts. This Agreement and my Account will not be secured by a mortgage, deed of trust, or other security Instrument on anyone's principal residence, unless the mortgage, deed of trust, or other security agreement specifically states that it secures this Agreement. 6. Using My Account. Right to Cancel. If the Property is the principal residence of any Borrower, I may be entitled to cancel all or a part of this Agreement under the Truth in Lending Act and Regulation Z or other applicable law. If Lender gives me a Right to Cancel. I may not use my Account until the Right to Cancel expires. t may also be entitled to rescind a Security Interest added or increased in the event that the Credit Limit on my Account Is increased. The Term of This Agreement. The tens of this Agreement Is divided into two periods: the _5 year "Draw Period" and the "Repayment Period." The Repayment Period will vary depending on the payment option 1 choose. Draw Period. An advance of funds from my Account is called a Draw. This Agreement and the Draw Period begin on D3 / ?t /n7 . The Draw Period will continue for i years and will end on 05/7.n/ (the "Last Draw Date'). PAOWT WAYrTF.AM (AONTMMYNEAR) . Repayment Period. After the Draw Period ends, the Repayment Period begins ( "Repayment Period'). During the Repayment Period, I may not take any Draws, and t must repay the Total Balance in accordance with the payment option i choose. Credit Limit. I may make Draws on my Account up to my Credit Limit; however, I may not take a Draw greater then my Available Credit. If I do request a Draw greater than my Available Credit in violation of this Agreement, Lender may but is not obligated to honor that Draw request, and Lender is not obligated to honor future Draw requests In excess of my Credit Limit. 7. Draws. There are two kinds of Draws: the "First Draw" and "Subsequent Draws." First Draw. I must take a First Draw in the minimum amount of $ t0n0.00 on 0 / (the "First Draw Dale ). My First Draw will be paid to me by Check. In addition 10 my First Draw, any Fees due under this Agreement that I choose to finance will boded to my Principal Balance. SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION ' UNXA71 (01.1546) HELOC Agreomenl (1 -2) Pepe 1 BOf/OVRrS Initlal6 /� AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't) Subsequent Draws. I may take Subsequent Draws during the Draw Period by writing special checks from time to time (each, a "Check'), but I may not request a Subsequent Draw for an amount greater than my Available Credit. Each Subsequent Draw must be for at least $ 100.00 Immediately after any Subsequent Draw, my Principal Balance must exceed $ N/A . I may obtain Subsequent Draws at Lender's offices or by using my Checks I receive from Lender. I must sign any Check I use to take a Subsequent Draw. Lender may charge amounts to my Account as Subsequent Draws to protect Lender's Security Interest in the Property, as stated in the Security Instrument, at any time. Checks. 1 can use my Checks, subject to the terms of this Agreement. When Lender honors a Check, Lender may charge the amount of the Check to my Account, even if it is post- dated, stale, or will cause me to exceed my Credit Limit. Lender is not obligated to pay Checks that will cause me to exceed my Credit Limit, but, if Lender does so, Lender is not obligated to do so again in the future. Checks will not be returned with my Monthly Statements. Lender can pay Checks in any o it chooses even though this may affect whether I exceed my Credit Limit, unless otherwise required by law. Stop Payment Requests. If I ask, Lender may attempt to stop payment on a Check, but Lender will have no liability to me if Lender does not An oral request to stop payment is good for only fourteen (14) calendar days unless I confirm it in writing within that period. A written request is good for only six (6) months unless I renew It in writing within that period. I will contact Lender Immediately if I wish to stop payment on a Check. Lender then will send me a "Stop Payment Request" form that I must sign and return to Lender. Lender will advise me of other rules that will apply to Slop Payment Requests. Loss of Checks. I must notify Lender immediately if any of my Checks are lost of stolen or if I learn that any of the Checks have been used without my permission. To report the loss or thefl of my Checks, 1 may write to Lender at the address listed at the beginning of this Agreement or on my Monthly Statement ("Lende(s Address') or call Lender at the telephone number listed at the beginning of this Agreement or on my Monthly Statement ("Lenders Telephone Number"). Lender may change Lenders Address or Lender's Telephone Number by telling me in my Monthly Statement. If my Account is closed for any reason, I agree to return all unused Checks to Lender immediately. Restrictions on Draws. Lender may refuse to honor any Draw request: (a) that will cause me to exceed my Credit Limit; (b) that I try to use 10 make any payments on my Account or any other account due to Lender, unless t first gel Lenders II permission in writing; (c) made by an unsigned Check (such as may occur when using a Check to pay a bill by phone, or In an Automated Clearing House transaction); (d) that does not comply with this Agreement; (e) If Lender has suspended or terminated my Account; or (f) if t am otherwise in default of this Agreement. Lender is not responsible if I am dissatisfied with the goods or services I have purchased or leased with Draws from my Account or if anyone does not accept my Check. 8. How My Finance Charges Are Computed. Finance charges will be assessed on my Account in the form of Additional Fees described in Section 10 below and by applying the applicable daily periodic rate disclosed in Section 9 below to the average daily balance on my Account and then multiplying the resulting product by the number of days in the billing cycle. The Finance Charge calculated in this manner will never exceed the Finance Charge that would result from applying the daily periodic rate to I the daily balance for each day of the billing cycle. Finance charges will he disclosed on my Monthly Statement as the Finance Charge. The daily periodic rate applied to my Account will be determined by dividing the annual percentage rate applicable to my Account (the "Annual Percentage Rate ") for the billing cycle by 365 (the "Daily Periodic Rate'). Calculation of Average Daily Balance. Lender figures a portion of the Finance Charge on my Account by applying the Daily Periodic Rate 10 the average dairy balance on my Account. To get the average dally balance, Lender takes the beginning r Principal Balance (which excludes any accrued and unpaid finance charges resulting from the dairy periodic rate) on my Account each day, adds any new Draws, Fees (as defined below), and credit Insurance premiums (except as otherwise provided in this Agreement), and subtracts any payments or credits. This gives Lender the "Closing Daily Balance" on my Account. Then, Lender adds all the Closing Daily Balances for the bitting cycle and divides the total by the number of days in the billing cycle. This gives Lender the "Average Daily Balance." The Closing Daily Balance will reflect payments, credits, draws, and debits posted to my Account each day but will not Include any unpaid finance charges resulting from the daily periodic rate. No Grace Period. There Is no grace period during which I can make a payment and avold a Finance Charge. Finance charges will begin to accrue 7a the that Draws, , ees as eime b elow), or credit insurance premurms.are pose to my Account. 9. Annual Percentage Rates/Daily Periodic Rates. The interest rate that Lender uses to calculate a portion of the Finance Charge on my Account is called an Annual Percentage Rate or a Dairy Periodic Rate. The Annual Percentage Rate is the Daily Periodic Rate of interest on my Account expressed as an annual rate. [Q Fixed Annual Percentage Rate /Daily Periodic Rate. The ANNUAL PERCENTAGE RATE applied to my Account is The Daily Periodic Rate applied to my Account is .Olb9 %. 0 variable Annual Percentage Rate /Daily Periodic Rate. My Annual Percentage Rate and Daily Periodic Rate may change on the N/A annual anniversary of my account, and may change JA thereafter. The Annual t Percentage Rate and the Daily Periodic Rate on my Account are based on an index. The Index is the highest Prime Rate in the "Money Rates" listing in The Wall Street Journal on the first business day after the 14th day of the month preceding each VJA anniversary of my Account. The anniversary of my Account is N/A from the Date of Agreement above and the Same date of each _XLA time period thereafter (my *Anniversary'), To get my Annual Percentage Rate, Lender adds ,N /A percentage points) (the "Margin') to the index. My initial ANNUAL PERCENTAGE RATE is N/A %, and my initial Daily Periodic Rate is N A °1b. If the index becomes unavailable during the term of this Agreement, Lender may use a comparable Index after Lender notifies me. Rate Changes. The Annual Percentage Rate can change. N but the rate cannot increase or decrease by more than N/A percentage point(s) at any rate change. Changes in the Annual Percentage Rate and Daily Periodic Rate for my Account will take effect on the first day of the billing cycle beginning on or after the Anniversary of my Account. My Monthly Statement will show the Annual Percentage Rate and Daily Periodic Rate that applied to my Account during the billing cycle. Increases in the Annual Percentage Rate and Daily Periodic Rate for my Account may result in a greater Finance Charge and an increase in the Current Payment I must make on my Account. The ANNUAL PERCENTAGE RATE on my Account will r never be more than ELA %, which is the same as a Daily Periodic Rate of N/p °5, or be less than N/A °k, which is the same as a Dally Periodic Rate of N/A %. SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION VNXA72 (01.15rW HELOC Agreement (1.2) Page 2 eorrcr+efs InL'Wrs /� - ., AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't) ` ❑ Introductory Discount for Annual Percentage Rate /Daily Periodic Rate. Initially, during the discount period, the Annual Percentage Rate and Daily Periodic Rate applicable to my Account will not be the Annual Percentage Rate and Dally Periodic Rate shown above. The Introductory ANNUAL PERCENTAGE RATE is N/A °k, and the Introductory Dally Periodic Rate is N/A °k. The Introductory Annual Percentage Rate and Daily Periodic Rate applicable to my Account will be in effect from the First Draw Date through the first NL billing cycles. Thereafter, beginning on the first day of The next billing cycle, the Annual Percentage Rate and Daily Periodic Rates shown above will apply. Each Annual Percentage Rate disclosed above includes only interest and not other charges. 10. Fees. I agree to pay certain fees and charges ("Fees') as provided below. I agree that Lender may charge these Fees to my Account and include these Fees in my Principal Balance, except as otherwise provided in this Agreement. Fees will not be refunded if my Account is closed for any reason, unless required by law. Loan Fees. t agree to pay the following Loan Fees In connection with my Account. If I do not pay the Loan Fees in cash when I open my Account, funds may be advanced from my Account to pay these Loan Fees at the time I take my First Draw. Loan Fees Paid to Lender. 1 . $ 150.00 Document Preparation Fee Loan Fees Paid to Third Parties. $ 1493.75 Title Insurance Fee $ 350.00 Appraisal Fee $ 42.50 Recording /Releasing Fees RE Additional Fees. I also agree to pay the following Additional Fees on my Account. These Fees are an additional kind of i FINANCE CHARGE. These Additional Fees will appear on my first Monthly Statement in the "FINANCE CHARGE" box. Additional Fees Paid to Lender. $ 10850.00 Points Additional Fees Paid to Third Parties. $ 59.00 Tax Service Fee Account Fees. If checked, Lender may charge the following Fees to my Account: ❑ Initial Annual Fee. Lender may charge an Annual Fee on my Account on my first Monthly Statement. The initial Annual Fee Is $ ULA ❑ Subsequent Annual Fee. Lender may charge a subsequent Annual Fee on my Account on each annual anniversary during my Draw Period. The subsequent Annual Fee Is $ ttA Q Late Fee. I may have to pay a Late Fee as more fully described in Section 34. 0 Returned Check Fee. I may be required to pay a Returned Check Fee as more fully described in Section 35. ❑ Reconveyance Fee. I may be required to pay a Reconveyance Fee as more fully described In Section 36. 11. Payment Options. Each month I must pay at least the Minimum Payment shown on each of my Monthly Statements by the payment due date. I may make larger payments on my Account at any time and in any amount, but I still must make any Minimum Payment due for the month(s) following that larger payment. The larger my payments, the smaller the total Finance Charge I will have to pay over the term of this.Agreement. I may pay the Total Balance on my Account In full at any time; however, I may be required to pay a Prepayment/Termination Fee, as provided in Section 33. ❑ Percent of New Balance Option. Under this option and subject to any balloon payment below, my Minimum Payments will be due monthly and will include any Past Due Amounts and any Late Fee and any Returned Check Fees assessed for the billing cycle, plus a Current Payment equal to ALA ___2 of the sum of the Principal Balance, the finance charges, and any credit Insurance premiums assessed for the current billing cycle, ❑X Assumed Term Option. Under this option and subject to any balloon payment below, my Minimum Payment will be due monthly and will include a Current Payment equal to an amount that would amortize the Principal Balance and the Finance Charge to be earned on my Principal Balance over an assumed term of 21L years (the 'Assumed Term') in substantially equal amounts each billing cycle, plus any Past Due Amounts and any credit insurance premiums, any Late Fee, and any Returned Check Fees assessed for the billing cycle. During my Draw Period, if my Principal Balance changes because I take a Draw and /or Fees are charged to my Account or if my Annual Percentage Rate changes (other then an adjustment resulting from the expiration of an Introductory Raley, my Current Payment will be adjusted at the end of the billing cycle in which the change occurs to an amount that would amortize my Principal Balance and the Finance Charge to be earned on my Principal Balance in substantially equal amounts each billing cycle over my Assumed Term; however, the due date of any balloon payment below will remain the same. During the Repayment Period, each time my Annual Percentage Rate is adjusted or an advance is made from my Account pursuant to this Agreement, my Current Payment will also be adjusted to an amount that would amortize my Principal Balance and the Finance Charge to be earned over the remainder of my Assumed Tenn; however, the due date of any balloon payment below will remain the same. If the Current Payment determined under either payment option above is less than a 50.4(1 . my Current Payment will equal � sn_nn. or the New Balance shown on my Monthly Statement, whichever is less. �- ❑ Balloon Payment. If 1 only make the required Current Payments on my Account, they will not be sufficient to repay my Total Balance. I will then be required to pay my remaining Total Balance in a single "Balloon Payment" on N/A MOMMMAYIYEAit i SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION () I Initials UNXF61 (04.17-05) HELOC Agwm°nt (3d) Pep Bortovmes AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't) Allocation of Payments. Account payments will be applied first to any Late Fee, then to any Returned Check Fee, any credit life insurance premiums billed (where applicable), any credit involuntary unemployment insurance premiums billed (where applicable), then to finance charges assessed on my Account, and finally to the Principal Balance of my Account, unless otherwise required by law. Credit Insurance premiums are billed as of the Billing Cycle Closing Date as defined in Section 12 below. Form of Payments. I must make my payments by check, money order, or similar instrument payable in U.S. funds and drawn an a financial institution located in the U.S. I may not mail Lender cash or use a Check (see Section 7 above) to pay Lender; however, I may make my payments in cash in person at any of Lender's offices. I agree not to send Lender payments marked "paid in full," "without recourse," or similar language unless those payments are marked for special handling and sent to Lender's office servicing my Account. Where to Send My Payments. I must send my payment to Lender's Address listed on my Monthly Statement. Payments that Lender receives at Lender's Address by 3 PM each business day will be credited to my Account as of the date of receipt. Payments that Lender receives at Lender's Address after this time will be treated as received by Lender on the next business day. Payments received at any other location will be credited no later than five (5) days after Lender receives them to be credited. I will be sure to include my payment coupon with my payment. if I fail to include my payment coupon, my payment may not be credited to my Account for up to five (5) days. Delayed crediting may cause me to incur a Late Fee and/or i additional finance charges. First Payment Due Date. If your account has a balance as of the closing date, your first payment due date will be 11 15 jm MONTNlDAYNEAR 12. Monthly Statements. Lender will bill me for payments due on my Account, every month, by sending me a billing statement, called a Monthly Statement. The period of time covered by each Monthly Statement is called a "Billing Cycle." My first Billing Cycle begins on the Date of Agreement. The last day of each Billing Cycle is called the "Billing Cycle Closing Date." Each Monthly Statement will show the activity on my Account during the Billing Cycle. The day of the month when each payment will be due is shown after the words "Payment must be received on or before" (the "Payment Due Date"). Each Monthly Statement will show the Billing Cycle Closing Date, the Payment Due Date for the Billing Cycle, and certain other required information. Lender will send each Monthly Statement to the Borrower's address listed at the top of page 1 of this Agreement, called "Borrower's Address." When Lender Will Send My Monthly Statements. Lender will send me a Monthly Statement for each Billing Cycle in which: (1) Lender charges a Finance Charge; (2) Lender charges a Fee; (3) there is any other activity on my Account; or (4) the law requires that Lender send me a Monthly Statement. Billing Errors. t should review each Monthly Statement carefully and advise Lender in writing of any errors within sixty (60) days of the Billing Cycle Closing Date, as more fully explained on the Billing Rights Statement that accompanies this Agreement. 13. When Lender May Prohibit Subsequent Draws or Reduce My Credit Limit. To the extent permitted by applicable law and as provided in the Agreement, Lender may prohibit Subsequent Draws or reduce my Credit Limit if: (a) The value of the Property decreases significantly below the appraised value of the Property. The appraised value of the Property is the value shown by Lender's most recent appraisal of the Property (the "Appraised Value "); or (b) Lender reasonably believes that I will be unable to make my Minimum Payments on time because of a material adverse change in my financial circumstances; or (c) I am in default of a material obligation under this Agreement. A material obligation includes, but is not limited to, my promise: (t) to notify Lender immediately should there be an adverse change in my credit or financial condition; (ii) to give Lender updated financial or credit information upon request; (iii) not to permit any lien to be filed against the Property that will be superior to Lender's Security Interest; and (iv) not to exceed my Credit Limit; or (d) Government action: (i) prevents Lender from charging any Annual Percentage Rate provided under this Agreement; or (ii) adversely affects the priority of Lender's Security Interest in the Property to the extent that the value of Lenders Security Interest is less than 120% of my Credit Limit; or (e) When the maximum Annual Percentage Rate under this Agreement Is reached: or (f) Lenders' regulators consider Subsequent Draws to be an unsafe and unsound lending practice: or (g) 1 ask Lender to reduce or limit my Subsequent Draws; or (h) Any event listed in Section 15 below occurs. How to Reinstate My Account. Lender will reinstate my Account during the Draw Period if: (1) t ask Lender in writing to reinstate; (2) 1 pay any credit report fees and any appraisal fee Lender incurs to update Lender's credit information about me; (3) Lender agrees that the reason that caused Lender to prohibit Subsequent Draws or reduce the Credit Limit no longer exists; and (4) there Is no other reason for Lender to prohibit Subsequent Draws or reduce my Credit Limit. Lender may require that all Borrowers sign any request to reinstate. 14. Required Property Insurance. I am required to maintain hazard insurance on the Property in types and amounts acceptable to Lender ( "Required Insurance "). 1 have the option of providing the Required Insurance through an existing policy of insurance owned or controlled by me, or through a policy to be obtained and paid for by me. I may purchase this Required insurance through'any Insurerj I nsurance anent, or broker of:mv choice that is acee able to Lender. Lender may for reasonable Cause decline any m§iurance pruvido d by ine. Required Insurance is not avo labtq for purchase through Lender. Required Insurance must: (a) insure the Property against all risks of physical damage, including loss by fire and other hazards for the ! term of the Agreement; (b) have terms and amounts satisfactory to Lender, (c) name Lender as loss payee or mortgagee; (d) not permit the addition of any other loss payee or mortgagee to the insurance policy unless Lender consents in writing; (e) provide that such insurance will not be canceled or modified without at least fifteen (15) days prior written notice to the loss payee or mortgagee; and (f) not include any disclaimer of the insurer's liability for failure to give such notice. I agree to provide Lender with satisfactory proof of my Required Insurance. I agree to keep my Required Insurance in force until all amounts that I owe Lender under this Agreement and the Security Instrument are paid in full, my Account is terminated, and Lender releases or discharges the Security Instrument. In case of damage to or loss of the Property, I agree to give prompt notice to Lender and the insurance carrier. If 1 fail to promptly notify or make proof of toss to the insurance carrier, Lender may (but is not required to) do so on my behalf. I agree that Lender may use any insurance proceeds to reduce the amounts that I owe under this Agreement and the Security Instrument. I authorize Lender to adjust my losses and sign my name to any check, draft, or other papers necessary to obtain such insurance payments. if insurance proceeds paid to Lender do not satisfy all amounts that I owe Lender under this Agreement and the Security Instrument, I remain responsible for payment of the balance of any amounts due under this Agreement and the Security instrument. ,r SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION fi f UNXF6I (414 - 17{15) NELOC Agwemenl (34) Paged 9orrovefs InRiais AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (Con't) If, at any time, I fail to buy or keep in force my Required Insurance, Lender may (but Is not required to) purchase Insurance at my expense to protect Lender's interest in the Property. I agree that Lender may, at its sole option, cancel this insurance and that Lender has a security interest in any unearned premiums from such insurance and I hereby assign to Lender any rights I may have to said unearned premiums and I authorize and appoint Lender as my attomey -in -tad to cancel the insurance and apply the unearned premiums to reduce my Account upon cancellation of said insurance. I agree that this insurance may, but need not, protect my interests. The coverage purchased by Lender may not pay any claim I make. I agree that the cost of insurance purchased by Lender may be much more than the Cost of insurance 1 Could have obtained on my own, and I agree that the cost of such insurance may, to the extent permitted by law, be added to my Principal Balance and accrue finance charges. I authorize Lender to purchase the insurance required by this Agreement. l understand that lender or its affiliate may earn a profit from the purchase of this insurance, to the extent permitted by applicable law. 15. Default. To the extent permitted by applicable law, I will be in default of this Agreement if: (a) 1 rile for, or my creditors place me in, bankruptcy and I fail to meet the repayment terms of this Agreement; or (b) I do not make any Minimum Payment by the Payment Due Date or otherwise fail to meet the repayment terns provided for in this Agreement; or (c) I commit fraud or materially misrepresent any information with regard to my Account, including, but not limited to, material misrepresentations In my credit application, financial statements that I make to Lender, or any correspondence or discussions that 1 have with Lender about my Account; or (d) Any action or inaction by me adversely affects Lender's Security Interest in the Property, for example: (i) I transfer title to the Property or sell the Property without Lender's prior written permission; (li) I do not maintain Required Insurance on the Property; (ii) i do not pay, when due, taxes that would become a lien on the Property: (w) I am the only Borrower and 1 die; (v) 1 do not maintain the Property, I abandon the Property or 1 commit waste or otherwise destructively use the Property; (vi) a lien that is superior to Lender's Security Interest is filed against the Property, or a lien that is subordinate to Lender's lien is filed against the Property and that lien adversely effects the Property or Lender's rights in the Property; (vii) the Property is taken by condemnation or eminent domain; (viii) the Property is foreclosed upon by another lien holder; (ix) another creditor attempts to enforce a judgment against the Property; (x) I use the Property illegally such that the Property could be seized; or (xi) I move out of the Property; or (e) One of two Borrowers dies and Lender's Security interest is adversely affected thereby. (For Kansas residents only. Lender believes the preceding events would significantly impair the prospect of payment, performance, or realization of collateral. Except for a default resulting from my failure to make any payment as required by this Agreement, the burden of establishing the prospect of such significant impairment is on the Lender.) If I default, Lender may, subject to providing required notices and right to cure: (a) prohibit Subsequent Draws and; (b) reduce my Credit Limit and; (c) close my Account and require me to pay Lender the Total Balance right away and; (d) foreclose on my Property. If 1 default and Lender hires an attorney who is not Lender's employee to collect my Account, I will pay Lender's collection costs, including court costs and foreclosure costs and reasonable attorney's fees, to the extent permitted by applicable few, All of Lender's rights and remedies shall be cumulative and nonexclusive with respect to each and every Borrower or Co- Borrower obligated under this Agreement. 16. When Lender May Close My Account. If I am in default, Lender may close my Account and require me to pay the Total Balance Immediately, after providing me any notice of default and opportunity to cure required by applicable law, If I am in default, Lender first may choose to take other action, such as prohibiting Subsequent Draws or reducing my Credit Limit; however, unless Lender reinstates my Account, Lender does not give up Lendefs right to close my Account and require me to pay Lender the Total Balance immediately, even if I do not default again. if Lender closes my Account and requires me to pay Lender the Total Balance right away, I must pay the Total Balance I owe Lender immediately, Until I pay Lender in full, the Principal Balance will continue to accrue finance charges at the rate disclosed in this Agreement, or the maximum rate allowed by applicable law, whichever is less. 17. Closing My Account. Except as otherwise provided in this Agreement, I may close my Account at any time by calling Lender at Lender's Telephone Number and sending a written request to Lender's Address. Lender will close my Account when Lender receives my notice. If more than one person signs this Agreement as a Borrower, any Borrower's request to close the Account will be treated as a request to close this Account by all Borrowers. Lender may not honor any Check Lender receives after Lender receives my notice. if I close my Account, I must stop using it immediately and pay the Total Balance I owe Lender, Until I pay Lender in full, Lender will charge finance charges on the Principal Balance of my Account. I 18. Credit information. I must notify Lender immediately if there is any adverse change in my credit or financial condition. I I will provide Lender with updated financial or credit Information when Lender requests It. Lender may get consumer reports from consumer reporting agencies when Lender reviews my Account, i 19. Notices. Lender will send me any notice required by this Agreement or by law to Borrowers Address. I will tell Lender in writing if Borrower's Address changes. If Lender mails me a letter, notice, or statement to Borrower's Address, Lender can �. assume that I have received it. If 1 send Lender a notice or letter, I must send it to Lender's Address or any other address Lender specifies in my Monthly Statement. 20, Tax Deductions. Lender ties made no promises to me nor advised me in any way whether the Finance Charges and Fees are "interest" that 1 may deduct on my tax returns. I should consult a tax advisor about deducting Finance Charges and Fees on my tax returns. 21. No Transfer. I will not transfer or assign any of my rights under this Agreement. Lender may transfer or assign any or all of Lender's rights under this Agreement. 22. Telephone Calls. Lender may listen to or record Lender's telephone calls with me for quality control purposes. Lender may use and i consent to the use of automated telephone equipment or prerecorded telephone calls to contact me about my Account, to the extent allowed by law. If I have a telephone answering device, Lender may leave messages about my Account , or about additional opportunities and promotions on this device. 23. No Waiver. Lender may choose to delay enforcing any of Lender's rights or waive any of Lenders rights under this + Agreement. Lender may delay enforcing or waiving any of Lender's rights without affecting Lender's other rights. If Lender waives a right, Lender can still enforce the same right later. SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION UNXT41 (06- 0505) HELOC Agroemam (5-6) Page 5 a0fi0vRr8 )nfSIDYs ; AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't) 24. Lender's Errors. Lender does not intend to charge or collect any interest, charge, or fee that is more than the law allows. If Lender Charges or collects any amount over what the law allows, Lender will apply the excess amount first to the Principal Balance due on my Account as a partial prepayment without any Pro payme nt/Termi nation Fee. If I have paid my Account in full, Lender will refund any excess amount. If any part of this Agreement is finally determined to be unenforceable under any law, rule, or regulation, all other parts of this Agreement still are valid and enforceable. 25. How Lender May Change This Agreement. Subject to any state law requirements, Lender may change the terms of this Agreement if: (a) I have already agreed to the change in this Agreement; (b) I agree to the change in writing at the time Lender requests it; (c) the change unequivocally will benefit me during the remaining term of this Agreement; or (d) the change is i insignificant (such as changes relating to Lender's data processing systems). 26. Entire Agreement. This Agreement, together with all documents executed at the same time, contain the entire agreement of the parties concerning the subject matter hereof, and no party hereto has relied upon any representations except such as are specifically set forth herein. 27. Broker Representations. Borrower acknowledges that any broker involved in the transaction is not Lender's agent, and Lender is not bound by any of the broker's representations. 28. Release of Security. Lender is not obligated to release the Security Instrument on the Property unless there are no longer any amounts owing to Lender under this Agreement and unless I Indicate to Lender in writing that I want to terminate my Account. I: r 29. Not applicable. 30. Not applicable. 31. Miscellaneous. I waive the defenses of presentment, notice of dishonor, and protest, if any, to the enforcement of this Agreement and any Security Instrument. Time Is of the essence of this Agreement. If any provision of this Agreement shall be adjudged or deemed invalid, illegal, or unenforceable, such provision shall be deemed stricken from this Agreement and the remainder of the Agreement shall be construed as if such provision had never been included. Plural words shall be construed in the singular and singular words in the plural as their context may require, or as required to give effect to the terms of the Agreement. I agree to cooperate in executing any extension or statement of maturity of the Security Instrument securing this Agreement. 32. Arbitration Agreement and Waiver of Jury Trial. (See following pages). j j SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION I The following notice applies if the proceeds of this loan will be applied in whole or substantial part to a purchase of goods from a seller who either refers consumers to the Lender or who is affiliated with the Lender by common control, contract, i or business arrangement: !I NOTICE: ANY HOLDER OF THIS CONSUMER CREDIT CONTRACT IS SUBJECT TO ALL CLAIMS AND DEFENSES WHICH THE DEBTOR COULD ASSERT AGAINST THE SELLER OF GOODS OR SERVICES OBTAINED WITH THE PROCEEDS HEREOF. RECOVERY HEREUNDER BY THE DEBTOR SHALL NOT EXCEED AMOUNTS PAID BY THE DEBTOR HEREUNDER. ..... .. .... _�__..... IrWo ackhawlmge that myfaur monthly scheduled payrnants,:under mylour Agreement with Lender do not include payrri ri s for property lax s (or..speciat: assessments) & prem for insurance Csiuering the property. There are !L escrovierimpound e Agreement, .I/We agree to make required payments) to the appropriate taxing authority and /or insurance provider as they are duo UNx742 (0"5 -05) HELOC Agreomo I (5.6) .. ... .. Pape 6 awrorers rnaials AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (CO1111) ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL DESCRIPTION OF ARBITRATION. Atbitration is a method of resolving claims and disputes between parties without having, to file a lawsuit In eaUtL t s a proc @sa in which troth <ides present IhaircaseAo a neutral third person —the arbitrator— Instead of a judge of jury, to resolve the dispute. TO THr FULLEST EXTENT PERMITTED 13Y LAW, BY SIGNING THIS AGREEMENT, BOTH LENDER AND I ARE VOLUNTARILY WAIVING ANY RIGHT TO A JURY TRIAL OR JUDGE TRIAL OF ALL CLAIMS AND DISPUTES COVERED BY THIS AR131TRATION AGREEMENT ( "this Arbitration Agreement "). CLAIMS AND DISPUTES COVERED: Except for those claims mentioned below under the heading '`MATTERS NOT COVERED BY ARBITRATION "Lender and t agree plat either party may elect to resolve by BINDING ARMTOATION 1511 claims and dlspiitos between us { "Covered Claims This includes, but Is not limited to, all claims and disputes arising out of, in connection with, brtoiat)ng tot My loan from Lender today; any previous loan from Lender and., any previous retail. credit agreamortt ( "Retail. Contract") whether open or closed -end, assigned to Lender all documents, promotions; advertising, actions; or: omissions relating to this or any previous loan or Retail Contract Inado by or assigned to Landor any lnsumhce product, service contract, or warranty purchased in connection with.thls orany ptevious, loan Wkeloil Cuniinet made by or assigned to Lender, any product or service offered to customers stomers with any assistance of involvement by Lender; whether the claim or dispute. must' ba arbitrated; the:vallt ity: and enforceability.. of this! Arbitration, Agreement and the e Agieemcrrd, my understanding of them; or any defenses as to the valldity :and anforr ea of Itie Agreement and this Arbitration Agreement; any negollations between Lender and ma . the closing, servicing „collecting; of enforcement of any transaction covered by thls Agreement; any oilegatlorl of fraud_ or misrepiresentalton; any claim based on or arising undbr any federal, state; or local law, statute, regulation, ordinance; or rule; tiny claim based oil stale or federal property laws; any claim based on the improper dlsclOsure of any information protected under stale or federal consumer privacy laws: any claim or dispute based. an any alleged tort (wrong), including intentional torts; and any claim for injunctive; declarntary,'er equitable'relief. COVERED CLAIMS AGAINST tHIRO PARTIES. This Arbitration Agreement also covers any claim or dispute between me and any of Lender's employees, officers, agents, or directors; any or its atflliale corporations; any entities which provided Insurance in connection with this or any previous transactions between me and Lender, any third parties that assigned Retail Contracts or other agreements to Lender; and any of the employees, officers, agents, or directors of such affiliates or third parties. Affiliate corporations are Lenders parent corporations, subsidiary corporations, and sister corporations. Some of Lender's affiliates are American General Finance Corporation, American General Financial Services, Inc., Merit Life Insurance Co., and Yosemite Insurance Company. In addition, if lender becomes a party in any lawsuit that 1 have with any third party, whether through Intervention by Lender or by motion made by me or any third party, all claims in that lawsuit between me and the third party will be subject to binding arbitration under this Agreement, provided that the third party is required to agree to resolve such claims by arbitration. MATTERS NOT COVERED BY ARBITRATION. I agree that Lender does not have to Initiate arbitration before exercising lawful self -help remedies or l ualcial remedies al gomis ment,. repossession, replovin, :or forcclosure,'but Instead may proceed in court for those judicial m readI0$ (an "Excluded Collateral Lawsuit "), I may assert in tburt any defenses t may have to Lendoes.claims in such a lawsuit, but any claim or Counter claim -Tor tosoission ar'dar4reges I may have:arlsing out of, relating to, of in connection with Lender's exercise of those remedies must be arbitrated. inslea i of pursuing arbitration, either Lender or I also have the option to bring:a lawsuit in court to seek to recavei an amount vihfch does not ,0CCed the total sum of x;000:00 (including costs and attorneys' fees), Provided that no relief other than such recovery is requested . in such lewsult (ors "Excluded Damages Lawsuit "), it an Excluded .Oamopes•.Lawsun Is filed, the other party cannot require that the claims in that lawsuit be.arbitrated, An E=xcluded Damages Lawsuit can be brought to recover.money for myseif 4r Lender only, not for any class of group of pers6n4 having simHar claims, if such nn.Exchided Damages Lawsuit is filed by me.or, Lender, send arty patty to , {hat Iavrault.Gtes ail r3 counterclaim,: cross - claim: or Ihlid -party claim seeking to recover Meta than $5,000, then that. '1 claim,. counterclaim; cross- clo)r1t, -Of 11 party Claim must be arbitrated in accordance with the procedures sat Earth in this Arbitration i Agreement. Neither l nor Lender shall be deemed to have waived any arbiitration rights by the fact Of having exorcised any self-help or Judlclaf remedies of garnishment reposse replevin at. - foreclosuro or,by having filed arty claims In court seeking to recover a total sum of $5,000.00 or less. ARBITRATION RULES AND PROCEDURES. A. ARBITRATION FORUM AND RULES. The arbitration will be conducted under the rules and procedures of the National Arbitration Forum ( "NAF ") that Are 16 effect at the time oribitraticn is started and under the rules set forth in this Arbitration Agreement. At my request, Lender will.pmvida me a copy of the NAF Rules: If l lose my copy, Lender will give me anothavone'If I ask for it. I may aiso oblafn' copy Of those fules'by calling NAF at 1-800 -474 -2371 of by reviewtng NAF 5' °web site et.wnvwArbdorpm.rAm: In the ayont that NAF Is either unable; uny jilrig, or deemed not a0ptoprfateby a court to resafvc a Coveted.Cialm, at I object to the NAF for good cause. theft Lander and agree to submit all d1sp6tes to the MVIcan Arbitration �Assooiation ('AAAA) for proceedings conducted pursuant to the:AAA's :Camrrlcrcldl Rules and Flxpedlted Procedures, If there is a conflict bawken ,tha'rulcs of the NAF. (or the AAA) and this Arbitration. Agreement, this Arbitration Agreement will govern. B. SELECTION OF ARBITRATOR. NAF maintains lists of approved arbitrators. NAF will provide Lender end me each a list of seven (7} possible arbitrators. Lender and I witl each have an opportunity to strike three (3) persons from that list. I will make the first strike, and Lender and I will alternate in making strikes after that. After the last strike, the remaining person shall then serve as arbitrator. C. STARTING ARBITRATION. Before 1 start arbitration. I agree to write to Lender at the address shown for Lender In this Agreement. unless I have received notice of a new address for Lender, and I agree to give Lender a reasonable opportunity to respond and resolve any errors. in my letter, I will give the following information: my name and account number, a description of my claim or dispute and why I believe Lender has made an error, the dollar amount of my claim or dispute, and a description of any other information I need from Lender. Before Lender starts Off Arbitration, It must: write to me at my billing address; describe its claim or dispute; state the dollar amount of its claim or dispute; and g•IVa me a reasonable opportunity to resolve the claim or dispute. it a Covered Claim cannot be resolved in the foregoing.ittannor, either Lender or i can start arbitration. Except as described in Paragraph E below, nothing in this Arbitration Agreement shall limit the erbhratoes abllify to enforce any of my Eighty or Impose any remedies available to me under any applicable consumer protoMfon (ays. or regulations. to start An atbitratlon, Lander.aml i agree to follow the rules of the NAF (or, if applicable, the rules of the AAA). D. COSTS OF ARBITRATION. The NAF and AAA charge certain fees in connection with arbitration proceedings they conduct. I may have to bear some of these fees; however, if I buts not'able'to.pay such fees or think they are too high, Lender will consider any reasonable request to bear the cost. Lender will also bear any costs Lender is required to bear by law or the terms of any other agreement with me. Each party will also pay for its own costs, including fees Tar attorneys, experts, and witnesses, unless otherwise provided by law or by the terms or any other agreement between the parties, to the extent permitted by applicable law. E. CONDUCT OF PROCEEDINGS. In conducting the artbiltattdn proceedings, the arbitrator shall be bound by the Federal Rules of Evidendti however, tho.tederai or any state rules of procedure or discovery Shah not bind the arbitrator. The arbitrators findings, reasoning, decision, and award.shall be set forth in writing and shall be based upon and be consistent with the law of the jurisdiction that applies to the loan of other agreement between. Lander and ma: The arbitrator must.abldo by all applicable laws protecting the attorney - client privilege, the attorney work product doctrine; or any other applicable privileges. SEE REVERSE SIDE FOR ADDITIONAL ARBITRATION TERMS /J t UNXrt21 (1.16-05) HELOC Aaroumnal 0-6) Papa 7 0olfovR(S Initlels f ARBITRATION AGREEMENT AND WAIVER OF JURY TRIAL (con't) F. ENFORCEMENT AND APPEAL OF DECISION. The decision and judgment of the arbitrator shall be final, binding, and enforceable in any court having jurisdiction over the parties and the dispute; however, for Covered Claims involving more than $100,000, any party may appeal the award, at its own cost, except as provided by law, to a three - arbitrator panel appointed by the NAF or AAA, as the case may be. That panel will reconsider from the start any aspect of the initial award that either party'nsserts was' incbfrectly decided. The decision of the panel shall be by majority vote and shall be final and binding, except as provided below. Th'e arbl"toen (or panel's) findings, decision, and award shall be subject to judicial review on the grounds set forth in 9 U.S.C. § 10, as well as on the grounds that the findings, decision, and award are manifestly inconsistent with the terms of this Arbitration Agreement and any applicable laws or rules. l G. LIMITATION OF PROCEEDINGS. Lender and 1 further agree that the arbitrator will be restricted to resolving only the claims, disputes, or controversies between Lender and me and the other parties covered by this particular Agreement (and not by similar ! agreements). Arbitration is not available and shall not be conducted on a class -wide basis or consolidated with other claims or demands of other persons. I agree not to participate In a representative capacity or as a member of any class of claimants pertaining to any Covered Claim. H. LIMITATION OF ARBITRATOR'S AUTHORITY: The arbitrator may award punitive damages only under circumstances where a court of competent jurisdiction could award such damages. In awarding any punitive damages, the arbitrator must abide by all applicable state and federal laws regarding the amount of such damages, and the arbitrator must state the precise amount of the punitive damages award. The arbitrator must also conduct a post -award review of any punitive damages, allowing the parties the same procedural rights and using the same standards and guidelines that would apply in a judicial proceeding in the state where the arbitration is conducted. The arbitrator may award injunctive relief that would benefit either Lender or me in connection with resolving a Covered Claim between Lender and me, but the arbitrator may not award injunctive relief for (he benefit of other persons or groups of persons who are not named parties to the arbitration proceeding. 1. LOCATION OF THE ARBITRATION. The arbitration will take place in the county where I live unless Lender and 1 agree to another location. If Lender and 1 agree, all or a portion of the arbitration proceedings can be conducted by telephone conference. i J. ENFORCEMENT IN COURT. Nothing in this Arbitration Agreement shall prevent either Lender or me from enforcing all rights under this Arbitration Agreement if a Covered Claim is filed in court. K. FORUM SELECTION CLAUSE. If either Lender or 1 need to file a lawsuit to enforce this Arbitration Agreement or to pursue claims that either may or may not be arbitratable under this Arbitration Agreement, the exclusive venue for that suit will be a state court located in the county where Lenders office is located or where I sign this Agreement, or in the federal court covering that county, unless the governing law requires suit to be filed in another location. Nothing in this paragraph shall prevent either Lender or me from enforcing its or my rights under this Arbitration Agreement if the Covered Claim is filed In court. ADDITIONAL INFORMATION. I may obtain additional Information about arbitration by contacting the National Arbitration Forum, Inc., at P.O. Box 50191, Minneapolis, Minnesota 55405_ (B00. 4742371 (Telephone)). (812631.0802 (Fax)). www.arb- forum.com (e- mail), OTHER IMPORTANT AGREEMENTS. Lender and I agree: (a) This Arbitration Agreement does not affect any statute of limitations or claims of privilege recognized at law. (b) The loan and insurance transactions between Lender and me and other applicable parties are transactions Involving interstate commerce, using funds and other resources from outside the state. (c) The Federal Arbitration Act applies to and governs this Agreement. State arbitration laws and procedures shall not apply to this Agreement; (d) This Agreement applies to and runs to the benefit of Lenders and my assigns, successors, executors, heirs, and/or representatives. (e) If any term of this Arbitration Agreement is unenforceable, the remaining terms are severable and enforceable to the fullest extent permitted by law. (f) This Arbitration Agreement supersedes any prior arbitration agreement that may exist between Lender and me and can only be modified in writing signed by the parties. (g) This Arbitration Agreement applies even if my loan has been cancelled, changed, modified, refinanced, paid in full, charged off, or discharged or modified in bankruptcy. 1 AGREE TO READ THIS ARBITRATION AGREEMENT CAREFULLY, BECAUSE IT LIMITS CERTAIN OF MY RIGHTS, TO THE EXTENT PERMITTED BY LAW, INCLUDING MY RIGHTS TO BRING A COURT ACTION, TO HAVE A TRiAL BY JURY, AND TO PARTICIPATE IN A CLASS ACTION OR CLASS ARBITRATION. BY SIGNING THIS AGREEMENT, 1 ACKNOWLEDGE THAT 1 HAVE READ AND RECEIVED A COPY OF THIS ARBITRATION AGREEMENT AND AGREE TO BE BOUND BY ALL OF iTS TERMS. SEE FOLLOWING PAGE FOR ADDITIONAL INFORMATION I s^ • VhxH22 (146.05) MELOC ABmement (7.6) Pegs a Borrowers Inilials ` AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT (con't) 33. Pre paymentfTermination Fee. QX If checked and if (i) I pay the Total Balance on my Account within dR months after the Date of Agreement and (ii) I terminate my Account, I agree to pay a prepayment/termination fee equal to a_n of the amount of my original Credit Limit ('Prepayment/Termination Fee'). There will be no Prepay ment/i"ermination Fee if: (a) my Account is refinanced or consolidated by Lender or its affiliate; (b) my Account is prepaid with insurance proceeds; (e) my Account is prepaid as a result of lawsuit, foreclosure, or acceleration; (d) Lender disapproves a request for assumption and exercises its rights under a due on sale clause, and imposition of the Prepayment/Termination Fee is prohibited by applicable law; or (e) my Account is terminated more than ,6D- months after the Date of Agreement. ❑ If checked, there Will be no prepayment/termination fee. 34. Late Fee. If I fail to pay in full the Current Payment within _15 days after the Payment Due Dale, Lender may charge a Late Fee equal to 10.00 %ofthe amount of the payment. 35. Returned Check Fee, If I make a payment on my Account by a check or other instrument that is returned to Lender unpaid for any reason, Lender may charge a Returned Check Fee of $2,L. . 36. Reconveyance Fee. Not applicable. ' 37. Due on Sale. If all or any pari of the Property or any interest in it is sold or transferred without Lender's prior written 1 consent, Lender may, at its option, require immediate payment In full of all sums secured by the Security Instrument; however, l this option shall not be exercised. if the exercise of this option by Lender is prohibited by federal law as of the date of the Security Instrument. • ' If Lender exercises this option, Lender will give me notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If I fail to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the I 1 Security Instrument without further notice or demand on me. l; 38. Governing Law. The laws of the stale where the Property is located and federal law govern this Agreement. f ;i E SEE ADDITIONAL PAGES FOR IMPORTANT INFORMATION t C ' t i 3 Y 4 PAXT21 (03 -0606) HELOC Agroemenl (9.10) Ng. 9 9orrp,ger's lntha s ' AMERICAN GENERAL HOME EQUITY LINE OF CREDIT AGREEMENT Icon't) BY SIGNING BELOW, I SIGNIFY THAT I HAVE READ, UNDERSTOOD, AND AGREED TO THE TERMS AND CONDITIONS OF THIS AGREEMENT, INCLUDING THE ARBITRATION AGREEMENT THAT PROVIDES, AMONG OTHER THINGS, THAT EITHER LENDER OR 1 MAY REQUIRE THAT CERTAIN DISPUTES BETWEEN US BE SUBMITTED TO BINDING ARBITRATION. IF LENDER OR I ELECT TO USE ARBrTRATIDN, WE AGREE THAT WE WILL HAVE THEREBY WAIVED OUR RIGHTS TO TRIAL BY JURY OR JUDGE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THAT THE DISPUTE WILL BE DECIDED BY AN ARBITRATOR, AND THAT THE DECISION OF THE ARBITRATOR WILL BE FINAL ARBITRATION WILL BE CONDUCTED PURSUANT TO THE RULES OF THE NATIONAL ARBITRATION FORUM, EXCEPT AS OTHERWISE PROVIDED IN THE `. ARBITRATION AGREEMENT. MAROT (9-12-01 I agree that, as of the date first written above ('the Date of Agreement'), I have received and read a fully completed, legible copy of this Agreement, the Truth in Lending Insurance Disclosures, a copy of the Security Instrument, the Privacy Notice, and two copies of a Notice of Right to Cancel (if applicable), and agree to be bound thereby. If you do not meet your contract obligations, you may lose your house, the property that you bought with this loan, other household goads and furniture, your motor vehicle or money in your account with us. CAUTION: IT IS IMRORTANT THAT I THOROUGHLY RM R ' THE CONTRACT BEFORE I SIGN IT. 1r: L.S. wlltness. ; i�c�rra er 0 SOLIDER. x xr rr + » L.S. Wltnless t.50 OWdr RARLA D SOUDE Co- akor Print Name: L.S. C1 -Maker Print Name: f t 7 "A TW (030,106) IIELOC AOreamem (9 -10) F'eQa 10 i I MY BILLING RIGHTS - I WILL KEEP THIS NOTICE FOR FUTURE USE This notice contains important information about my rights and Lenders responsibilities under the Fair Credit Billing Act. I Will Notify Lender In Case of Errors or Questions about My Bill. If I think my Bill is wrong, or if I need more information about a transaction on my Bill, I will write Lender on a separate sheet at the Inquiry address shown on my Bill. I will write to Lender as soon as possible. Lender must hear from me no later than sixty (60) days after Lender sent me the first Bill on which the error or problem appeared. I can telephone Lender at 7172635493 , but doing so will not preserve my rights. In my letter, I will give Lender the following information: 1) My name and Account number. I: 2) The dollar amount of the suspected error. 3) Describe the error and explain, if I can, why I believe there is an error. If I need more information, describe the item 1 am unsure about. If I have authorized Lender to pay my Account Bill automatically from my checking or savings account, I can stop payment on any amount I think is wrong. To stop payment, my letter must reach Lender three (3) business days before the automatic payment is scheduled to occur. My Rights and Lenders Responsibilities after Lender Receives My Written Notice Lender must acknowledge my letter within thirty (30) days, unless Lender has corrected the error by then. Within ninety (90) days, Lender must either correct the error or explain why Lender believes my Bill was correct. After Lender receives my letter, Lender cannot try to collect any amount 1 question, or report me as delinquent. Lender cannot continue to bill me for the amount 1 question, including Finance Charges, and Lender can apply any unpaid amount against my Credit Limit. I do not have to pay any questioned. amount while Lender is investigating, but I am still obligated to pay the parts of my Bill that are not In question. If Lender finds that Lender made a mistake on my Bill, 1 will not have to pay any Finance Charges related to any questioned amount. If Lender didnl make a mistake, I may have to pay Finance Charges, and I will have to make up any missed payments on the questioned amount. In either case, Lender will send me a statement of the amount I owe and the date that it is due. If I fail to pay the amount that Lender thinks I owe, Lender may report me as delinquent. However, if Lenders explanation does not satisfy me and I write to Lender within ten (10) days telling Lender that I still refuse to pay, Lender must tell anyone Lender reports me to that t have a question about my Bill. And, Lender must tell me the name of anyone Lender reports me , to. Lender must tell anyone Lender reports me to that the matter has been settled between us when it finally is. If Lender doesn't follow these rules, Lender can't collect the first $50 of the questioned amount, even if my Bill was correct. I 3 I. •I I i VNX03% (0904 -05) O.e NOO- of 8-111-9 Rights Borrowers''Initials 06- 27 -'13 16:00 T -143 P0021/0026 F -222 appendix "A" The Address of: 321 Firehouse Road, Shippensburg, PA 17257 And is described as follows: All that certain tract of land improved with a 1971 Skyline mobile home, situate in South Newton Township, Cumberland County Pennsylvania, more particulazly bounded and described as follows: Beginning at a point in the center of Leg. Rta. 21007 at a railroad spike at the comer of lands now or formerly of Donald R. Reath: thence by the center of the said L.R. 21007 along the lands now or late ofDbnald R. Reath North 4 degrees U fninutes 54 secortds East,53:22:feet to.arailroad;s ikeo thence--"by the.center of.the:said! told iutd:the lands nova flr:late offtnald°R. Reath North 15 degree$ 20 minutes 48 seconds East 200 feet to a rttiiroad. spilcei rthence:by the certter;ofthe:said maul and the.lan -6 now :or late ofDonald P. lteatiftith 23 degr §.18 minutes 34 seconds East 225: feet to ti railroad spike. thence by the lands of Rufus E. Fink end Pearl L. Fink, his wife, South 63 degrees 55 minutes 59 seconds East 231.84 feet to an iron pin; thence by lands now or formerly of Harold G. Nenninger South 32 degrees 31 minutes 28 seconds West 126.86 feet to an iron pin: thence by the said lands now or formerly of `Rarold 0. Neitnibger, South 47 degrtes:14 minutes 55 seconds West 286 feet to an iron pipe: thence by the said.Iands now or.formerly of :Harold Wenningsr South 56 degrees 59 minutes 55 seconds West 91 feet to a: nlroad`spilcttli4 poitti aitd plane of beginning. Containing a total area of 1,6024 acres and being designated as Lot 42 pursuant to a survey entitled Land Subdivision for R.E. Fink, dated October 18, 1977, prepared by a Carol D. Bert, Registered Surveyor, and recorded in Cumberland County Plant Book at Pate Being the same which Rufus E. Fink and Pearl L. Fink, his wife, by their decd dated May 4, 1978, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Bood "U", Vol. 27, at Page 938,'conveyed to Ronald E. Shriner, Jr. and Wanda M. Shriner, the Grantors herein. r. 11 ... 021.7.A 82/ 1 U 7 ?3188 2452 9 /27/2 011 BEING THE SAME PREMISES THE TITLE TO WWCH BECAME VESTED ON THE MORTGAGORS )MREIN BY DEED OF: GRANTOR: Ronald E. SWner Jr. DEED DATE: 11 /7/1988 RECORDED IN COUNTY OF: Cumberland VOLUME: Q33 PAGE: 954 6 2547701 EXHIBIT "B" ACT 91 NOTI TAKE ACT ION TO SAVE YOUR H OME FROM FORECLOSURE Date: September 20, 2012 To: Jolui L. Bouder 321 Firehouse Road Shippensburg, PA 17257 This is all official notice that the mo t a e on your home is in default, and the lender intends to foreclose Snecific information about the nature of the default is provided in the attached pages The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM .HEMAPI may be able to help to save your home This Notice explains how the program, works To see if HFMAP can hell), you must MEET WITH A CONSUMER CREDI COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with thte Counseling _Agency The name address and phor e inu mbc:r o f Consumer Cred C«unselin r_Ag cncies s erving v�ur Count are listed at the end of this Notic () have at eld est o ri8�you -ma call the Penns lyg is 1 lotts M Finance t1 M cal t_1 800 - 342 -2397 1'c� �r»�vith in arir (jcarjn clan call Ll7) 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 NOTHFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUSS AFECTA SU DERECIIO A CONTINUAR VI.VIL<'NDO EN SU CASA. SI NO COMP.RENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRA.DUCCION INMEDIATAMENTE LLAMAN DO F.STA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS At., NUMERO MENCIONADO ARRIBA. PUEDE SEE ELEGIBLE PARA UN PRESTAMO POR EL PROGRA lTA LLA1bIADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU 212136 Act 6 -91 NEW 120920 doc EXHIBIT "C" CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPO'TECA. HOMEOWNER'S NAME(S): JOHN L. BOUDER and KARLA D. BOUDER PROPERTY ADDRESS: 321 Firehouse Road Shippensburg, PA 17257 LOAN ACCT. NO.: 400W ORIGINAL LENDER: American General Consumer Discount Company CURRENT LENDER/SERVICER: Springleaf Financial Services of Pennsylvania, Inc. fica American General Consumer Discount Company HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAI.I ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WTI "II THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1.983 (THE "ACT "), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: • IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, • IT YOU HAVE A REASONABLE PROSPECT OF BEING AISLE TO PAY YOUR MORTGAGE PAYMENTS, AND • IF YOU MEET OTHER ELIGIBILITY RL QUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. T EMPORARY STAY OF FORIa; 1,0S.UIIE -- Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the (late 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. 'I1-I1S MEETING MUS "I' OCCUR WITHIN THIRTY- THREE. (33 DAYS OF THE DATE, OF THIS NOTICE. IF YOU DO NOT AF'!!iY FOR EIM H iEN ;MO ,A Qt . 13S[S TANQF,, YO M US l 1 3RING YOUR MORTGAGE UP TO DATE. THE PART ..OF THI ,NOTICIj „C;ALLED "t-TOW TO CURT; YQUR MORTGAG D EFAU LT ", IIXPLAINS HOW W B RING YOU MOR.1'QAQE UP'[() DA'L'E CONSUME It CIW -DIT (OCJNSI I.,.I:N(' AGI +,NC'1.I +S -- if you traect with one caf the c on5unrer credit counseling agencies listed at the end. of this notice, the lender riiay NOT t .rke action against you for thirty (3(1) days :rftcr the date of tltz "s ineetiii The p tin ,._ W( re scs aped tele ? -nhon xi urnhe... of tle rxa tc c(, or 4r t cr re d col inl cgli g dgq!1gi for tht.. _COLT lty._rri„svhich._th 1�rt�perty s loo ted pa re set 2121I6 Ac( 6-41 NEW 120420 d;)c forth at the end of this N otice . It is only necessary to schedule one face -to -face meeting. Advise your lender immediately_ of your intentions, APPLICATION FOR MORTGAGE ASSISTANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed I-fomeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE .POST MA RK DATE OF THIS NOTICE; AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF' THAT MEETING, THEN TILE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY. AS EXPLAINED ABOVE, IN THE SECTION CALLED " TIsMPORAR.YS7AYOF'FORECLOSURE". YOU HAVE THE RIGHT TO FILE A .IIEIIIAP APPLICATION EVEN BEYOND THESE TIME PERIODS ALA T E APPLICATION WILL NOT PREVENT THE LENDER FROM STAR TING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANYTIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY AC'T'ION -- 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 Peru I- lousing 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 rriet 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 PETI'T'ION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFOR1bTATION PURPOSES ONLY AND SHOULD NOT BE C:ONSIDEI.tED AS AN ATTEMPT TO COLLECT TIIE DEIST. (If you have tiled bankr you can still app for Emergen Mortgage Assistance.) 212136 Act 6 -91 NEW I20920,doc ITOW TO CURE YOUR MORTGAGE Dt#AULT (Turing it up to date) NATURE OF THE DEFAULT -- The MORTGAGE debt held by the above lender on your property located at: 321 FIREHOUSE ROAD, SHIPPENSBURG, PA 17257 IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: $614.03 DUE FOR JULY 2012 AND $1.575.74 DUE FOR AUGUST AND SEPTEMBER 2012 = $3.765.51. Other charges (explain/itemize): ; $19$ 05 17tJ1 FOR z1ATI CHARGES F012 JULY 2012 PLUS $9,501.41 DUE FOR T;AXLS PAID FO.R.201.0 and 2011 = 9.699A TOTAL AMOUNT PAST DUE $13,464.97 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: (Do not use if not appli 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 $13,464.97 PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Pa nients must be made either b cash cashier's check certified check or money order made payable and sent to Springleaf Financial Services of Pennsylvania, Inc., fka American General Consumer Discount Company 801 Wayne Avenue Chambersburg, PA 17201 Attn: Stacey Dorman, Manager You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: ( Do not use if not applicable 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 212136 Act 6 -91 14EW 120920 doc 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 re uired 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. RIGIIT TO CURE THE DEFAULT PRIOR TO silltRl Fle'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, y still have the right fc cure the default aid ntevent the sale at any time uta to one hour before the Sheriffs Sale. Yc }c to y do so by pa.y�nL _the tc t l an taunt tlfen past due, )II. air late�o , other dh es ,t hen: du reasonable attorney's fe costs con�aee d with the '[ore ltasur sale and any other costs connected titl the Sl rtff s Sales 5pecifiet in writing by the lender and 11) perforrn:inr �tnothet requirernents u nder the most ) 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. F.,ARLIE`ST POSSIBLE SHERIFF'S ERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sate of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender.. 1 :10W TO CONTACT IME LENDER: Name of Lender: Soringleaf Financial Services of Pennsylvania. Inc., et al Andress: 801 Wayne Avenue Chatnbersbur... PA 17201 Phone Number: (717 ) 263 -5493 Fax Number: m (717) 263 -1033 Contact Person: Stacev Dorman, I Ilana -er E - Mail Address: N/A EFF ECT , OF SHERIFF'S SALE -- You should realize that a ShcrifCs 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 2.12136 ad 6-91 NEW 120920dM Sheriffs Sale, a lawsuit to rernove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF 1YIORTGAGF, -- You may or KX, may not (CHECK ONE) 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 MAX 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. (HO \VEVER, YOU DO NOT HAVE THIS RIGHT TO CURF_, 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 1NSTITU'TED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION Y T I IIE I,,'ENDER. • TO SEEK. PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY - SEE ATTACHED LIST ,tLill in a list o all Counse'>1i17 T11-F- C!)CJNTY- "irt which the p i r pert ; is 4watot' usin rid irx re'v if ��i raysa . SEE ATTACHED SHEET. Via Regular Mail, Certificate of Mailing Certified Mail, Return Receipt Requested 471.96 9008 91. 15 5227 6648 2.12136 Act 6 - 91 NEW 120920 doc FOX AND FOX ATTORNEYS AT LAW, P.C. 706 One Montgomery Plaza Norristown, P.A 19401 Attn: Craig H. Fox., Esquire (610) 275 -7990 (610) 275 -2866 fax CC: PHFA -HEMAP (via telefax (877) 207 -0205) You have the right to dispute the validity of the debt. Unless you, within thirty days after receipt of this letter, dispute the validity of the debt, or any portion thereof, we will assume that the debt is valid. If you notify us in writing within thirty days, after receipt of this letter, that the debt or any portion thereof is disputed, we will obtain verification of the debt or a copy of any judgment against you representing the debt and a copy of such verification or judgment will be mailed to you. Upon your request directed to this office within thirty days after the receipt of this letter, we will provide you with the name and address of the original creditor, if different from the current creditor. If, within 30 days from the date of this Notice, the debt or any portion thereof is not disputed, or if payment is not received or if arrangements to pay are not made, the creditor may exercise its legal rights against you to collect the debt. To make payment arrangements, please call the creditor directly. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. THIS FIRM MAY BE CONSIDERED A DEBT COLLECTOR AT'TEMP7'1NG TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT, AND SHOULD NOT BI CONSTRUED TO BE, AN ATTEMPT TO COLLECT A. DEBT, BUT MERELY AS A PROCEEDING '7'O ENFORCE A VALID LIEN AGAINST PROPERTY 'WHICH LIEN SURVIVES BANKRUPTCY DISCI-IARGE. 2121:36 Act 6-91 NEW i2.092.0aoc HEMA Consu Credit Counseixn �.gencie,s _ _._w...:.,; CUMBERLAND County Report last updated: 09/10/2012 05:11 PM Advantage Credit Counseling Service/CCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 Harrisburg, PA 17104 888 - 511 -2227 717- 232 -9757 Housing Alliance of York /Y Mousing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717- 855 -2752 717 -762 -3285 PA Interfaith Community Programs Inc PHFA 40 E High Street 211 North Front Street Gettysburg, PA 17325 Hanrisburg, PA 17110 717- 334 -1518 717- 780 =3940 800- 342 -2397 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM F ORECLO S URE Date: September 20, 2012 'r o. Karla D. Bouder 321 Firehouse Road Shippensburg, PA 17257 This is an official notice that the mortgage on =our 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 111; M.AP may be able to help to save your home T his Notice explains how the program works To see if I-IEMA.P 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 Age.ncy 'rhe na me, address nand phony: numb of Consumer Credit Counseling A enflie.S. serK yoL1r Count: are listed at the end of this Nra �I t u have as. question vou c Jl tlae P enns :l.vCa��ie Ilousiri Finance_ A ;cn,.e . toll free g 1_8 - 34 (Pe rsons wit iznn aired hearing can call (717) 780-186 This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. ST NO COM.PRENDE +'.L CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRkSTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU 21213C Act NEW 120920 o CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): JOHN L. BOUDER and KARLA D. BOUDER PROPERTY ADDRESS: 321 Firehouse Road Shippensburg, PA 17257 LOAN ACCT. NO.: AMW ORIGINAL LENDER: American General Consumer Discount Company CURRENT LENDER/SERVICER: Springlcaf Financial Services of Pennsylvania, Inc. flea American General Consumer Discount Company HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE E.LIGTBLE FOR FINANCIAL .ASSI:STANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE.MORT'GAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (TIIE "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. '1'I IS MEETING MUST OCCUR WITi-IIN THIRTY- THREE, (33) DAYS OF THE DATE OF THIS NOTICE. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE. YOU .MIDST BRING YOUR MORTGAGE UP TO DATE. THE PART OF T111S NOTICE CALLED "H TO CURE YOUR MORTGAGE DEFAULT ", EXPLAINS HOW TO BRIN 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 na m es, _ . addresses and telephone number of designated consumer credit counseling agencies for the c ouply in which the property is located are set 212136 Ac; 6-91 NEW 120920 doe forth at the end of this N otice . It is only necessary to schedule one face -to -face meeting. Advise your Fender immedia of your intentions. APPLICATION FOR moRTGAGE ASSIS'T'ANCE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you. must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU IIAVE A NJEETING WITH A CO UNSELING A GENCY WITHIN 33 DA YS OF THE POST MARK DA TE OF THIS NOTICE AND FILE AN APPLICATION WITH PHFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BE TEMPORARILY PREVENTED FROM STARTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SECTION CALLED "TF.MPORAR Y STAY OF FORECLOSURE ". YOU HA l/E THE RIGHT TO FILE A HE MAP API'I:ICA.TION EVEN BEYOND THESE TIItTF P E R I O D S . A L A TE APPLICA TION WILL NOT PREVENT THE LENDER FROM STAR'T'ING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANY TIME BEFORE A SIIERIFI''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. _ .............. _ ..... __ .....__ ,.. _ ....... j�OTE,: 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 COLLECT THE DEBT. (If you have tiled ban kruptcy you c an stil apply for E mergenc y Mortgage Assistance.) 2 12; 36 Act 6 -91 N B P0920 dac HOW TO CURE YOUR MORTGAGE DEFAYJLT (Brim it t:n :t� date). NATURE OF `11E DEFAULT -- The MOR'T'GAGE debt held by the above lender on your property located at: 321 FIREHOUSE ROAD, SHIPPENSBURG, PA 17257 IS SERIOUSLY IN DEFAULT because: B. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: $614.0� FOR JULY 2012 AND $1_,575.74 DUE FOR AUGUST AND SEPTEMBE 2012:= $3.765.51 Other charges (explain/itemize): $ 198..05 DUE FOR LATE CI-tARGF5 FOR JULY :20.1.2 PI, IJS 9 50 tE FOR TAXrS PAJD FOR 2010 a.nd 2011 = 9 i TOTAL AMOUNT PAST DUE: 13 464 B. YOU HAVE FAILED TO "TAKE THE FOLLOWING ACTION: ( not use if not applicable. 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 $13_,464_97, PLUS ANY MOR'T'GAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE TI - ARTY (30) 'DAY PERIOD. Payments must be made either by cash, e ashi.er!s check. certified check or money order made. a_yable and sent to ;: Springleaf Financial Services of Pennsylvania, Inc., fka American General Consumer Discount Company 801 Wayne Avenue Chambersburg, PA 17201 Attn: Stacey Dorman, Manager You can cure any other default by taking the following action within 'ri -ARTY (30) DAYS of the date of this letter: ( not use i not alalical?Ic.) IF YOU DO NOT CURE THE DEFAUL) -- 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 snort a_t7e 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 212I36 Act 6 -91 NrW 120920,dnc 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 M(;«WMAGE 1S 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. RIG.I.IT TO CUItE TI - IE DEFAULT PRIOR TO rSI-I. MFF'S SALE -- if you have not cured the default within the THIRTY (30) .DAY period and foreclosure proceedings have begun, yQu still ._ have the ri ght t cure, the , default and prevent the sale at any time u« to one 13ohrr before the $ herilf's Sale. Yo mqy do so by pGiyin the total ahnount then bast du� a nY late or other 9 tLig iq es then due, reasonable attorney's fees and costs cormected with t he breclosure sale and any ether costs connected. with Sheriff s Sale as Gnec hfi_eei in writinc by the l ender and by perforhning j a -tlher 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. EA.RIAEST 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 (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: S ri.n. gleaf Financial Services of Pennsylvania, Inc.. et al Address: 80.1 Wayne Avenue Chambersbure. FA 1.7201 Phone Number: 717 263 -8493 Fax Number: 7171 263 -1033 Contact Person: Stacey Dorman, Manager E -Mail Address: NIA EFFI +;C`I' OF SHERIFF'S SALE 1, -- You should realize that a Sheriffs Sale will end your o�vnership of the mortg property and your right to occupy it. If you continue to live in the property after the 212,136 Ac! 0-91 NEW 120920 doe Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MO ZTGAGE -- You may or XX may not (CHECK. ONE) 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 IVI.AY ALSO HAVE TI-tE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR. TO BORROW MONEY FROM ANOTHER LET�rDING 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 RIGI T TO CURE YOUR DEFAULT MORE THAN THREE, TIMES IN ANY CALENDAR YEAR.) • TO ASSERT THE NONEXISTENCE .I OF A DEFAUL T v ANY FORECI.,OSURE PROCEEDING OR ANY OTHER LAWSUIT INS'T'ITUTED UNDER THE MORTGAGE DOCUMENTS. • TO ASSERT ANY OTHER. DEFENSE YOU BELIEVE YOU MAY HAVE TO SUC14 ACTION BY THE LENDER. • TO SEEK PROTECTION UNDER. TI-IE FEDERAL BANKRUPTCY LAW. CONSUMER. CREDIT COUNSELING AGENCIES, SERVING YOUR COUNTY — SEE ATTACHED I...IST liilf. in a list ra "t l'Corsreselin:? i erai ies livlod x Annentlix C FOR ?l11 C() T'Y in which l {ae. �rri �iprf : is Cc rxtcF {: rar rr = additional P ca = s if fieces -gar v ; SEE ATTACHED SHEET: Via Regular Mail, Certificate of Mailing Certified Mail, Return Receipt Requested 47196 9008 9115 5227 6655 2. 12i.36 Act 6 - 91 NEW i'_G920 doc: FOX AND FOX A'I FORNEYS AT LAW, P.C. 706 One Montgomery Plaza 'Norristown, PA 19401 Attn: Craig ff. Fox, .Esquire (610) 275 -7990 (610) 275 -2866 fax CC; PHFA -HEMAP (via telefax (877) 207 -0205) You have the right to dispute the validity of the debt. Unless you, within thirty days after receipt of this letter, dispute the validity of the debt, or any portion thereof, we will assume that the debt is valid. If you notify us in writing within thirty days, after receipt of this letter, that the debt or any portion thereof is disputed, we will obtain verification of the debt or a copy of any judgment against you representing the debt and a copy of such verification or judgment will be mailed to you. Upon your request directed to this office within thirty days after the receipt of this letter, we will provide you with the name and address of the original creditor, if different from the current creditor. If, within 30 days from the date of this Notice, the debt or any portion thereof is not disputed, or if payment is not .received. or if arrangements to pay are not made, the creditor may exercise its legal rights against you to collect the debt. To make payment arrangements, please call the creditor directly. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. THIS FIRM MAY BE CONSIDERED A DEBT COLLECTOR ATTEMPT fNG TO COLLFC1' A DEBT. ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PRFVIOUSLY RECEIVED A DISCHARGE.; IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT, AND SHOULD NOT BE CONSTRUED 'TO BE, AN ATTEMPT TO COLLECT A DEBT, BUT MERELY AS A PROCEEDING TO ENFORCE A VALID LIEN AGAINST PROPERTY, WHICH LIEN SURVIVES BANKRUPTCY DISCI.IARGE. 2 '2136 Ac; 6-91 NL;W i2092Q.dcc H.EMAP Cons umer Credit C oun s eli n Aces CUMBERLAND County Report fast updated: 09/10/2012 05:11 PM Advantage Credit Counseling ServicelCCCS of Western PA Community Action Commission of Capital Region 2000 Linglestown Road 1514 Derry Street Harrisburg, PA 17102 !Harrisburg, PA 17104 g, 717- 232 -9757 888- 511 -2227 [lousing Alliance of York/V Housing Resources Ibiaranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 7 717 - 762 -3285 17 - 855 -2752 PA Interfaith Community Programs Inc PHFA 211 North Front Street 40 E High Street Harrisburg, PA 17110 Gettysburg, PA 17325 717- 334 -1518 717 -780 -3940 800- 342 -2397 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE Date: September 20, 2012 To: Karla D. Bouder 105 Baker Russell Drive Shippensburg, PA 17257 This is, an offi jal.notice that the tfOrtal home is in default, and the lender intends to LI- --Y Our — foreclose. ,S Ct eaific information abolit t he nature of t h e defaul s provided in the attached na'ges. The 110MELOWNERIS EMI R.Gt(N-CY MORTG - ASSISTANCE, PROGRAM gjEM&El ma be able to help to - s . ave your home. Tfik Notice explains how the program works. TI' To. see if HE 4AP can lielli. you must MEET WI COAT- I A M1111" CREDIT COUNSELING. AG -ENCY V11111N 33 DAYS OF THE DATE OF T141S NOTICE. Take tljis-Notiqt-wifh �ftu what you meet With the .. Counseling. kgency • T'lie name,addeess an � rr r Credit COLinseli'iip,,Agencies.-serviiig your Co , ,Lre listed - at the end . of this , Notice: Ify-Pu )Rive any -Cluesti.01 Finance Agency toll free at 1-800-342-2397. (Per sons i nvited hearing can call 1 717) 780 - 186 9) ,. 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 NOTIFICAC16N EN ADJUNTO ES DE SUMA IMPORTANCIA., PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICAC16N OBTENGA UNA TRADUCC16N INMEDIATAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PRtsTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGF, ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU 2 ,121.16 Act 6.91 tIrW 120920Auc CASA DE LA PERDIDA DEL DERI.CHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): JOHN L. BOUDER and KARLA D. BOUDER PROPERTY ADDRESS: 321 Firchousc Road Shippensburg, PA 17257 LOAN ACCT. NO.: ORIGINAL LENDER: American General Consumer Discount Company CURRENT LENDER/SERVIC'ER: Springleaf Financial Services of Pennsylvania, Inc. fka American General Consumer Discount Company 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. TFm.PORARY .s'rA.'li OF CLOSURE -_ Under. the Act, yUu are entitled to a temporary stay of:fc(reclositre on your mo.rtgkige for thirty (30) days froni the date of this Notice (plus three (3) d ays r m . i'oailing). During that ti.tne you trust arrange wid a;tt.end a "face-to- face meeting with bne -,of the -consumer 'credii counnseling, agcncics listed at the end of this. Notice, "T 41S IV EI TING _MUS QCCUIt W'1THIN` T IIR`I'Y 'T`1�I12I+.T i<33) BAYS OF TI-II: DATE OF"THIS NOTICE, IF YOU DO NOT APPLY F l:;l\!1f.1Z .MUIZ`1_ ASS.IS1 �NC`l YOIJ..IvI.tJS 1. I31�.lI� Y()I tl2 ; I�%ORl`O 61 7,: UP TO DATE. TT I; PAR` QV "1T0 N(QTrCL�C i.l,l� ' l I ^0 7 O CLtRL YOUR 1ylORTCrt� -CrL DJ`F.A.IJI.I?' A :1N - fU��V 1"Q 13. 1�1NG YOI1R MO RTGAGE QP ` 0 QA'Tl3 -, 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. _i'he name add and telephone n of desienated consumer credit counseling; ag;r,ncies for..the c o Lqy in which the pro4 �etty _is located are set 212136 Act 6 -91 NEW 120920 doc forth at the e nd of this N otice . It is only necessary to schedule one face -t.o -face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTAN+CwE -- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). You have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lender from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty (30) days of your face -to -face meeting with the counseling agency. YOU SHOULD FILE A HEMAP APPLICATION AS SOON AS POSSIBLE IF YOU HAVE A MEETING WITH A COUNSELING AGENCY WITHIN 33 DAYS OF THE POSTMARK DATE OF .THIS NOTICE AND FIL.F, AN APPLICATION WITH PIIFA WITHIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL BF. TEMPORARIL Y PREVENT ED FRONT SIA.RTING A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED ABOVE, IN THE SE C 7 7 ON CALLED "TEMPORAR.Y STAY Of' FORECLOSURE' . YOU TIAVE TIIE RIGFIT TO FILE A IIEMAP.APPLICATIOI'4j_E LN BEYOND THESE TL'VIE PERIODS A LA' 1'EAPPLICATION WILL NOT PREVENT THE.LENDER FROH STARTING A FORECLOSURE ACTION, BUT IF YOUR APPLICATION IS .F,VENTUALLYAPPROVED AT ANY TIME BEFORE A SIIERIFF S SALE, THE FORECLOSURE WILL BE STOPPED. AGENCY ACTION -- Available funds for emergency mortgage assistance are very limited. T hey 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 1 inance 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 CONSIDERI?,D AS AN ATTEMPT TO COLLECT THE DEIST. (ft �ve filed ba y can sti apply for E Mortgage Assistance.) 21206 Act 6- -91 N1-1W 120920 doc 1i( -W '17.0 CURE QU'R MOWI' AGE DEFAULT fl Bring it up ;to slate } NATURE OF THE DEFAULT —The MORTGAGE debt held by the above lender on your property located at: 321 FIREIIOUS.E ROAD, SI- IIPP1,NSBL1RG, PA 17257 IS SERIOUSLY IN DEFAULT because: C. YOU HAVE NOT MADE, MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: L6 14.03 DUE FOR JULY 2012 AN D . 51,575 . 74 D UE FOR AUGUST AND SET' 1 LMEI2, 2012 = $3 765.51 Other charges (explain/itemize): 1 ?3 <O5 DUE FOR I,ATE. Qlf'J'Af 088s, FOR JULY 2; 12 Pf EIS $9,501.41 DUE FOR TAXES PAID FOR 20.1 and 2011. 9.699.46 TOTAL AMOUNT PAST DUE: S 13,40.97 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: ( not use if nova licable) HOW To CURE THE DEFAULT -- You may cure the default within THIRTY (30) i.lAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $13.46197, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD.. Pgymg s mast l)c made eith b`. cash. E as `tee's check, certified check or m oney order made , avable and sent to Springleaf Financial Services of Pennsylvania, Inc., fka American General Consumer Discount Company 301 Wayne Avenue Chambersburg, PA 17201 Attn: Stacey Dorman, Manager You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: ( not u s e if n IF YOU .DO NOT CURE `I imi DEFAitIj -- If you do not cure the default within THIRTY (30) DAYS of the date ofthis :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 212136 Act 6-9) NFV i2C420.ucc 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 FORE CLOSEM 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. ) "f you cure the default within the THIRTY (30) DAY period, you will not be required to pay, attorney's: fees OTHER LENDERREMEDIES -- 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 cum the default and p revent. the sale at any�tixne up to one hour before: -the Sheri ffs,Sale. You may do so by paying the total amount then fast 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 Sheriffs Sale as staeeticd in writiitg by the lender and b5�_nerfo_ y! ins an other .tegtriremciits under the wort a e. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIE POSSIBLE SlFLERIFF'S.SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE. LENDER: Name of Lender: Sarin 71eaf Financial .Services of Pennsylvania Inc, et al Address: 801 Wayne Avenue Chambersbure, PA 17201 Phone Number: 717 263 -8493 Fax Number: (717) 263 -1033 _- Contact Person: Stacey Dorman,.Mana er E -Mail :Address; N/A EFFECT OF SHERIFF'S SALE -- You should realize that a Sheriffs 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 212136 Act 6 -91 NEW 120920 doc Sheriffs Sale, a lawsuit to reprove you and your furnishings and other belongings could be started by the lender at any time. MS U�'IPTION OF MORTGAGE - You may or XX may not (CHECK ONE) 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 TIIIS DEBT. • TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO HAVE TIIE MORTGAGE RESTOR.IED 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 CAI.,ENDAR YEAR.) • TO ASSERT TI-[E NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED L L DER 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. CON a:I:JTWER CREDI.I' C, 0 U NS E:T. ING , AGENC.1ES S RVING YOV11 C0U.N'l'Y- SEE ATTACHED LIST Dill in a lisroL all tisted in .11 ? :enAy C X'OR TME1 CIQV YTY in.which the r4'3ert r rs hieafed usiLnA additztAnat . rr x i tr c cssrtr. . SEE ,ATTACHED SHEET: Via Regular Mail, Certificate of Mailing Certified Mail, Return Receipt Requested #71.96 9008 91.15 5227 6662 M136.Act6 1 1 4F IN 120420dcc. FOX AND PDX ATTORNEYS AI' LAW, P.C, 706 One Montgomery Plaza Norristown, PA 19401 Attn: Craig H. Fox, Esquire (610) 275 -7990 (610) 275 -2866 fax CC: PHFA -HEMAP (via telefax (877) 207 -0205) You have the right to dispute the validity of the debt. Unless you, within thirty days after receipt of this letter, dispute the validity of the debt, or any portion thereof, we will assume that the debt is valid. If you notify us in writing within thirty days, after receipt of this lettet, that :tlic debt or.any portion. thereof is disputed, we will obtain verification of the debt or acopy.ofatay ;udgn cnt a;ai Est vor representing the debt and a copy of such verification or judgment will be to filed too you; Up on your request directed to this office within thirty days (after the. receipt of this letter, w� :will prpvidC you with the name and address of the original creditor,. if different from the current creditor. If, within 30 days from the date of this Notice the debt or any portion thereof is not disputed, or if payment is not received or if arrangements to pay are not made, the creditor may exercise its legal rights against you to collect the debt. To make payment arrangements, please call the creditor directly. You are also advised that any information which you supply to this office may be used by us in the collection of the debt. THIS FIRM MAY BE CONSIDERED A DEBT COLLECTOR. ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION WE OBTAIN WILT. BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT, AND SHOULD NOT BE CONSTRUED TO ICE, AN ATTEMPT TO COLLECT A DEBT, BUT MERELY AS A PROCEEDING TO ENFORCE A VALID LIEN AGAINST PROPERTY, WHICH LIEN SURVIVES BANKRUPTCY DISCHARGE. 2 12 136 Act 6 91 NEW 120920,dcc : HEMAP Consu Credit Counseling A encies� CUMBERLAND County Report last updated: 09110(2412 05:11 PM Advantage Credit Counseling Service(CCCS of Western PA Community Action Commission of Capital Region 1514 Derry Street 2000 Linglestown Road Harrisburg, PA 17104 Harrisburg, PA 17102 888-511-2227 717 232 -9757 Housing Alliance of York/Y Housing Resources Maranatha 290 West Market Street 43 Philadelphia Avenue York, PA 17401 Waynesboro, PA 17268 717 -855 -2752 717- 762 -3285 PA Interfaith Community Programs Inc PITFA 211 North Front Street 40 F, High Street Harrisburg, PA 17110 Gettysburg, PA 17325 717- 334 -1518 717 -780-3940 800 -342 -2397 l t Postage Ln Certified Fee i r : Return Receipt Fee (Endorsement Required) r_- Postmark ru (fore � i w101 '('Safi rw, ifom °Otto b '.I :., . Total Post � Sent F"ot - -}' John L. 004911 321 Firehouse Uad L S hippensburg, PA 17237 I i I f I PS Form `db00 January 2005 US Postal Seruid6,v Certified Mal " Rec e i p t p € e� t I a s t.. i Postage Certified Fee LU i Return Receipt Fee . j r, ru r _� (Endorsement Required) .. Postma�•k (' ni L:n Fse trtcle'd Deg iver l 00 Here we "I bob eta I; aL 0 V 410 I s I a tro ; Total Poaf + n f " €a��d �-- ,- - ,,. ._. ............. Sent To: OE191 0 "lab my 1sola fit x ( . o Karla D. BoUder 32 Firehouse Road Er Shippenaburg, PA 17257 N 3 a I. PS Form 3800 January 2005 US Postal Serviciao�a`; Certified Mall * Receipt t UNITEDS f SERVICES Certificate Of Maili f ITI mCV J.3 us�- deT.E.11, Bn <i i(ILY „)a..aali � tram Craig H, Fox Esquire -- Y&i - a - nd FOX Attorneys at haw, P, CON ;`� CPO G5 T.: Karla D. Bo uder 105 faker Ru s_selL..Drj�}�.. Shippensburg, PA TO 0 PS Form 3817, April 2007 PSN 7530 -02- 000 -9065 UNITEDSTATES �► POSTALSERMEo Certificate Of Mailin T>;,, Cerl prate of Mato ,� rrm•r os twidrhre ha.. ms,! has been pru!.ectuc to T=L s ic'r i may be ",d b...to —SY1, and - Frem:Craig R. Fox, Esquire °= ..r....... v: ox an ox ttarneys at a �'`.C. �60 tN:�, its. 7.96 one — 1 - Tc. Karla D Boud g� , 321 Firehou Roa _. Shippensburg, PA MR ,.. _ NS Form 3817. April 2007 PSN 7530.02 -000 -9065 U NITEDSTATES POSTALSERVICEe Certificate Of Mailin (:eri:ti of t la;iir:g Lei ovida , uviderirE: "Al has Ue.:i+ pm: er:ted to U &P:,'t%l mania. nis fo:n may be uceJ ford ;mesbc 5nd ntta( ^.a0nna: ma# r -,: Craig H. Fox, Esquire ." _ .. - F"o °x" " "`Fox �torneys �t haw, P.G __...R rr-IS [:O.z ,.....U— To: John L Bouder 321 Firehouse Road ;tea in t Shippensburg, PA 1725. a PS Form 3817, Apri': 2007 PSN 7530 - 02.000 -9065 � COMPLETE THIS SECTION ON DELIVERY X ( FWt 0W M Once of t)uftrtrry yol 1; 9.Q 0A 91 � 5' J 2 2,7 6 6 6 2` & , nnlo d addrase bnkxv ;� gMu 4 3: 8etv7f cEAfnRED mAII:" 4, R &!!fti3d 17eihmry7 (Elora i— Ailicle Addressed to: aObuoU, .v 3 "fit 002 P, S FOrm `389f, Jeitua�y 2a05' t # r t)orix��tEc Ropm Flowfg .r V E R I F I C A T I O N The undersigned hereby states that he is a representative of plaintiff in the within captioned action; that I am authorized to make this Verification on its behalf; and that the facts set forth in the foregoing Civil Action Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. I understand that the statements made herein are subject to the penalties of 18 Pa.C.S., Section 4904, relating to unsworn falsification to authorities. Dates. 07/15/13 Name: Sara L. Lambert Title : Assistant Secretary i SHERIFF'S OFFICE OF CUMBERLAND COUNTY"' `LED-0FFIf;E Ronny R Anderson 1a j'f; PRO T�#aF (�Tt Sheriff � at � 2013 AUG 23 PM 2: 2b Jody S Smith � Chief Deputy " . Y Richard W Stewart CUMBERLAND CC UN Solicitor OFF ICE OF TA SNERIFr PER N SY LVA N I A Springleaf Financial Services of Pennsylvania, Inc. Case Number vs. John Bouder(et al.) 2013-4208 SHERIFF'S RETURN OF SERVICE 07/22/2013 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Karla D Bouder, but was unable to locate the Defendant in the Sheriffs bailiwick.The Sheriff therefore deputizes the Sheriff of Franklin, Pennsylvania to serve the within Affidavit according to law. 07/23/2013 Ronny R Anderson, Sheriff, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: Occupant, but was unable to locate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Complaint in Mortgage Foreclosure as"Not Found" at 321 Firehouse Road, South Newton Township, Shippensburg, PA 17257. Residence is vacant. 07/23/2013 08:20 PM -Sheriff Ronny R Anderson, being duly sworn according to law, states that the within requested Complaint in Mortgage Foreclosure is being returned"Not Served"at 36 Running Pump Road, North Newton Township, Newville, PA 17241. Deputies were advised by the defendant that he filed Bankruptcy, Case No. 1:13-6K-01853. 08/05/2013 10:12 AM-The requested Complaint in Mortgage Foreclosure served by the Sheriff of Franklin County upon Robert W. Ocker, Father of defendent, who accepted for Karla D Bouder, at 105 Baker and Russell Drive, Shippensburg, PA 17257. Dane Anthony, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $99.62 SO ANSWERS, (jZ, x August 21, 2013 RON R ANDERSON, SHERIFF {c}CountySuite Shoriff,Teleosoft Inc. i jLED- f�FICE7 y G:\10100\10100.66\10100-66 PRAECIPE TO REINSTATE.DOC OF THE PRO i HONO AR 3 FOX AND FOX ATTORNEYS AT LAW, P.C. 7013 AUG 30 PM : 22 BY: CRAIG H. FOX, ESQUIRE CUMBERLAND COUNTY Identification No. 49509 PENNSYLVAIJA 706 One Montgomery Plaza Attorney for Plainti Norristown, PA 19401 (610) 275-7990 (610) 275-2866 fax SPRINGLEAF FINANCIAL SERVICES COURT OF COMMON PLEAS OF PENNSYLVANIA, INC. fka CUMBERLAND COUNTY, PA AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 601 NW 2°d Street Evansville, IN 47708 No. 2013-4208 CIVIL VS. i JOHN L. BOUDEi.R 36 Running Pump Road . Newville, PA 17241 And KARLA D. BOUDER 105 Baker Russell Drive Shippensburg, PA 17257 PRAECIPE TO REINSTATE COMPLAINT i TO THE PROTHONOTARY: i Kindly reinstate the Complaint filed in the above matter. FOX AND FOX ATTORNEYS AT LAW, P. C. i By. raig Fox, AV t ney for Plaintiff O Q 6(I.`15Pjate � - agst o? i SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson {\ 9 Sheriff 4t .; � Jody S Smith ' � � � g , t� 03 Chief Deputy Richard W Stewart ``' ;E- Solicitor COUNTY Solicitor OFFiCE CU PE�E�SYI.����1A Springleaf Financial Services of Pennsylvania, Inc. Case Number vs. 2013-4208 John Bouder(et al.) SHERIFF'S RETURN OF SERVICE 09/05/2013 11:49 AM- Deputy William Cline, being duly sworn according to law, served the requested Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Ruby Bouder, Mother, who accepted as"Adult Person in Charge"for John Bouder at 36 Running Pump Road, North Newton Township, Newville, PA 17241. IA CLINE, DEPUTY SHERIFF COST: $41.56 SO ANSWERS, b - September 06, 2013 RbNW R ANDERSON, SHERIFF (0 CountySuito Sheriff,Teleosoft,Inc, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVA6V 1 •") CIVIL DIVISION �� PRAECIPE FOR WRIT OF EXECUTION t^,SERLOI! Springleaf Financial Services t ���`�/� f of Pennsylvania, Inc., fka, et al ❑Confessed Judgment Plaintiff : ❑Other VS. File No, 2013-4208 CIVIL John L. Bouder and Karla D. Bouder Amount Due $233,539.81 Defendant Interest &,LM 6• Z4-13 1- be Address: Atty's Comm 321 Firehouse Road Costs Shippensburg, PA TO THE PROTHONOTARY OF THE SAID COURT: 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 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County,for debt, interest and costs,upon the following described property of the defendant(s) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County,for debt, interest and costs,as above,directing attachment against the above-named garnishee(s) for the following property (if real estate,supply six copies of the description;supply four copies of lengthy personally list) and all other property of the defendant(s)in the possession,custody or control of the said garnishee(s). [� (Indicate) Index this writ against the garnishee(s)as a lis pendens against real estate of the defendant(s)described in the attached exhibit. c) Date ii-/- Signature: p s /I Print Name: Craig H. Fox, Esquire �,( f —1 ^ �` Address: 706 One Montgomery Plaza �" r J fn (� [ Norristown, PA 19401 v` L �C"' 1( I/ Attorney for: Plaintiff 6,g '� J (` l ' Telephone: (610) 275-7990 \1 . 1S I , `C t 1 / Supreme Court ID No: 49509 74), poi at 36) • 1..C3 t. st.Lt, irst-çoicH Act ur G:\10100\10100.66\10100-66.SS.DOC if ; ) it; FOX AND FOX ATTORNEYS AT LAW, P.C. ` .) [%'g+ 2 Fr 2: J BY: CRAIG H. FOX, ESQUIRE ;l.it':Er L ND C8UN i;)t Identification No. 49509 PENNSYLVANIA 706 One Montgomery Plaza Attorney for Plaintiff Norristown, PA 19401 (610) 275-7990 (610) 275-2866 fax SPRINGLEAF FINANCIAL SERVICES COURT OF COMMON PLEAS OF PENNSYLVANIA, INC. fka CUMBERLAND COUNTY, PA AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 601 NW 2nd Street Evansville, IN 47708 • No. 2013-4208 CIVIL vs. JOHN L. BOUDER • 36 Running Pump Road • Newville, PA 17241 • And KARLA D. BOUDER 105 Baker Russell Drive • Shippensburg, PA 17257 • AFFIDAVIT PURSUANT TO RULE 3129. 1 ,2 , 3 SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA, INC. , fka AMERICAN GENERAL CONSUMER DISCOUNT COMPANY, plaintiff in the above-captioned action, comes by its attorney and sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property located at 321 Firehouse Road, Shippensburg, PA 17257 (see property descriptions attached) . 1 . Name and address of Owners or Reputed Owners : Name Address (if address cannot be reasonably ascertained, please so indicate) Karla D . Bouder 105 Baker Russell Drive Shippensburg, PA 17257 John L. Bouder 36 Running Pump Road Newville, PA 17241 2 . Name and address of Defendant in the judgment : Name Address (if address cannot be reasonably ascertained, please so indicate) Karla D. Bouder 105 Baker Russell Drive Shippensburg, PA 17257 John L. Bouder 36 Running Pump Road Newville, PA 17241 3 . Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: a) Cumberland County a) 1 Courthouse Square Tax Claim Bureau Old Courthouse (717) 240-6366 Carlisle, PA 17013 b) Domestic Relations of b) 13 N. Hanover Street Cumberland County P.O. Box 320 (717) 240-6225 Carlisle, PA 17013 c) South Newton Township c) P.O. Box 11 (717) 530-7626 Walnut Bottom, PA 17266 d) Big Spring d) 45 Mount Rock Road School District Newville, PA 17241 (717) e) Shippensburg Bor. Auth. e) P .O. Box 129 (water) Shippensburg, PA 17257 (717) 532-2147 f) PA Dept . of Public f) Bureau of Child Support Welfare Enforcement P.O. Box 8018 Harrisburg, PA 17105-8018 g) PA Dept . of Revenue g) The Bureau of Compliance Attn: Sheriff Sale Section P.O. Box 218230 Harrisburg, PA 17128-1230 h) Donna Brobst, Local h) 32 West Main Street tax collector Walnut Bottom, PA 17266 i) Southampton Township i) 200 Airport Road (Trash service) Shippensburg, PA 17257 j ) Portfolio Recovery j ) 1835 Market St . , Suite 501 Associates, LLC Philadelphia, PA 19103 4 . Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) a) Springleaf Financial a) P.O. Box 969 Services of Pennsylvania, Evansville, IN 47706 Inc, et al b) The Secretary of Housing b) The Wanamaker Building and Urban Development 100 Penn Square East of Washington DC Philadelphia, PA 19107-3380 5 . Name and address of every other person who has any record lien on the property: Only those listed in 3 and 4 above . 6 . Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale : Name Address (if address cannot be reasonably ascertained, please so indicate) Only those listed in 3 and 4 above . 7 . Name and address of every other person of whom the plaintiff has knowledge that has any interest in the property which may be affected by the sale : Name Address (if address cannot be reasonably ascertained, please so indicate) Only those listed in 3 and 4 above . I verify that I am the attorney for the plaintiff, Springleaf Financial Services of Pennsylvania, Inc . , fka American General Consumer Discount Company, in this action; that I am authorized to take this Verification on their behalf ; and that the statements made in this Verification are true and correct to the best of my personal knowledge, information and belief . I understand that false statements herein are made subject to the penalties of 18 Pa. C . S . Section 4909 relating to unsworn falsification to authorities . Date: ,14661d-/_ Crag . . Fox Ate. ney for Plai iff FOX AND FOX ATTORNEYS AT LAW, P.C. ,'t E r; BY: CRAIG H. FOX, ESQUIRE ;-Identification No. 49509 N ' `' 706 One Montgomery Plaza Attorney for P401##F.a. o Norristown, PA 19401 PENNSYLVANIA (610) 275-7990 (610) 275-2866 fax SPRINGLEAF FINANCIAL SERVICES • COURT OF COMMON PLEAS OF PENNSYLVANIA, INC. fka CUMBERLAND COUNTY, PA AMERICAN GENERAL CONSUMER • DISCOUNT COMPANY 601 NW 2nd Street Evansville, IN 47708 • No. 2013-4208 CIVIL vs. •• JOHN L. BOUDER 36 Running Pump Road •• Newville, PA 17241 And KARLA D. BOUDER 105 Baker Russell Drive •• Shippensburg, PA 17257 •• ACT 91 CERTIFICATION I, Craig H. Fox, Esquire, attorney for plaintiff , Springleaf Financial Services of Pennsylvania, Inc . , fka American General Consumer Discount Company, being duly sworn according to law, depose and say that to the best of his knowledge, information and belief, a notice of possible eligibility for the emergency mortgage assistance program was sent to the defendant at his address, pursuant to Act 91 of the 1983 on September 20, 2012 . Plaintiff has not been notified of any action by the Pennsylvania Housing Finance Agency which would bar it from proceeding with this foreclosure under Act 91 . C' IG .' FOX Auto ey for Plaintiff Sworn to and subscribed before me this `1 day of , 2 13 . No ry Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL UbIiC LOTS S.FOX,Notary Norristown Borough,Montgo mery County My Commission Expires May 20,2017 i ; FOX AND FOX ATTORNEYS AT LAW, P.C. ti _ ' f 7 c BY: CRAIG H. FOX, ESQUIRE ,<< 1;L� A `'OU`Y ,, Identification No. 49509 P`tiJN ' ��, (I A 706 One Montgomery Plaza Attorney for Plainti t. Norristown, PA 19401 (610) 275-7990 (610) 275-2866 fax SPRINGLEAF FINANCIAL SERVICES • COURT OF COMMON PLEAS OF PENNSYLVANIA, INC. fka CUMBERLAND COUNTY, PA AMERICAN GENERAL CONSUMER DISCOUNT COMPANY 601 NW 2nd Street • Evansville, IN 47708 • No. 2013-4208 CIVIL vs. JOHN L. BOUDER 36 Running Pump Road • Newville, PA 17241 • And • KARLA D. BOUDER • 105 Baker Russell Drive • Shippensburg, PA 17257 • NOTICE OF SHERIFF' S SALE OF REAL PROPERTY To: John L. Bouder 36 Running Pump Road Newville, PA 17241 Karla D. Bouder 105 Baker Russell Drive Shippensburg, PA 17257 Your real estate located at 321 Firehouse Road, Cumberland County, Shippensburg, PA 17257 (See property description attached) is scheduled to be sold at Sheriff ' s Sale on Wednesday, March 12, 2014 at 10 : 00 a.m. , at the Cumberland County Courthouse, Carlisle, PA, to enforce the presently outstanding court judgment of $233 , 539 . 81, plus interest at the contract rate and costs, obtained by Springleaf Financial Pennsylvania, Inc . , fka American General Consumer Discount Company, against you. LEGAL PROPERTY DESCRIPTION ALL THAT CERTAIN tract of land improved with a 1971 Skyline mobile home,situate in South Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of Leg. Rte. 21007 at a railroad spike at the corner of lands now or formerly of Donald R. Reath; thence by the center of the said L.R. 21007 along the lands now or late of Donald R. Reath North 4 degrees 38 minutes 56 Seconds East 53.22 feet to a railroad spike;thence by the center of the said road and the lands now or late of Donald R. Reath North 15 degrees 20 minutes 48 seconds East 200 feet to a railroad spike;thence by the center of the said road and the lands now or late of Donald R. Reath 23 degrees 18 minutes 34 seconds East 225 feet to a railroad spike; thence by the lands of Rufus E. Fink and Pearl L. Fink, his wife, South 63 degrees 55 minutes 59 seconds East 231.84 feet to an iron pin; thence by lands now or formerly of Harold G. Nenninger South 32 degrees 31 minutes 28 seconds West 126.86 feet to an iron pin; thence by the said lands now or formerly of Harold G. Nenninger, South 47 degrees 14 minutes 55 seconds West 286 feet to an iron pipe; thence by the said lands now or formerly of Harold Nenninger South 56 degrees 59 minutes 55 seconds West 91 feet to a railroad spike the point and place of beginning. CONTAINING a total area of 1.6024 acres and being designated as Lot#2 pursuant to a survey entitled Land Subdivision for R.E. Fink, dated October 18, 1977, prepared by Carl D. Bert, Registered Surveyor, and recorded in Cumberland County right of way Plan Book , Page BEING Parcel No. 41-11-0304-026. BEING THE SAME WHICH John L. Bouder and Karla D. Bouder, by Deed from Ronald E. Shriner, Jr. and Wanda M. Shriner, husband and wife, by their attorney-in-fact Lois A. Miller, dated 11/7/1988 and recorded 11/9/1988 in Record Book 33 page 954. IMPROVEMENTS: Single family two story contemporary NOTICE OF OWNER' S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF' S SALE 1 . This sale will be canceled if you pay the judgment to Craig H. Fox, Esquire, 706 One Montgomery Plaza, Norristown, PA 19401 . To find out how much you must pay, you may call (610) 275-7990 . 2 . You may be able to stop the sale by filing a petition asking the court to strike or open the judgment, if the judgment was improperly entered. You may also ask the court to postpone the sale for good cause . 3 . You may also be able to stop the sale through other legal proceedings . You may need an attorney to assert your rights . The sooner you contact one, the more chance you will have of stopping the sale . RIGHTS EVEN IF THE SHERIFF' S SALE DOES TAKE PLACE 1 . If the Sheriff ' s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff ' s Office at (717) 240-6390 or Craig H. Fox, Esquire at (610) 275-7990 . 2 . You may be able to petition the court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3 . The sale will go through only if the buyer pays the Sheriff the full amount due in the sale . To find out if this has happened you may call the Sheriff ' s Office at (717) 240-6390 or Craig H. Fox, Esquire at (610) 275-7990 . 4 . If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5 . You have a right to remain in the property (s) until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6 . You may be entitled to a share of the money which was paid for your house . A schedule of distribution of the money bid for your house will be filed by the Sheriff on the 30th day after the sale . This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days of the preparation of the schedule of distribution. 7 . You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale . YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Bar Association 32 S . Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 13-4208 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SPRINGLEAF FINANCIAL SERVICES OF PENNSYLVANIA,INC., Plaintiff(s) From JOHN L. BOUDER AND KARLA D. BOUDER (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: $233,539.81 L.L.: $.50 Interest FROM 6-26-13 TO BE ADDED Atty's Comm: Due Prothy: $2.25 Atty Paid: $ /.&$ Other Costs: Plaintiff Paid: Date: 11/12/13 David D. Bu- 1, Prothonotary (Seal) i‘ Deputy REQUESTING PARTY: Name: CRAIG H. FOX,ESQUIRE Address: FOX AND FOX,P.C. 706 ONE MONTGOMERY PLAZA NORRISTOWN,PA 19401 Attorney for: PLAINTIFF Telephone: 610-275-7990 Supreme Court ID No. 49509 FOX AND FOX ATTORNEYS AT LAW, P.C. BY: CRAIG H. FOX, ESQUIRE Identification No. 49509 706 One Montgomery Plaza Attorney for Plaintiff Norristown, PA 19401 (610)275-7990 (610) 275-2866 fax SPRINGLEAF FINANCIAL SERVICES COURT OF COMMON PLEAS OF PENNSYLVANIA, INC. fka CUMBERLAND COUNTY, PA AMERICAN GENERAL CONSUMER DISCOUNT COMPANY • 601 NW 2nd Street • Evansville, IN 47708 • No. 2013-4208 CIVIL vs. JOHN L. BOUDER 36 Running Pump Road • c°. Newville, PA 17241 - Zj rr, And I`°' OD KARLA D. BOUDER v r.. 105 Baker Russell Drive • Shippensburg, PA 17257 c AFFIDAVIT OF SERVICE Craig H. Fox, attorney for Plaintiff, Springleaf Financial Services of Pennsylvania, Inc . , fka American General Consumer Discount Company, being duly sworn according to law, states the following: 1 . True and correct copies of a Notice of Sheriff ' s Sale of Real Property with reference to this scheduled Sheriff ' s Sale were forwarded to the attached parties in interest on December 12 , 2013 via regular first class mail, Certificate of Mailing, postage pre-paid. 2 . True and correct copies of the Notices are attached hereto as Exhibit "A" and copies of the certificates of mailing are attached hereto collectively as Exhibit "B" . 3 . I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief . 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 . 41;I • Fox .rney for P1- intiff Sworn to and Subscribed before me this day of /... , 2014 . ary Public COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL LOIS S.FOX,Notary Public Norristown Borough,Montgomery County My Commiaaion Expires May 20,2011 FOX AN D Fox ATTORNEYS AT LAW, P.C. 425 SWEDE STREET LEON H. Fox, JR.° SUITE 706 LEON H.Fox CRAIG H.Fox°•• 1901-1982 JEFFREY V. MATTEO° ONE MONTGOMERY PLAZA PETER H.THOMAS° NORRISTOWN, PA 19401-4825 JAMES P.Fox JOSEPH B.WASSEL°• (610)275-7990 1936-1999 BENJAMIN E.WITMER°# FAX(610)275-2866 JESSICA A. MILLER°• www.foxandfoxlaw.com SS-HIRLEE ANN MILLER W.FRANK JOHNSON,JR.° info@foxandfoxlaw.com ESTATE PARALEGAL O ADMITTED TO PENNSYLVANIA BAR f ADMITTED TO New JERSEY BAR ALSO +ADMITTED TO FLORIDA BAR ALSO #MASTERS IN BUSINESS ADMINISTRATION December 12, 2013 NOTICE OF SHERIFF' S SALE OF REAL PROPERTY TO: All Parties In Interest And Claimants OWNER(S) : JOHN L. BOUDER and KARLA D . BOUDER PROPERTY: 321 Firehouse Road, Cumberland County, Shippensburg, PA 17257 (See attached description) IMPROVEMENTS: Single family two story contemporary TAX PARCEL (S) : 41-11-0304-026 The above-captioned property is scheduled to be sold on Wednesday, March 12 , 2014 at 10 : 00 a.m. , at the Cumberland County Courthouse, Carlisle, PA. Our records indicate that you may hold a mortgage or judgment on the properties which will be extinguished by the sale . You may wish to attend the sale to protect your interests . A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale . Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. You should check with the Sheriff ' s Office, by calling (717) 240-6390, to determine the actual date and time of the fil . of said .c edule . A( Crailg H Fox Atto - -y for alainti LEGAL PROPERTY DESCRIPTION ALL THAT CERTAIN tract of land improved with a 1971 Skyline mobile home,situate in South Newton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point in the center of Leg. Rte. 21007 at a railroad spike at the corner of lands now or formerly of Donald R. Reath; thence by the center of the said L.R. 21007 along the lands now or late of Donald R. Reath North 4 degrees 38 minutes 56 Seconds East 53.22 feet to a railroad spike;thence by the center of the said road and the lands now or late of Donald R. Reath North 15 degrees 20 minutes 48 seconds East 200 feet to a railroad spike;thence by the center of the said road and the lands now or late of Donald R. Reath 23 degrees 18 minutes 34 seconds East 225 feet to a railroad spike; thence by the lands of Rufus E. Fink and Pearl L. Fink, his wife, South 63 degrees 55 minutes 59 seconds East 231.84 feet to an iron pin; thence by lands now or formerly of Harold G. Nenninger South 32 degrees 31 minutes 28 seconds West 126.86 feet to an iron pin;thence by the said lands now or formerly of Harold G. Nenninger, South 47 degrees 14 minutes 55 seconds West 286 feet to an iron pipe; thence by the said lands now or formerly of Harold Nenninger South 56 degrees 59 minutes 55 seconds West 91 feet to a railroad spike the point and place of beginning. CONTAINING a total area of 1.6024 acres and being designated as Lot#2 pursuant to a survey entitled Land Subdivision for R.E. Fink, dated October 18, 1977,prepared by Carl D. Bert, Registered Surveyor, and recorded in Cumberland County right of way Plan Book , Page BEING Parcel No. 41-11-0304-026. BEING THE SAME WHICH John L. Bouder and Karla D. Bouder, by Deed from Ronald E. Shriner, Jr. and Wanda M. Shriner, husband and wife, by their attorney-in-fact Lois A. Miller, dated 11/7/1988 and recorded 11/9/1988 in Record Book 33 page 954. IMPROVEMENTS: Single family two story contemporary UNITED STATES . fi POSTAL SERVICE• Certificate Of - ' This Certificate of Marling provides evidence that mail has been presented to VSPS - ":,: - . '+ .r f This form may be used for domestic and international mail. O O N • From: Craig H. Fox, Esquire °ONm Pn Fox and Fox Attorneys at La „I-4u; A 706 One Montgomery Plaza m A. I� ...i Norristown, PA 19401 J m v .1, r(P) CO To: Cumberland County Tax '. '�. • 0 if Claim Bureau= �' +.a F t 1 Courthouse;-lSquare ` > : ° 0 Old Courthouse _. " ° Carlisle, PA '170.`1 3---`' , PS Form 3817,April 2007 PSN 7530-02-000-9065 . ;OtO0-te4" . Si �UNITED STATES •' ` .`S.1 a �� • Certificate Of Ma :1`+ 'r- ';�E—e.This Certificate of MatinK provides evidence that mail ties been presented to USPS®for This form maybe used for domestic and international mat. O N N From: Craig H. Fox, Esquire ° �' Fox and Fox Attorneys at Law, o�A IC 2 706 One Montgomery, Plaza ° Norristown, PA 19401 Q t m , 0 s NO To: Domestic Relations of , 0,.,i 1 m•Cumberland County-'\ o • o 13 N. Hanover Street,, Box 320; CO O o Carlisle, PA 17013 PS Form 3817,April 2007 PSN/7�530-02-000-9065 a UNI TED ST4TES 41;+"riSyr . POSTAL SER VICE. Certificate Of I I., s- This Certificate of Mailing provides evidence that mail has been presented to USPS :r„r„ , liii ` This form may be used for domestic and international mail - C From: Craig H. Fox, Esquire o0N Fox and Fox Attorneys at Law ° 706 One Montgomery Plaza `� at t.1 Norristown, PA 19401 \ co ° n d s f jl m ° r To South Newton Township Q Soul tz P.O. Box 11 fv N i Walnut Bottom, PA 17266 ° o A w o co PS Form 3817,April 2007 PSN 7530-02-000-9065 r UAl►TEDSTdTFS °� t 4) p sTd—`t lCEERV • Certificate Of Mt :4444:1r;".G ' This form maY be used fG�tlomestic and i e matio mall l mat been presented to USPS®for .. Fram: Craig H. Fox, Esquire o°� C, ■ Fox an. Fox ' ttorneys._at Law, w_ O :. : - • :. m0 a iii - , , ? —4 to, Ill m q rn ell II V T Portfolio Recover 0_ O i Associates, LC "' 1835 Market Street, Suite 501 0 03 O Philadelphia, PA 19103 . PS Form 3817,April 2007 PSN 7530-02-000-9065 1 1 to(0 Aeti UNITED STATES -,41:"4..t�1'.'' iell L • � Certificate Of I i . This Certificate of Mailing provides evidence that mart has been presented to USPSa 0 This form maybe used for domestic and intemational mail. O N >�!�, C From: Craig H. Fox, Esquire Fox and Fox Attorneys at Lai; rn2,..) 706 Oue MuutgunteLldca 2 ° t Or Norristown,; PA 1,9401 -, " Ef3 f m n To: The Secretary of Housing anc d k 4 Urban Development.., ,' - n>,;� of Washington DC ' o C II ; The Wanamaker 'Building w o 100 Penn Square East Philadelphia, PA 19107-338U PS Form 3817,April 2007 PSN 7530-02-000-9065 1/2r. ;4 r y�; UNITED STATES `,.6i.,• . 4%. � POSTAL SERVICE• Certificate Of f aoN C This Certificate of Marling provides evidence that mail has been presented to USPSO O N-ti - CP i his torn maybe used for domestic and international mail. 0 ,�„ From: Craig H. Fox, Esquire w5� Fox and Fox Attorneys a t, La, ° il D 706 Oue Montgomery Plaza . '�* °; m Norristown, PA 19401 m c Ne m T T''''Shippensburg Bor. Auth. N (water) °- 0 ,, (..) es tmn b P.O. Box 129 • Shippensburg, PA 17257 PS Form 3817,April 2007 PSN 7530-02-000-9065 k©tic bce2 _UNITED STATES 1s i POSTAL SERVICE' Certificate Of Mail �# 4;"T This Certificate of Mailing provides evidence that mail has been presented to USPSt for mr •. ,.,S, This form may be used for domestic and international mail. From: Craig H. Fox, Esquire o,°,N Fox and Fox Attorneys at Law, ° .R U' • 706 One Montgomery Plaza a�`O i,'44 Norristown, PA 19401 rn 0 `fbgI m To: Southampton Township , m f (Trash Service) N -i i 200 Airport Road o tz w A Shippensburg, PA 17257 PS Form 3817,April 2007 PSN 7530-02-000-9065 al UNITED STATES :f . i • Certificate Of WE This form may bof e used for provides evidence that mail has been presented to USPS®fa ..ti.. SYL .T.'• This form may be used for domestic and international mail. From: Craig H. Fox, Esquire ooN c Fox and Fox Attorneys at Law, ° -n v' • 706 One Montgomery Plaza o t Norristown, TA 19401 - ,...,-'I .6f) lit tl kJ To: PA Dept. of Public Walfare * m 0 v O z z Bureau of Child Support ' N -a, Enforcement o 0 P.O. Box 8018 w o m Harrisburg, PA 17105-RO1R PS Form 3817,April 2007 PSN 7530-02-000-9065 10 COa. EIUNITED STATE ; VI air Y POSTAL Certificate Of } y , % — This Certificate of Meiling provides evidence that mail has been presented to LISPS( •"+ This form may be used for domestic and international mail. •• . r r From: Craig H. Fox, Esquire 0ory Fox and Fox Attorneys-'at L, o°1"� �'` 0 706 One Montgomery-_ 3�aza, rnz-° -° Norristown, PA 191101-:, -,. A tAN Y v e m To: PA Dept. of Revenue m o The Bureau of -6mplianc.e CD II! -1 _ w Im P.O. Box 218230 • . o rV o b Harrisburg, PA 17128-1230 W ® m PS Form 3817,April 2007 PSN 7530-02-000-9065 . , . al UNITED STATES � r POSTAL SERVICE• 1 Certificate Of +r•! • This Certificate of Mailing provides evidence that mail has been presented to USPS ... •T. t This form may be used for domestic and international mail. ti... �• �.. From: Craig H. Fox, Esquire pON Fox and Fox Attorneys at La, 8"''pevCi 706 Oue MouLgomeLy Plaza rnp • • Norristown, PA ', 19401 0 Iti a I,� IA m To: Donna Brobst, Lo al �1 .t o O t tt ''f o Tax collector / 1N z 32 West Main Street o hJ g Walnut Bottom, PA 17266 w �o 0 PS Form 3817,April 2007 PSN 7530-02-000-9065 t ©t 0C ,406 UNITED STATES � jel y k'� POrMLMMWEe Certificate Of IVY „r.. '+•• This Certificate of Mating provides evidence Mat mail has been presented to USPSe for .rte. c This form may be used for domestic end international mail. 0 0 s.� From: Craig H. Fox, Esquire o"'-°?\r` Fox and Fox Attorneys at Law, ��� it' 70G Oae Montgouieiy .P;laza ° a Norristown, PA 19401 94) m 4i) 01 To: Big Spring School District -� � m 45 Mount Rock Road Newville, PA 17241 w ® N PS Form 3817,April 2007 PSN 7530-02-000-9065 0t00 k7 b • SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 1-„ E ;- D F Fd C r Sheriff 4 �tY�,atC'aitMrrr{ f E P °'r rHON N. �.i rt,C, T�ilJlrr iL3 �H,. ; Jody S Smith Chief Deputy �� ?U I MAY -6 PM 2: ' 9 Richard W Stewart ,r CUMBERLAND COUNTY 4 Solicitor OFF E,OF TkE SHIS"F, PENNSYLVANIA Springleaf Financial Services of Pennsylvania, Inc. Case Number vs. John Bouder(et al.) 2013-4208 SHERIFF'S RETURN OF SERVICE 11/15/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Karla D. Bouder, but was unable to locate the Defendant in his bailiwick. He therefore deputized the Sheriff of Franklin County to serve the within Real Estate Writ, Notice and Description, in the above titled action, according to law. 01/03/2014 03:00 PM - Deputy Dawn Kell, 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 321 Firehouse Road, South Newton -Township, Shippensburg, PA 17257, Cumberland County. 01/03/2014 05:12 PM -Deputy Dawn Kell, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: John Bouder at 36 Running Pump Road, North Newton Township, Newville, PA 17241, Cumberland County. 02/14/2014 The requested Real Estate Writ, Notice and Description, in the above titled action, served by the Sheriff of Franklin County upon Karla D. Bouder, personally, at 105 Baker and Russell Drive, Shippensburg, PA 17257 on 1/29/14: So Answers: Kenneth W. Hall, Deputy Sheriff. 03/12/2014 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 March 12, 2014 at 10:00 a.m. He sold the same for the sum of$ 1.00 to Attorney Craig H. Fox, on behalf of, Springleaf Financial Services of Pennsylvania, Inc., f/k/a American General Consumer Discount Company, being the buyer in this execution, paid to the Sheriff the sum of$ SHERIFF COST: $1,273.93 SO ANSWERS, March 31, 2014 RONNY R ANDERSON, SHERIFF cif.o pI aCit. 5'7 . LLQ ad/ Cj ountySl, ;Snerift.Tekvcsoft,Inc. On November 15, 2013 the Sheriff levied upon the defendant's interest in the real property situated in South Newton Township, Cumberland County, PA, 'Known and numbered as, 321 Firehouse Road, Shippensburg, as Exhibit "A" filed with this writ and by E, this Reference incorporated herein. ' Date: November 15, 2013 By: Real Estate Coordinator L LXIII 4 CUMBERLAND LAW JOURNAL 01/24/14 • Writ No. 2013-4208 Civil Term October 18,1977, prepared by Carl D. Bert, Registered Surveyor, and Springleaf Financial Services of recorded in Cumberland County right Pennsylvania,Inc. of way Plan Book_`Page_ vs. BEING Parcel No. 41-11-0304- 026. John Bouder BEING THE SAME WHICH John Karla D. Bouder L. Bouder and Karla D. Bouder, by Atty.: Craig H. Fox Deed from Ronald E. Shriner, Jr. ALL THAT CERTAIN tract of land and Wanda M. Shriner, husband improved with a 1971 Skyline mobile and wife, by their attorney-in-fact home,situate in South Newton Town- Lois A.Miller,dated 11/711988 and ship, Cumberland County, Pennsyl- recorded 11/9/1988 in Record Book vania, more particularly bounded 33 page 954. and described as follows: IMPROVEMENTS: Single family BEGINNING at a point in the cen- two story contemporary. ter of Leg. Rte. 21007 at a railroad spike at the corner of lands now or formerly of Donald R. Reath; thence by the center of the said L.R. 21007 along the lands now or late of Donald R.Reath North 4 degrees 38 minutes 56 Seconds East 53.22 feet to a railroad spike; thence by the center of the said road and the lands now or late of Donald R. Reath North 15 degrees 20 minutes 48 seconds East 200 feet to a railroad spike; thence by the center of the said road and the lands now or late of Donald R.Reath 23 degrees 18 minutes 34 seconds East 225 feet to a railroad spike; thence by the lands of Rufus E.Fink and Pearl L.Fink,his wife,South 63 degrees 55 minutes 59 seconds East 231.84 feet to an iron pin;thence by lands now or formerly of Harold G. Nenninger South 32 degrees 31 min- utes 28 seconds West 126.86 feet to an iron pin;thence by the said lands now or formerly of Harold G. Nen- ninger,South 47 degrees 14 minutes 55 seconds West 286 feet to an iron pipe;thence by the said lands now or formerly of Harold Nenninger South 56 degrees 59 minutes 55 seconds West 91 feet to a railroad spike the point and place of beginning. CONTAINING a total area of J .6024 acres and being designated as Lot#2 pursuant to a survey entitled Land Subdivision for R.E.Fink,dated 18 A ,. + PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 24, January 31, and February 7, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Lisa Marie Coyne, F ditor SWORN TO AND SUBSCRIBED before me this day of February, 2014 40,—bae(4,1),- Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH,CUMBERLAND COUNTY My Commission Expires Apr 28,2014 4the Patriot-News Co. } ' 2020 Technology Pkwy he atriotmNews Suite 300 Mechanicsburg, PA 17050 . Now you know Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book"M", Volume 14, Page 317. 2013-4208 Civil Term 'I ;Springiest Financi I Y This ad ran on the date(s)shown below: Ssrvices of PennsyIv nia, K� 01/19/14 Inc. W Vs D 01/26/14 John Bouder - H Karla D Bouder 'o " < 02/02/14 Atty:Craig H.Fox ut ALL THAT CERTAIN tract of land D improved with a 1971 Skyline mobile home, situate in South Newton Township, Cumberland County, Swor o and -ubscribed before m 1 is 8 day of February, 2014 A.D. Pennsylvania, more particularly / bounded and described as follows: 1 ` illit . It _I .../ BEGINNING at a point in the center ' ,o a% Public I of Leg.Rte.21007 at a railroad spike at the corner of lands now or formerly of Donald R. Reath; thence by the ` . center of the said L.R. 21007 along the lands now or late of Donald R. Reath North 4 degrees 38 minutes 56 COMMONWEALTH OF PENNSYLVANIA Seconds East 53.22 feet tg a railroad Notartai Seal spike; thence by t'FlFeececenter of the • Holly Lynn Warfel,Notary Public said road and the lands now or late of 'I Washington Twp.,Dauphin County _ n^-__,A&R_R?2rhNorth IS degrees 20 I My Commission Expires Dec.124 2016 MEMBER,PENNSYLVANIA ASSOC1A ION OP NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Springleaf Financial Ser of Pa Inc is the grantee the same having been sold to said grantee on the 12th day of March A.D., 2014, under and by virtue of a writ Execution issued on the 12th day of November, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2013 Number 4208, at the suit of Springleaf Fin Ser of Pa Inc fka American Gen C D C against John L & Karla D Bouder is duly recorded as Instrument Number 201409317. IN TESTIMONY WHEREOF, I have hereunto set my hand —4( and seal of said office this d day of 7117 , A.D. c2 0 4 I ecorder of Deeds •. of Deeds,Cumberland County,Carlisle,PA My C. mission Expires the First Monday of Jan.2018 r