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HomeMy WebLinkAbout05-0308 Adams County National Bank, Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2005- --:;01 , Cl>;L y~ Ys. Action of Mortgage Foreclosure Deborah A. Shreve, aIkIa Deborah A. Mullin, Defendant To: Deborah A. Shreve, aIkIa Deborah A. Mullin, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 Telephone Number: 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Adams County National Bank, Plaintiff No. 2005-SU- vs. Action of Mortgage Foreclosure Deborah A. Shreve, alk/a Deborah A. Mullin, Defendant To: Deborah A. Shreve, alk!a Deborah A. Mullin, Defendant A VISO USTED HA SIl>O DEMANDADOIA EN LA CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar acci6n dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y A viso ! radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando I'i. en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en 11. contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe " anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero Ii reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el I demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted I puede perder dinero 0 propiedad u otros derechos importantes para usted. I ! I I II I I I I I I USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIA T AMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. 51 USTED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CALIFICAN. Cumberland County Bar Association 2 Liberty A venue Carlisle, PAl 7013 Telephone Number: 717-249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW i C;u~CT~ ! Adams County National Bank, Plaintiff ::3oY No. 2005- vs. Action of Mortgage Foreclosure Deborah A. Shreve, aIkIa Deborah A. Mullin, Defendant i !I ii COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, <hi, ~,y" b 200' oom~ P""""ff. Ad,"" County National Bank, by its attorneys, pu~astman & asher, who brings this action in Ii Ii mortgage foreclosure against Deborah A. Shreve, aIkIa Deborah A. Mullin, Defendant, I, Ii II whereof the following is a statement: I' !'j Ii I. Plaintiff, Adams County National Bank, is a national banking corporation !I I, organized and existing under the laws of Congress relating to national banks, with its main :i II !i office at 16 Lincoln Square, Borough of Gettysburg, Adams County, Pennsylvania 17325. Ii Ii " " II Ii I !I ii II , I I 2. Defendant, Deborah A. Shreve, aIkIa Deborah A. Mullin, is an adult individual whose last known address is 442 Mount Rock Road, Newville, Cumberland County, Pennsylvania 17241. 3. Defendant is not in the military or naval service of the United States or its allies, or otherwise within the provisions ofthe Soldiers' and Sailors' Civil Relief Act of the Congress of 1940, as amended. 4. On August 30, 1996, Defendant made, executed, and delivered a mortgage upon real estate hereinafter described to Plaintiff as Mortgagee, which mortgage is recorded in the i; office of the Recorder of Deeds of Cumberland County, Pennsylvania in Record Book 1340 at page 444. A copy of said mortgage is attached hereto and marked as Exhibit "A". Said mortgage is incorporated herein by reference. 5. There has been no assignment of said mortgage. 6. The real estate subject to the mortgage is described as follows: ALL that certain tract ofland situate in West Pennsboro Township, Cumberland County, Pennsylvania, more fully bounded and described as follows: BEGINNING at a point in the southern dedicated right of way line of L.R. 21003 (Mt. Rock Road) at the dividing line between Lots Nos. 7 and 8 on the hereinafter mentioned Subdivision Plan; thence along said dividing line, South 01 degree 53 minutes 42 seconds West, 380.45 feet to a point; thence along the dividing line between Lots Nos. 6 and 7 on said Plan, North 88 degrees 06 minutes 18 seconds West 175.00 feet to an iron pin; thence continuing along same, North 01 degree 53 minutes 42 seconds East, 375.00 feet to an iron pin set in the southern dedicated right of way line of said Mt. Rock Road; thence along said right of way line, South 88 degrees 06 minutes 18 seconds East, 91.03 feet to a pin; thence continuing along same, North 88 degrees 10 minutes 53 seconds East 8415 feet to a point, the Place of BEGINNING. BEING further described as Lot No.7 in the final Subdivision Plan for Harmon Graves Company and Kimba, Inc. prepared by Stanley Jarmolenko, R.S. dated February 18, 1985 and recorded in Cumberland County Plan Book 45, Page 152. AND BEING the same premises which Herbert L. Houck and Lynne A. Houck by deed dated August 16, 1988, and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 33, Vol. N, Page 58 granted and conveyed to Phillip H. Mullin and Deborah A. Mullin, Mortgagors herein. 379. SUBJECT to restrictions contained in Deed Book 0, Vol. 32, Page 7. The present owner of the real estate subject to the mortgage is Defendant. 8. Said mortgage is in default because the payments of principal and interest, which have become due and payable on November 30, 2004, and on the 30th day of each month, thereafter, remain due and unpaid. By the terms of said mortgage and at the option of Plaintiff, the whole of the said mortgage debt and interest is immediately due and payable. 9. By reason of the aforesaid default, the following amounts are due in accordance with the terms of the mortgage: (a) Balance of unpaid principal (b) Interest from 10/30/04 to 1/4/05 (Plus $9.74 per diem thereafter) (c) Late charges to 1/4/05 (Plus $35.75 per month thereafter) (d) Attorney's commissions TOTAL $40,314.55 $ 652.05 $ 35.75 $ 3.075.18 $44,077.53 10. The attorney's commissions 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 Sheriffs Sale. If the mortgage is reinstated prior to the Sheriff's Sale, reasonable attorney's fees will be charged based upon on legal work actually performed. II. The Combined Notice of Delinquency, which satisfies the requirements ofthe Notice of Intention to Foreclose pursuant to Act 6 of 1974 (41 P.S. 9403) and the Notice of Homeowners' Emergency Mortgage Assistance pursuant to Act 91 of 1983 (35 P.S. S 1680.401 c), as amended, has been sent to Defendant by first-class mail, postage prepaid, and by certified mail, return receipt requested. Copy of the Combined Notice of Delinquency sent to Defendant is attached hereto and marked as Exhibit "B". Said Notice is incorporated herein by reference. The Certified Mail Receipt (PS Form 3800) and Domestic Return Receipt (PS Form 3811) from the mailing of said Notice to Defendant are attached hereto and marked as Exhibit "C". Said Receipts are incorporated herein by reference. 12. The temporary stay provided by said Combined Notices of Delinquency has terminated. Defendant has failed to cure the aforesaid default. WHEREFORE, Plaintiff demands IN REM judgment in mortgage foreclosure for the sum of $44,077.53, plus interest from January 5, 2005, at a per diem of $9. 74, additional late charges, costs of suit, and other charges collectible under the terms of the mortgage; for the Respectfully submitted: foreclosure and sale of the mortgaged property; and for other relief as the Court deems appropriate. PUHL, EASTMAN & THRASHER By: t2~ r -J2Q Richard E. Thrasher, Esquire Attorney ID Nnmber 22904 Attorney for Plaintiff 220 Baltimore Street Gettysburg, P A 17325 (717) 334-2159 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Adams County National Bank, Plaintiff No. 2005-SU- vs. Action of Mortgage Foreclosure Deborah A. Shreve, aIkIa Deborah A. Mullin, Defendant VERIFICATION TO COMPLAINT IN MORTGAGE FORECLOSURE I, Susan M. Saylor, do hereby state that I am Assistant Vice President, Collections, of Adams County National Bank, that I am authorized to make this verification, and that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. I understand that this statement is being made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Dated: 9~./ 3, ~~ / 'Susan M. Saylor Assistant Vice President, ollections Adams County National Bank ~~ c/,Jj) 0 ( 't e... ..1 P,OSERTD:. ZlEGLE!~ RECORDER OF DEEDS {;UM BE, LAN D CDU NTY - PA . 96SEPi" 9 pl'l.~..ol [Spsce Above This Line For Recordina DataJ MORTGAGE THIS MORTGAGE ("Security Instrumentj is, given on ....~..... ..(l;1.J8.1.l-~.1;.. .~9.'"..............,..............................,... , t9 .96... . The mortgagor is ........11llBO)WJ:...\.....lWJJ.~J;..................... ...... ...., ..... ..................... .................... ".......,..'... ..,.. ... ,....,... ..... ,.... ,. ("Borrower''). This Security Instrument is given to "' .TIl~..:v.4;:ro~.1;'~. .N4t.;P.q.!'I:+. .~!3;~. '. .. .of . Newville.. .",.. '.. .......,......,........... ......... .n..,'........." .;... .., ... '. ,).,. ,which is organized~and existing under the laws of .,.. .Panns;ylvania............. ..' "';" ... '.... ,and whose address is ..1:, .~....~j;g. APxin&... .~!i!:lfY:i;l.+~!. .J?.AL.... ........ .17.2Al...,...." ...........~..... :.. ............ .... ...........,.... ......... ... ..; ("Lender"); Borrower owes Lender the principal sum of S""ent.:/. :Tho1JJlan<l.Y.i"". .llllll.dr.ed .and. 0.0/.10.0. =XgXUgXgU"""",,=glOlXXXXXXlUOO< Doliars (U.S. $ . . .7.Q J 5.0.Q. 00. ). This debt is evidenced by narrower's note dated the same date a~"this SecUrity Instrument ("Note''), which provides for monthly payments, with the fu)l debt, if not paid earlier, due, and:payable on'.. ~A~~'$;t;;'30.J."20l1.,.............,.... . This Security Instrument securesta Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Nate; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security ofthis Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage. grant and convey to Lender the following described property located in ................ ......... ..... ... ... .......".......... .... .'.. ..Ctunhet:land.... ,.....;........... ..... ... ... ........ County, Pennsylvania: See attached legal descri.ption which has the address of....;. .4~~J!~.," )ll>.~~.RQA<l............ .... ........... ...... .......... ,.....:... .J'I!\)!1(P.ll\... ..... ........ [street} [City] Pennsylvania..... ~?~.~~.....".....,.. ("Property Addressj; [lipCodeJ TOGETHER WITH all the improvements now or hereafter erected on the,property, and all easements, appurtenances, and fixtures now or hereafter a part of the, property: All replacements and additionsshallalsobe covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borroweris lawfuIlyseised ofthee'state 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' warrants and will defend generally the title to the Property. against aU claims and demands, subject to. any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform convenants far. national 'use and non4uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. . UNIFORM COVENANTS. Borrower and Lender covenant and'agree as follows: 1. Payment of Principal snd 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" Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds'j for: (a) yearly taxes and assessments which may attain priority over this Security Instrument asa lien on the,Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the. provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums, These items 'are called "Escrow Items;" Lender may, atany time, coIled and hold Funds in an amount not to exceed the maximum amount a lender for a federa11yrelaied mortgageloan may require for Borrower's escrow account under the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time,l2 U.S.C. ~ 2601 et seq. ("RESPA"i, unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at anytime, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the .amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency..instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds; annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Fotm 3039 (9/90) (pag~ I o[4pagrs) EXHIBIT A BOod340 PAGE 444 Borrower to pay a one-time charge for an independent real estate tax. repqrting seryice used by:Lenderin connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicabl~ lilW"rc:qbires'interest to be paid, Lender shall not be required to pay Borrower any interest oreamings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional seeurity for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in a.ccordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case, Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, underPJl:ragf~p~f1:i MIlder shaU acquire or sellJb~ Pr9Ret:tY,..J,.ender, prior to the acquisit~on or sale of the Property, shall apply any Funds held,-hy~Lehderllt ~he time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Apptic'ation'ofP~:yriierits..:t)'.nless>applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied:~rfs~;ri;any.pfep:_a~enfcharges due under the Note; second, to amounts payable und,er paragraph 2; third, tojnterest due; fourth,t,%~,rj~i~~4~~i~~Jate,charges_du~under-JheJ'lo.te..___,_,__ ._._,..-:::;.~_...____,,~____._. ,,_ 4. Chllrges;'Liens. ~_orrow~r)liall ~ay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority civet th~s.;Secur\~Y'lI(stI1lt!lent, and leaseholU payments or ground rents, if any. Borrower shall pay these obligations in the manner provided. in parag'raph2",or: i(riot'paid in that manner, Borrower shall pay them ad time directly to the person owed payment. Borrower shalt pr9rti:pfiy:,f.urp.~sh ~o'I~en,der.all notices of amounts lobe paid under this paragraph. If Borrower makes these payments directly, Borrowet:~~ij!.:prO-~J',tlYfuiniSh to Lender receipts evidencing the payments. Borrower sh'all promptl.y;d.ischarge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the ~b"Hgation s'eetired by tbe lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in tbe Lender's opinion operate to prevent the enforcement ofthe 1ien; or (c) secures from the bolder of the lien an agreement satisfactory to Lender subordinating the lien to this 'Security Instrument. If Lender determines that any part of the Property is subject to alien which may attain priority over this Security Instrument, Lender 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. 5. Hazard ot Property InsUtaDce. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire; ha~ards''included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance."This insurance shall be maintained in the amounts and for the. periods that Lender requires. The insurance carrier providing,the insurance shall'be ahosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property inaccordance with paragraph 7. All insu'i'arice policies 'and renewals shall be acceptable to Lender and shall include: astandard mortgage clause. Lender shall have the right to hold the "policies and.ren,ewals. U:~4ndeI2...r~w!-k~;,!!?.rr.<?w.euh~.DrOmI!!ly..gi~:~~.JQJ.~.mjerall r.ece,ipts,oCp_ai4,p~miums and renewal notice.s:1ri-itie event o(los's; Borrower shall giv'e prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender 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 Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender'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 Borrow1:r. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender 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 3D-day period will begin when the notice is given. Unless Lender and Borrower otherWise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of the payments. Ifunder paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection olthe Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall-not be unreasonably withheld; or unless ex,tenuating circumstances exist which are beyond Borrower'S control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is btgun that in Lender's good faith judgment could result in forfeiture of the Property or otherWise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the aCtion or proceeding to be dismissed with. a ruling that, in Lender's good faith determination,- precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created-by this. Security-Instrument or' Leider-'s se-c"urnyUrterest':-BoITowershalCafso'"beTridefault if Borrower, during the loan applica,tion process,gave materially false or inaccurate inform.ation or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy afthe Property as a principal residence: If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions ofthe lease. HBorrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to tbe merger in writing; 7. Protection alLender', Rights in the Property. IfBorrowerfails to perform the covenants and agreements contained in this Security Instrument, or there is alegal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender'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 and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragrap~-7 shall beco~e additi.9nal debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms 6'1 payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender tO,Borrower requesting pa.yment. S. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance CQverage required by Lender lapses or ceases to be in effect, Borrower shall pay the preiniums required to obtain coverage substantially equiyalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage - Form 3039 9/90 (pap 2 of 4 p4gt4) Bood310 PAGE 445 insurance previously in effect, from an a1t: e mortgage inS).lrel)app!o:yed b~fLender.l ...stantially equivalent mortgage insurance coverage is not available, Borrower shall parm Lender each month a sum equal to one-tweIfi1i of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lcnderwill accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. 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 Lender. In the event of a total taldng 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 in which the fair market value of the Property immediately before the taking is equal to or greater than the amount oft.hesums s~ured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount.of tbe proceeds multiplied by the following fraction: (a) the total amount ofthe sums secured immediately before the taking, divided by (b) the fair market value of the Property immediateIy before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secu.red immediately before the taking. unless Borrower and Lender otherwise agree in writing or unless applicable Jaw otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lenderto Borrower that the condemnor offers to make an award or settle a claim for damages, 'Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender 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 Lender and Borrower otherwise agree in writing, any application of proceeds to principalshall noteJttend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of su~h payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the , time for payment or modiftcation of amortiI.ation of the sums secured by this Security Instrument granted by Leng.erto,any.success'or in in~erestofBorrower shall not operate to release the liability of the original Borrower or Borrower's successors in !4(erest. Lender.;hall'~o(be. r~quired to commence proceedings against any successor in interest or refuse to extend time -for payment or otherwise- modify amoitization of the sums secured by this Security Instrument by reason of a.ny demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy. 12. 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 Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and sev~ral. 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 Instroment; and (c) agrees tha~ Lender 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. 13. 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 pennitted limits, then: (a) any such loan charge shall be reduced by,the amount necessary toredU:cC the charge to the'pennitted limit; and (b) any sums already collected from Borrower which exceeded'permittedJimits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If arefund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. 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 Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Securitylnstrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing 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 orthe Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effectwithout the conflicting provision. To this end the provisions of this Security Instrument and the Note ate declared to be severable. 16. Borrower's Copy. BorroWer shall be given one conformed copy ofthe'Note and of this Security Instrument. 17. Transfer of the Property or a BeneflciaIInterest 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' BoiTowe'r'is not a: 'natural person) without Lender's prior written consent, Lender may; at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exerCise is' prohibited by' federa11awas of the'date of this Security Instrument. If Lender exercises this option, Lender shall'give Borrower 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 Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke-any remedies permitted by this Security Instrument without further ~otice or demand on Borrower. 18. Borrower's Right to Reinstate:lf'Borrowermeets certain coriditions, Borrower'shiillh8.ve the right to have emoCc"emenfof this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other p'eriod as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of ajudgment enforcing this Security Instrument. Those conditions are that Borrower:.(a),pays Lender all sums which then would be due under this Security Instrument and the Note as u no acceleration had occurred; (b) cures any default 'of any other covenants or agreements; (c) pays all expenses incurred in enforcing this SecurityInstrutnent. including,.but not limited to, reasonable attorneys" fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17 ~ 19. Sale olNote; Change of Loan ServiceI'. The Note ora partial interest in the Note (together with this Security Instrument) maybe sold one or more times without prior notice ~o Borrower. A sale may restilt in a change in the entity (known as the "Loan Servicerj that collects monthly payments due under the Note and this Security Instrument. There alsomay be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the ne-wLoan Servicer and the address to which payments should be made. The notice will also contain ~y other information required by' applicable law. . form 3039 (9/90) (pdp] of 4 pogts) BooK1340 PAGE 446 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Sub.stances on ot in the Property, Borrowershallnotdo, nor allow anyone ~lse to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of smaU quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, de'mand, lawsuit or other action by any governmental or regulatory agency orprivate party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge.-IfBorrower learns, oris notified by any governmental oeregulatory,authority, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances' by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbes.tos. or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as 'follows: 21. Acceleration; Remedies. .LendershaIl give notice t,oBorr~wer prior tc::tacce:lera~on f().II?lVin(lJorr.~_ll"~r's breach of any covenant or agreement in this'Security Instrument (butnot-,prfor-,to'''acceleration under paragraph-17-unless apiiDe-ble law' provides 'otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that r.ilure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of'the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the {onclosure proceeding tbe non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender 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. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and COSVl of title evidence to the extent permitted by applicable law. 22. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and tbe estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security InstrulTlent without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and' hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24~ Reinstatement Period. BOTr.ower's time to reinstate provided in paragraph 18 shall extend'to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be' a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the intcrestrate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable frOIllti!De to time under the ~ote. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument; [Check applicable box(es)] o Adjustable Rate Rider 0 Condominium Rider 0 1-4 Family Rider o Graduated Payment Rider 0 Planned Unit Development Rider 0 Biweekly Payment Rider o Balloon Rider 0 Rate ImprovemenfRider D. Second Home Rider o Other(s) [specify] BY SIGNING BELOW, Borrower accepts and agrees.to the tenns. and covenants contained in this Security lnstrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: ~.O~........,............... .......~.~..... . .....~. ................(Seal) -Borrower DEBORAH A. IN ....................................... c............. (Seal) . -Borrower COMMONWEALTH OF ~NNSYL VANIA, On this, the ( q t) day of the undersigned officer. personally BPpeaud whose name(s) J A exetuted the same for the purposes hculn contained. IN WITNESS WHEREOF. I'hereunto set my hand and official sell!. MyCom . .~., Countyss: ,.beforcme. , known to me (or satis,torilY proven) to be the person(s) subsc:ribed to the within illlltrument and ac:knowledged that ...0. f( aj?//cLF'lh~ .I <;.?fit~~~~'" Tit!e.ofOff"l<<.r I1k"j",/I~ /7".'1/ Pt1 recise addrcSll of the within Mortg~ (Lender) is Notarial Seal Angela F. Unger, Notary Public Carllsle BQro, Cumberland COun\y _My Commission Expires Oct. 7, 1996 !I.10mber, PennsylvanIa Assoclatlon of Notll.rles 800K1340PAGE 447 Form 3039 (9/90) (page f off pages) ,--.. LEGAL DESCRIPTION ALL that certain t~act of land situate in West Pennsboro Township, Cumberland County t Pennsylvan!ia I more' fully bounded and described as follows, , BEGINNING at a poiht in the southern dedicated right of way line of L.R. 21003 (Ht. Rock Road) atl the dividing line betwesn Lots Nos. 7 and 8 on the hereinafter mentioned Subdlvis10n Plan; thence along said dividing line, South 01 degree S3 minutes 42 seconds I West, 380.45 feet to a point; thence along the dividing line between Lots Nos. ~ and 7 on said Plan, North 8a degrees 06 minute. 18 seconds We.t 175.00 feet to an iron pin; thence continuing along same, North 01 degree 53 minute. 42 seconds East. 375.00 feet to an iron pin set in the .outhern dedicated right of way line of said Ht. Rock Road; thence along said right of way line, South 88 degrees 06 minutesJIB .secondsEs's,t, 91:03~ fe'iftto a pin; thence continuing along , same, North 88 degree. 10 minutes 53 seconds East 8415 feet to a point, the Place of BEGINNING. BEING further described as Lot No. 7 in the final Subdivi.ion Plan for Harmon Gr~ves Company and Kimba. Inc. prepared by' Stanley Jar~olenkot R.S. dated February 18, 11985 and recorded in Cumberland County Plan Book 45, Page 152. AND BEING the same lpremises which Herbert L. Houck and Lynne A. Houck by dee dated August 16, 1988, and recorded in the Office of the Recorder of Deed. in and for I Cumberland County Vn Deed Book 33, Vol. N, Page 58 granted and conveyed to Phillip H. Hullin and Debo~ah A. Hullin, Hortgagors herein. . SUBJECT to restrictlions contained in Deed Book 0, Vol. 32, Page 379. I \. S>>.1O ofl"ennsYlvania ..} SS .County of Cumberland \~~. . r..d ed in the office tor the reco. . rding of 0 ... ".' n .n~berlllnd COUM a ----- ~t.___pa Si Wit e: my h. d eal of oft '(0 ~!llrii$l., p" this day 01 s..:.::.... , ~ . Bood340 PAGE 448 Date: October 6,2004 ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortjl;a~ on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pajl;es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the prOl(l"am works. To see if REMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF TIDS NOTICE. Take this Notice with you when you meet with the Counselinjl; Ajl;ency. The name, address and phone number of Consumer Credit CounseJ.inl!: Agencies servinl!: your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania HousinJ! Finance Ajl;ency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling agency may be able to help explain it. You may also want to contact an attorney in your area. TIte local bar association may be able to help you f"md a lawyer LA NOTIFlCACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OB'IENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA ESTA AGENCIA (PENNSYLVANIA HOUSING FlNANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO FOR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALV AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU lllPOTECA. HOMEOWNER'S NAME(S): Deborah A. (Mullin) Shreve PROPTERY ADDRESS: 442 Mount Rock Road, Newville, PA 17241 LOAN ACCOUNT NO.: 7456018 ORIGINAL LENDER: Fanners National Bank of Newville CURRENT LENDERlSERVICER: Adams County National Bank HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FlNANCIAL ASSISTANCE WIllCH 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 REQillREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FlNANCE AGENCY. EXHIBIT B . 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.. 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. TInS MEETING MUST OCCUR WITIDN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF TillS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAUL TO, EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCmS - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of desimated consumer credit counselinR aRencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must f1l1 out, sign and me 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. Your application MUST be med or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN TInS LETI'ER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FU,ING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TillS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If YOD have med bankruptcy you can still apply for Emergency Mortgage Assistancc.) HOW TO CURE YOUR MORTGAGE DEFAULT (BrinJp; it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 442 Mount Rock Road, Newville, West Pennsboro Township, Cumberland County, PA 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: Monthly payments of $715.06 due for July, AUJnlst and September 2004, plus past due char/(es of $71.50 Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $2,216.68 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION(Do 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 $ 2,216.68. PLUS ANY MORTGAGE PAYMENTS. AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: ADAMS COUNTY NATIONAL BANK P.O. Box 3129 Gettysbur~, PA 17325 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 r~hts to accelerate the mortl!;lIJ1.e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortl!;alled property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff 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 reasonabie 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 THRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THRITY (30) DAY period and foreclosure proceedings have begun, you still have the riMt to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by pa}'in.g the total amount then past due, plus any late or other charlles then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writinll by the lender and by perfonninll any other requirements under the mortllalle. Curing your default in the mauner set forth in this notice will restore your mortgage to the same positiou as if you had never defaulted. EARLIEST POSSffiLE 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 3 months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Adams County National Bank PO Box 3129 GettySburR, P A 17325 (717) 338-2255 (717) 338-3120 Susan M. Saylor Phone Number: Fax Number: Contact Person: EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMP110N OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's rees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THERIGHf: .. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY. FROM ANOTHER LENDING INSTITUTION TO PAYOFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BEUEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCmS SERVING YOUR COUNTY PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCmS ADAMS COUNTY American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Consumer Credit Counseling Service of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 (717) 541-4670 Financial Counseling Services of Franklin 31 West 3'" Street WaynesMo, PA 17268 (717) 762-3285 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, P A 17325 717) 334-l5l8 FAX (717) 334-8326 YORK COUNTY American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Consumer Credit Counseling Service of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 (717) 541-4670 Housing Council of York 116 North George Street York, PA 17401 (717) 854-1541 FAX (717) 845-7934 Consumer Credit Counseling Service of Western PA 970 South George Street York, PA 17403 (717) 846-4176 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western PA Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3'" Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 243-3948 -Copies also mailed llfst class mail Urban League of Metropolitan Harrisburg 25 North Front Street Harrisburg, PA 1710! (717) 234-5925 FAX (717) 232-4985 .~ ~ Il:i ~ ~ 2!i Oz" o .D ,..., en U~ ~ ~~ rvEO"C -) " " ~ ., <:i --- - ::.; .,.... - 0: -~ w " - .... ~i'0,~ ~ Q \ w U> , ~ ..., \ " U> ~}_C'<t:)- w ...0: - ;~-:~", wQ CI:IZu..lC - Cf.l3:a::.c:Co \, LI.Ict;;cn~ JTI \ O::z .. U"l C1::.::2L1.13: ..... Q C11-LI.I~a:: '."'.-" <Oe&:lCICIO t:J y~~" I-z2ccu.. JTI ~C1::)ffio - U"l ru ~" -1.1.I=>1- ..... Ut-.,:.::i,W -" ':..<:'" i:i:l1..r,.)UJ-l - t:J '" u..:E:::)CI: - ;:r ~ ~Ll.lchl-Z ru ~t::OC::) -" ..... 0 - -C:;z:Z. - '" t:J '" ..: '" 0000 ;:r t:J :> N t:J f;l '" r- ..... U - "" '" CJ) I;n tI: 0 0 l~~ t:J t:J Ul ..: ..: .'-1 '" t:J '" '" ;:r ..: H IT' JTI z '" ''''. t:J ~ ::> :3 I~'i 0 t:J tr :>: H :i:..:, ;:r tr 0 ~ '.~'I JTI t:J '" N 'f '" '" f'- '" '" z ,:.l"; tr I":~ tr ...., t:J f'- -Sc-_ LY !>.. $?, ~.).. ,,,.,.,~ ff" t. ~''f, .. -c';>" . .q;',.. ~,' ~:c ~ t"\ " 4,,' ~~~... ..............-""",,- u.s. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mall Only, No Insurance Coverage ProvIded) I 442 MOUNT ROCK ROAD NEWVILLE PA \ Postage , .37 l ~ Certlf;od FM 2.$0 Postmark etum Receipt Fee H"e (Endo ernentRequired) I. 75 Rest ted Delivery Fee "..:' (Endorsement Required) Total Postage & Fees $ 4.42 S Saylor Name (please- Print Clearly) (to be completed by mailer) .J1!H\QM!LA...S.HREllE.n...mm.........nm...nn...... n.......... Street, Apt. No.; or PO Box No. 442 MOUNT ROCK ROAD -City,-sia-te:zip;,:;r--------------------..---------------------- ___u____ .-- - .--"- NEWVILLE PA 1724\ EXHIBIT C'" ..- ~ 0 ~ ~ . I 'l ~ \ u < I B ...-' C1 \ "i::) tJ0 () c::.? C c' -n -/::. u' -u ?-r: .~ '- :T:---n --0 ...0 "n:; :r~ ~~ cnf..;;:. f' ~ r z CTl tJ -.. :::: '? 0' r. ~ ~.l J I .~ ~. -.,.'1 i <." ..;; ., ec" ":.~ =< -.J ::;. .-...- IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Adams County National Bank, Plaintiff No. 2005-00308 Civil Term vs. Action of Mortgage Foreclosure Deborah A. Shreve, aIkIa Deborah A. Mullin, Defendants PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned Action of Mortgage Foreclosure as discontinued. , I: P1UHL, EASTMAN & THRASHER 'i i I Ii Ii ii By:~hzqQQ Richard E. Thrasher, Esquire Attorney II> Number 22904 Attorney for Plaintiff 220 Baltimore Street Gettysburg, P A 17325 (717) 334-2159 ;i Ii Dated: February 14, 2005 , :! I, , ii i' " , I: !I !, Ii il 'i ! Ii Ii !i 'I I: i I' I' II , I' II ------- ~ @, -<I 1"'"' GO - ~ ~ G" -0 ~ "" .> ..r;:: 'IS> SHERIFF'S RETURN - REGULAR CASE NO: 2005-00308 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ADAMS COUNTY NATIONAL BANK VS SHREVE DEBORAH A AKA DEBORAH A GERALD WORTHINGTON Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHREVE DEBORAH A AKA DEBORAH A MULLIN the DEFENDANT at 1950:00 HOURS, on the 19th day of January 2005 at 442 MOUNT ROCK ROAD NEWVILLE, PA 17241 by handing to DEBORAH SHREVE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 18.00 5.92 .00 10.00 .00 33.92 So Answers: uP.../"-) __(~;'::,> /....//-%" ~- t "..' , ~ .,P //'..A :,--.,...... ""._;.~:I:~_;,+o:'.';..'c::":d:..:.~.. .,.,/ __.4!::.~;!"..~-"'" 't . - ' I - R. Thomas Kline 01/20/2005 ADAMS COUNTY NATIONAL BANK me this3M\ day of By: z1 :b bo$ / . ~< /. /'1~-:> Deputy Shey f Sworn and Subscribed to before 1.& " . ' '1 ,) i.Y1J.{ ( f'r''' , Q 1vI~ 00,. Prothonotary A.D. '+'i .