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Home My WebLink About05-1190 ELBERT, L.P., Plaintiff : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA vs. CIVIL ACn~7J LAW NO. 05-~l9Q-CIVIL TERM SUSAN A. HANFT, Defendant AFFIDAVIT OF SERVICE AND NOW, this 12th day of July, 2005 ,I, Robert G. Frey, Attorney for Elbert, L.P., Plaintiff in the above-captioned matter, hereby swear that I have: served a true copy of the NOTICE OF SHERIFF'S SALE OF REAL ESTATE, UNDER PA.R.C.P. 3129, in the above-captioned matter by depositing same in the United States Mail, postage prepaid, certified mail addressee only, return receipt requested, upon the following individuals at the followoing addresses: Gateway Funding Diversified Mortgage Services, L.P. 300 Welsh Road, Building 5 Horsham, PA 19044 Mortgage Electronic Registration Systems 1595 Spring Hill Road, Suite 310 Vienna, VA 22182 Attached hereto marked Exhibit "A", are copies of the return receipt cards evidencing service. ~-d~ Robert G. Frey Attorney for Plaintiffs . 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-583il Sworn and subscribed to before me this 28th day of July, 2005 ~+ ,1.~A NOTARIAl.8EAL Tr';:jS~'!~. A. lIESS. NOTARY PU8UC BOROUe!: U.. GARUSLE, C~DCO.. PA ~'( r;(\MMISSION EXPfRES PMY 20, 2008 SENDER COMPLETE THIS SECTION · Complete items-1, 2, and 3. Also -complete ttem 411 Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front If space permits. 1. Article Addressed to: ~sI~~ -;;'/.v)l~9 J)IJ.u-sij-'/eJ ~. '::fve.) L.P 300 ~s4 Rd.. 8Jd~. S ;/or-shCUYJ, PA... 190LN 2. Article Number (iransfer from service label) PS Fonn 3811. February 2004 - --," -----~------------_.._----_.- COMPLETE THIS SECTION ON DELIVERY 3; Service 'TYpe )z[ Certlfled Moll 0 Express Mell o Registered ')(Retum Receipt for MerchandIse D Insured Mail 0 C.O.D. 4, Restricted Delivery? (Ext1a Fee) 0 Yes '-"_.""----=--- DomeStlc Return Becefpt 102595-Q2-M.1540 U S Postal Service CERTIFIED MAIL RECEIPT (DomestIc M,-HI OnlY No InsuldlJCC Coverage P/ovlded) ru ~ C ,I}, Ul CJ lJ" Postage $ '" ..JI Certified Fee ~ ru Return Receipt Fee CJ (Endorsement Required) CJ Restricted Delivery Fee CJ (Endorsement Required) CJ Total Postage & Fees rn Ul .-'l CJ CJ CJ l'- ... · Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. · Print your name and address on the reverse so that we can return the card to you. · Attach this card to the back of the mailpiece, or on the front jf space permits. 1. Article Addressed to: C. Signature x o Agent CJ Addressee CJ Yes CJ No ~o~q~qQ, .f.l..d 1.Jof)/f!.- K~ 1_~i-tN10'lISHS'l~s J5'1~ Sp~Cj H;I/ Rd. S'~f~ \/, I I J ~/() Y I ~'1o... J ~ 0-. ~~ 18.::L D. Is delivery address different from item 1? If YES. enter delivery address below: 2. Article Number (rransfer from service label) PS Form 3811 , March 2001 3. ~ice Type A Certtfled Mail 0 Express Mail o Registered 'it ~eturn Receipt for Merchandise o InSUred Mail 6"6.0.D. 4. Restricted Delivery? (Extra Fee) 0 Yes Domestic Hetum Receipt 102S9S-01-M_1424 Direct Ollfl', - ,c TiIlet - 'Quick" Search Page I of 1 ~ {UJ!fI[',l,'U<' ;/ f'osr,)[ \!f?vnl I: if Track/Confirm. Intranet lIem Inquiry. [)omestic II 11',',~'~I: '70001530000246890542 Ii I!.~estination IlzlP Code: 22182 I J~rigin IlzlP Code: ~.".n ,0_ iT. == iIIC,,\lenl Ii "ELlVERED " I' iI " l~::'. ....._.. Ilclty: VIENNA Ilcity: 'IState: VA IIState: II Date 07/14/2005 Time 13:27 Location VIENNA VA 22'182 Scanner 10 L020380 Enter Request Type and Item Number: Quick Semch Extensive Seart:h 0 Item Number: [J>\jbrnitj Inquire on multiple items. Go to the Product Tracking System Horne Page. http://pIS.us'', , ,,',' !oddala-cgi/db2www/cbd _ 242.d2w/OUTPUT 7/28/2005 Direct Q'wry. mranet Page I of 1 ,.. .--- ---- II ,I 'I I" J, "'0=,',_ -.-:_ U,IWrl D ',l;~ll '" :;- POST;'JL \[RI.-JU II Track/Confirm - Intranet Item Inquiry Item Number: 7000 1530000246890542 This item was delivered on 07/14/2005 ,at 13:27. ( 'ZJeei~ Signature: "&1fJ1t Address: J ij Enter Request Type and Item Number: Quick Search <!) Extensive Sear<:h 0 Item Number: [J~IJb,mitj Inquire on ID!.IUiJ;l!eJt.e,ms. Go to the Product Tracking System !:I!l!J~P..age. http://pt,,usps ?' ~". /nddat,~cgi/db2www/cbd _242.d2w IIMG 7/28/2005 0 ......, ~.~ = ~ = <Jt T' ". ~~ n~ c.: ~. ., CO> Z '. :f.l ~l: r C> ~:. .!.-. -0 ::r::=f\ ;~(-l ::;::; t:> ~:-:.C'; '70 :p- C':: W Om 2: ~ "1 N -c co .< vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05- /'90 CIVIL TERM ELBERT, L.P" Plaintiff SUSAN A. HANFT, 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARUSLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 AMERICANS WITH DISABILITIES ACT OF 1990 The Court of Common Pleas of Cumberland County is required by law to comply with the Americans with Disabilities Act of 1990. For information about accessible facilities and reasonable accommodations available to disabled individuals having business before the court, please contact our office. All arrangements must be made at least 72 hours prior to any hearing or business before the court. You must attend the scheduled conference or hearing. vs. IN THE COURT OP COMMON PLEAS OP CUMBERLAND COUNTy, PENNSYLVANIA CIVIL ACTION - LAW NO. 05- II "/Q CIVIL TERM ELBERT, L.P" Plaintiff SUSAN A. HANFT, Defendant COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, comes Elbert, L.P., Plaintiff, by and through Prey & Tiley Attorneys at Law and respectfully states as follows: I. Plaintiff is Elbert, L.P., a Pennsylvania limited partnership, entity, having its address at 5 South Hanover Street, Carlisle, Cumberland County, Pennsylvania. 2. Defendant is Susan A. Hanft, whose residence and address is 7 Hidden Meadows Drive, Carlisle, Cumberland County, Pennsylvania. 3. Defendant and her late husband, Michael J. Hanft, entered into an agreement with Plaintiff for the borrowing of money from American Home Bank evidenced by a Mortgage Note, a true and correct copy of which is attached hereto and incorporated herein as Exhibit "A". By the terms of the Mortgage Note, Plaintiff agreed to pay back the amount borrowed, $526,081.00, together with interest thereon at the rate of 7.00% per annum in monthly installments of $3,500.03. 4. Pursuant to the terms of said Mortgage Bond, Defendant and her husband granted and conveyed to American Home Bank as security for the above-mentioned loan a Mortgage dated October 7,2002 and recorded October 11, 2002 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Mortgage Book 1777, Page 1444. A true and correct copy of said Mortgage is attached hereto and incorporated herein as Exhibit "B". 5. The real estate subject to the said Mortgage is all that certain lot of ground with the improvements thereon erected situate in Dickinson Township, Cumberland County, Pennsylvania, having a mailing address of 7 Hidden Meadows Drive, Carlisle, Pennsylvania and more particularly bounded and described on Exhibit "C" attached hereto and incorporated herein. 6. Defendant is the real owner of the real estate described in Paragraph 5 by virtue of a deed dated December 10,2001 and recorded December 21,2001 in the Cumberland County Recorder of Deeds Office in Deed Book 249, Page 3623 to Michael J. Hanft and Susan A. Hanft, husband and wife, as tenants by the entirety. The said Michael J. Hanft having died August 11,2004, title to the same remained vested by operation of law solely in his surviving spouse, Susan A. Hanft, the Defendant. 7. Plaintiff is the owner of the mortgage described in paragraph 5 by virtue of an Assignment of Mortgage from American Home Bank to Plaintiff recorded in the Cumberland County Recorder of Deeds Office in Miscellaneous Record Book 713, Page 3754. 8. The mortgage is in default because of Defendant's failure to make the payment due September 1, 2005 and the following amounts are now due on the mortgage: Principal balance Interest from September 1, 2004 through February 28, 2005 at $96.16 per day Unpaid late charges Attorney's fees TOTAL $50 I ,405.39 17,308.79 1,050.00 1.000.00 $520.764.00 Plus interest from February 28, 2005 at $96.16 per day, late charges and all other sums advanced pursuant to the mortgage and attorney's fees. WHEREFORE, Plaintiff respectfully requests judgment in favor of Plaintiff and against Defendant for foreclosure of the mortgaged property for the amount of $520,764.00 as set forth above, together with interest thereon, all other amounts advanced by Plaintiff, and Plaintiff's costs and reasonable attorney's fees. Respectfully submitted, Frey & Tiley, Att rneys for Plaintiff ~. By: Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 I verify that as a general partner for the Plaintiff that the statements made herein are true and correct and understand that false statements herein are made subject to the penalties of 18 Pa. C. S. A, S 4904 relating to unsworn falsification to authorities. Dated: March 7, 2005 V'll~. ~ INITIAL-PERIOD-FIXED/ADJUSTABLE RATE NOTE (1 Year Treasury ludex - Rate Caps) THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE I MUST PAY. OCTOBER 07, 2002 [Date) CARLISLE [City) 'j)tt\~ 7 HIDDEN MEADOWS ~, CARLISLE, PA 17013 Ify1IJ- :;#11 [Property Address) PA [State) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay V.S. $ 526,081.00 (this amount is called 'Principal"). plus interest, to the order of the Lender. The Lender is AMERI CAN HOME BANK, N. A. I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder.' 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 7 . 000 %. The interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after any default described in Section 7(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payments on the first day of each month beginning on DECEMBER 01, 2002 . I will make these payments every month unti!l have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If. on NOVEMBER 01, 2032 ,I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date. ' I will make my monthly payments at 805 ESTELLE DRIVE, SUITE 101 PO BOX 4454 LANCASTER, PA 17604-4454 or at a different place if required by the Note Holder. (B) Amount of My Initial Monthly Payments Each of my initial monthly payments will be in the amount of V.S. $ 3500.03. This amount may change. (C) Monthly Payment Changes Changes in my monthly payment will reflect changes in the unpaid principal of my loan and in the interest rate that I must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Note. 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of NOVEMBER 2007 . and the adjustable interest rate I will pay may change on that day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date.' MULTISTATE FIXED/ADJUSTABLE RATE NOTE-Nonassumable Fixed-Single Family-Freddie Mac UNIFORM INSTRUMENT LOAN ID: 0000010462 cD!: -834N (00101 Form 3593 1/01 V20'i. VMP MORTGAGE FORMS - (800}521-729~ <;;?JI..d Pagelof4 Initials:/"fO tJ1I''V IIIIIIIIIIIIIIIIIIIIII~ 11111111111 E)~}n::~'{T ~'l\ (B) Tbe Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of I year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the 'Current Index. ' If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable infonnation. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND 75/100 percentage points ( 2.750 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125 %). Subject to the limits stated in Section 4(0) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9 .000 % or less than 5 .000 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than TWO AND NO/I00 percentage point(s) ( 2.000 %) from the rate of interest J have been paying for the preceding 12 months. My interest rate will never be greater than 13 . 000 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include infonnation required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. 5. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time hefore they are due. A payment of Principal only is known as a 'Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. IIUlIY not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I lUlIy make a full Prepayment or partial Prepayments without paying any Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payments unless the Note Holder agrees in writing to those changes. My partial Prepayment lUlIy reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is froally interpreted so that the interest or other loan charges collected or to be collected in connection with this 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 SIDDS already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will he treated as a partial Prepayment. 7. BORROWER'S FAlLURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5 . 000 my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. calendar days % of cD ..fI34N 100101 '" V202 Page 2 ot 4 LOAN 1D: 0000010462 Form 35p..lfJ. IlljtjalS:~Ji'It EXHiSIT 4~~,7t (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a wrillen notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if, at a time when ] am in default, the Note Hotder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do SO if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable allomeys' fees. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if] give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 9. OBLIGATIONS OF PERSONS UNDER TIllS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise 10 pay the full amount owed. Any person who is a guarantor, surelY or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that anyone of us may be required to pay all of the amounts owed under this Note. 10. WAIVERS I and any other person who has obligalions under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons thaI amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"), dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may he required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: (A) UNTIL MY INITIAL FIXED INTERESf RATE CHANGES TO AN ADJUSTABLE INTERESf RATE UNDER TIlE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 18 OF TIlE SECURITY INSTRUMENT IS DESCRIBED AS FOLLOWS: Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all swns secured by this Security Instnunent. However. this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. 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 given in accordance with Section 15 within which Borrower must pay all Swns secured by this Security Instrument. If Borrower fails to pay these swns prior to the expiration of this period. Lender may invoke any remedies pennitted by this Security Instrument without further notice or demand on Borrower. . .834N (00101 ~ V203 P...301 4 LOAN ID: 0000010462 Form 35J}'},~. Jnlti8lS~ ElXHfBrr 't,., (B) WHEN MY INITIAL fiXED INTEREST RATE CHANGES TO AN ADJUSTABLE INTEREST RATE UNDER THE TERMS STATED IN SECTION 4 ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION H(A) ABOVE SHALL THEN CEASE TO BE IN EFFECT, AND UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT SHALL INSTEAD BE DESCRIBED AS FOLLOWS, Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior wrillen consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shalt not exercise this option if: (a) Borrower causes to be submitted to Lender infonnation required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably detennines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent pennilled by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, 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 given in accordance with Section 15 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 pennilled by this Security Instrument without further notice or demand on Borrower. WlTNE S THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) .Borrower J:~frJ. ~ (Seal) ~Borrower (Seal) -Borrower (Seal) ~Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower [Sign Original Only] ~-834N 10010) V204 r....4"4 LOAN ID: 0000010462 ~rr'A' Form 3593 1/01 ~ y\ /'v t..-t I)) (/t ROBERT P. ZIEGLER RECORDER OF DEEDS :UMBERLAND COUNTY-:i\ '02 OCT 11 PI'l 2 57 Prepared By: TAMMY HOUGENTOGLER Return To: AMERICAN HOME BANK, N .A. 805 ESTELLE DRIVE, SUITE 101 PO BOX 4454 LANCASTER, PA 17604-4454 Parcel Number: 08-09-0525-169 [Space Above ThIs Line For Recording Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11. 13, 18.20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document. which is dated OCTOBER 07, 2002 together with all Riders to this document. (B) "Borrower" is MICHAEL J HANFT, and SUSAN A HANFT, Husband and Wife Borrower is the mortgagor under this Security Instrument. (C) "Lender" is AMERI CAN HOME BANK, N. A. Lender is a NATIONAL ASSOCIATION PENNSYLVANIA - S;ngle Family - Fennie Mae/Freddie Mac UNIFORM INSTRUMENT _.6IPAI ,OOOBl von I1AA jJ. Page 1 ot16 InitialS/..L.!.-.f!:!- ~ VMP MORTGAGE FORMS -18001521-7291 Form 3039 1/01 LOAN ID: 0000010462 IIIIIIIIIIIIIIIIIIIIIII~IIIIIII EXHI3lT "B" BKI77~# organized and existing under the laws of UNITED STATES OF AMERICA Lender's address is 805 ESTELLE DRIVE, SUITE 101 PO BOX 4454 LANCASTER, PA 17604-4454 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated OCTOBER 07, 2002 The Note states that Borrower owes Lender FIVE HUNDRED TWENTY-SIX THOUSAND EIGHTY-ONE AND NO/100 Dollars (U.S. $ 526,081.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEMBER 01, 2032 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (Ii') "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: [XJ Adjustable Rate Rider D Balloon Rider DVARider D Condominium Rider D Second Home Rider D Planned Unit Development Rider D 1-4 Family Rider D Biweekly Payment Rider D Other(s) [specify] (II) "Applicable Law" means all controlling applicable federal. state and local statutes. regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final. non-appealable judicial opinions. (I) "Community Association Does, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft. or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer. or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such tenn includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers. and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note. plus (ii) any amounts under Section 3 of this Security Instrument. '''.,'''~~ O.,.61PAIIOOOSI V034 Pog,2 of 16 LOAN ID: 0000010462 Form 3039 1/01 BK I 7 7 7PG I 4 4 5 (0) "RESPA" means the Real Estate SellIement Procedures Act (12 U .S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 35(0). as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject mailer. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property. whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the perfonnance 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 the COUNTY [Type of Recording Jurisdiction] of CUMBERLAND [Name of Recording Jurisdiction): SEE ATTACHED LEGAL DESCRIPTION which currently has the address of 7 HIDDEN MEADOWS ~ CARLI SLE j)A.1I5 ("Property Address"): Itf14. SJI./f [City], Pennsylvania 17013 [Street) [Zip Code] 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 additions shal) also he covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property. " _i6IPAI {oooa, V041 1";ti",,~?iAIf P...30"6 LOAN ID: 0000010462 Form 3039 1/01 HK I 777 PG I 446 EXHJBIT"B" 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 warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform 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, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However. if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as seJected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the fuurre, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or perfonning the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be .~6IPAlIOOOBJ V048 InitiaJS:./JJJJ!J.... ~ ..,,40"6 LOAN ID: 0000010462 Form 3039 1101 BK I 7 7 7 PC I 4 4 7 .'.::'VoUl,",'" ".)" ~_",5"n."~_.".- 1-:;; paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a swn (the "Funds") to provide for payment of amolUlts due for: (a) taxes and assessments and other items which can altain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender IUIder Section 5; and (d) Mortgage Insurance premiums, if any, or any swns payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the tenn of the Loan. Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender FlUIds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and. if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item. Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amolUlt (a) sufficient to pennit Lender to apply the Funds at the lime specified under RESPA, and (b) not to exceed the maximum amolUlt a lender can require under RESPA. Lender shall 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 FlUIds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the FlUIds, annually analyzing the escrow accolUlt, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law pennits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to he paid on the FlUIds. Lender shall not be required to pay Borrower any interest or earnings on the FlUIds. Borrower and Lender can agree in writing, however, that interest .~6IPA) (0008( V055 (nrt;~"~ 9IJ1I _",.5ol18 LOAN ID: 0000010462 Form3039 1/01 BK I 7 7 7 PG I 4 4 8 EXHIBIT "8' shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESP A. If there is a surplus of Funds held in escrow, as defined under RESPA. Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESP A, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument. Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions altributable to the Property which can altain priority over this Security Instrument. leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items. Borrower shall pay them in the manner provided in Section 3. 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 Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder 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 a lien which can altain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set fOM above in this Section 4. Lender may require Borrower 10 pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tenn "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject 10 Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay. in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. O<i6{PAI (00081 V062 Init;'I~ P...6 ,fl' LOAN ID: 0000010462 Form 3039 1/01 BK I 7 7 7 PG I 4 4 9 EXHIBIT "B" If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property. or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiwns and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give 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, any insurance proceeds, whether or notlhe underlying insurance was required by Lender, shall he applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's Satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to he paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would he lessened, the insurance proceeds shall he applied to the swns secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. ]f Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 3O-day period will begin when the notice is given. In either event. or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiwns paid by Borrower) under all insurance policies covering the Property. insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or 10 pay amounts unpaid under the Note or this Security Instrument, whether or not then due. .~&IPA) 10008, V069 ,,,,,,.,,,JI1J1:. m P". 7 of 16 LOAN I D : 0000010462 Form 3039 1/01 BK I 7 7 j PG i 4 5 0 8"1-l!Brt "B" 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 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 extenuating circwnstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of tbe Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or COnmllt waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Propeny in order to prevent the Propeny from deteriorating or decreasing in value due 10 its condition. Unless it is detennined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condenmation proceeds are paid in connection with damage to, or the taking of, the Propeny, Borrower shall be responsible for repairing or restoring the Propeny only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Propeny. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Propeny as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rigbts Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Propeny, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any swns secured by a lien which has priority over this Security Instrument; (b) appearing in conn; and (c) paying reasonable attorneys' fees to protect its interest in the Propeny and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Propeny includes, but is not limited to. entering the Propeny to make repairs, change locks, reptace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9. Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. _-6(PAl WOOS} V076 BK I 7 7 7 PG I 4 5 I 'nttiomfI/fJ-- 2?IHI p...."',. LOAN 1D: 0000010462 Form3039 1/01 (~'f;' Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property. the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan. Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent 10 the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any wrillen agreement between Borrower and Lender providing for such tennination or untiltennination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on tenus and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might he characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed . captive reinsurance. . Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. .~6IPA) '00081 V083 ,""",,1iIt S'IJH P.g.90ft6 LOAN ID: 0000010462 Form3039 1/01 BK I 7 7 7 PG l 4 5 2 EXHIBIT "B" (b) Any such agreements will not affect the rights Borrower has . if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period. Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to he paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied 10 the swns secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall he applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the swns secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the swns secured immediately before the partial raking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the swns secured by this Security Instrument whether or not the swns are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to 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 Miscellaneous Proceeds either to restoration or repair of the Property or to the swns secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be O,i61PAl 10008' V090 Initi81s!f/llr- YIJ.II P,g"0 otl6 LOAN ID: 0000010462 Form 3039 1101 BK I 7 7 ., PG I 4 5 3 """~, .Jl dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impainnent of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the swns secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including. without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a 'co-signer'): (a) is co-signing this Security Instrument only to mortgage. grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the swns secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and henefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services perfonned in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not he construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instroment or by Applicable Law. If the Loan 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 pennilled limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the pennilled limit; and (b) any swns already collected from Borrower which exceeded pennined limits 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 a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to IO.".,j}!k YiHJ ~-6IPA) <OOOB, V097 pog. \1 of 16 LOAN ID: 0000010462 Form 3039 1/01 BK I 7 7 7 PG I It 5 4 EXHIBIT V have been given to Borrower when mailed by firsl class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at anyone time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any nOlice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument . 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is localed. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the NOle which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior wrillen consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However. this option shall not he exercised by Lender if such exercise is prohibited by Applicable Law. 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 given in accordance with Section 15 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 permilled by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Inslrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or G.,-6lPAI \0008' VI06 lo;ti."k g1tIJ _",,12of'. LOAN ID: 0000010462 Form3039 1/01 8K I 7 7 7 PG I I; 5 5 EXHISIT "8" agreements; (c) pays all expenses incurred in enforcing this Security Instrument. including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (h) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and 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 Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the 'Loan Servicer') that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note. this Security Instnnnent, and Applicable Law. There also might 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 which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other infonnation RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence. join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall he deemed to satist'y the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances' are those substances defined as toxic or hazardous substances, pollutants, or wastes by Enviromnental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing ashestos or fonnaldehyde, and radioactive materials; (h) 'Enviromnental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) 'Enviromnental Cleanup' includes any response action, remedial action, or removal action, as defined in Enviromnental Law; and (d) an 'Environmental Condition' means a condition that can cause, contribute to, or otherwise trigger an Enviromnental Cleanup. _i"6CPAJ 10008) Vll1 '"itl.,/!!!r flJHI P"".13 " ,. LOAN ID: 0000010462 Form 3039 1/01 BK I 7 7 7 PG I 4 5 6 ~ ''''' BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: /dI;}1IfJ- j!ICHAEL J HAN T (Seal) -Borrower ~,.~ AN A HANFf I (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) -Borrower -Borrower O..-6IPA) 10008' V125 p... IS 0"6 LOAN ID: 0000010462 Form 3039 1101 BK I 7 7 7 PG I 4 5 8 EXHIBIT "B" Certificate of Residence I, TAMMY HOUGENTOGLER , do hereby certify that the correct address of the within-named Mortgagee is AMERI CAN HOME BANK, N, A. 805 ESTELLE DRIVE, SUITE 101 PO BOX 4454, LANCASTER, PA 17604-4454 Witness my hand this 7th day of OCTOBER 2002 Agent of Mortgagee C,'",^ n...L,__J2 COMMONWEALTH OF PENNSYLV ANlA, " xt-< On this, the 7f1v day of [Pifd'h-l J .;2..{) (J ;;;L> undersigned officer, personally appeared, j 4~) tI, Ji"...Ji.:. 1fJ.<~) 9-. ~ f 7~'14 /,"/- County ss: , before me, the known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: ,'J';; .,.,' . " Notarial Seal Mary M, Price, NoIary PublIc C",'i,\'} Boro. Cumberlaoo coun~ MV Commission ExpIres Aug. 18, 2 f...." ,'.r :~~'" '.." 1(fiJ) 'fir, r2~ n'ofqfol PublfC Title of off)ler "'-...:-. ~ '-", . " ~"./ ~,'t ,< ~ -.\,- /,~",:~,'-~-: ~~~~::~:y<,~~~,},~ , .A'lf,~;,:",I.'~I,:. ((:'~;f~;.(1"" Id(~~l," >. ,.,.,.... .~6IPAJ (oooa, V129 ,",,,,,,;11!t3IHI P",,".0116 LOAN ID: 0000010462 Form 3039 1101 BK I 7 7 7 PG I 4 5 9 Policy No. 287472 SCHEDULE "c" Title No.1 000.9 LEGAL DESCRIPTION ALL TIlA T CERTAIN lot of ground situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with the land Subdivision for Hidden Meadows prepared by Carl Bert and Associates, professional land surveyor, dated November 8. 1999 and recorded in the hereinafter Recorder's Office in Plan Book 82, Page 58 as follows: BEGINNING at an iron pin at the western right-of-way line of 60 feet wide Hidden Meadows Drive at the dividing line between Lots Nos. 6 and 7; thence along the western right-of-way line of 60 feet wide Hidden Meadows Drive, by a curve to the right having a radius of 40.00 feet an arc distance of38.87 feet to an iron pin; thence by same by a curve to the left having a radius of60.00 feet an arc distance of91.16 feet to an iron pin at the dividing line between Lots Nos. 6 and 12; thence along the dividing line between Lots Nos. 6 and 12, South 09 degrees 00 minutes 25 seconds West a distance of 126.69 feet to an iron pin; thence by same South 3] degrees 36 minutes 03 seconds East a distance of275.45 feet to a concrete monument in the dividing line between Lots Nos. 5 and 6 at the southwest comer of Lot No, 12; thence along the dividing line hetween Lots Nos. 5 and 6, South 47 degrees 06 minutes 25 seconds West a distance of 611.98 feet to a concrete monument in the dividing line between Lots Nos. 4 and 6; thence along said dividing line between Lots Nos. 4 and 6, North 39 degrees 07 minutes 05 seconds West a distance of2] 1.48 feet to an iron pin at the southeast comer of Lot No.2; thence along the dividing line between Lot Nos. 2 and 6, North 41 degrees 49 minutes 42 seconds West a distance of ]58.4] feet to an iron pin in the dividing line between Lots Nos. 6 and 7; thence along the dividing line between Lots Nos. 6 and 7, North 39 degrees 59 minutes 58 seconds East a distance of775.98 feet to an iron pin in the western right-of-way line of60 feet wide Hidden Meadows Drive, the Place of BEGINNING. BEING all of Lot No.6 as shown on the Land Subdivision for Hidden Meadows recorded in Plan Book 82, Page 58 and containing 6.32992 acres. I ("'I./>::::"v "f1 . -../I.""''''.i ' ::) In Cur" 1,.': r!"/~," .' '.~ 1 ~\/ () "" ~. ,,/ , . ~...r Recorder on EXHtBlT "B" BK I 7 7 7 PG I 4 & 0 INITIAL PERIOD FIXED/ADJUSTABLE RATE RIDER (1 Year Treasury Index - Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 7th day of OCTOBER 2002 , and is incmporated into and shall be deemed to amend and supplement the Mortgage. Deed of Trust, or Deed to Secure Debt (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to AMERICAN HOME BANK, N.A. (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 7 HIDDEN MEADOWS ~, CARLISLE, PA 17013 't>A.I;/;N- >iJfI [Property Address] THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instnnnent, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 7 . 000 changes in the interest rate and the monthly payments, as follows: %. The Note provides for 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of NOVEMBER 2007 . and the adjustable interest rate I will pay may change on that MULTISTATE FIXED/ADJUSTABLE RATE RIDER INonassumable Fixed) - Siog'e Family- Freddia Mac UNIFORM INSTRUMENT LOAN ID: 0000010462 _B34R (0008) Form 31951/01 <:AlA! Page 1 of 5 V205 10itials"7J'jjf.. 't17rN VMP MORTGAGE FORMS. t800~1 III~IIIIIIIII EXHtBIT "B" BK I 7 7 7 PG I 4 6 I day every 12th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the weekly average yield on United States Treasury securities adjusted to a constant maturity of I year, as made available by the Federal Reserve Board. The most recent Index figure available as of the date 45 days before each Change Date is called the "Current Index. " If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable infonnation. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND THREE QUARTERS percentage points ( 2.750 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the maturity date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 9 . 000 % or less than 5 . 000 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than TWO AND NO/100 percentage point(s) ( 2 . 000 %) from the rate of interest I have been paying for the preceding twelve months. My interest rate will never he greater than 13 .000 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. G-834R 10008} ~ V206 Page 2 of 5 'njtia's;~m Form 3195 1/01 LOAN ID: 0000010462 EXHtBtT "B" BK \777PG 1462 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. ;!~tJ2rfIf- ~) /MICHAEL J HANFT -Borrower ~t/J4At 4. W:- l\N A HANFt I (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower _S34R (OOOSI .. V209 Page 5 of 5 Form 3195 1/01 LOAN ID: 0000010462 EXHIBIT "B" BK I 7 7 7 PG I 4 6 5 ALL THAT CERTAIN lot of ground situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with the land Subdivision for Hidden Meadows prepared by Carl Bert and Associates, professional land surveyor, dated November 8, 1999 and recorded in the hereinafter Recorder's Office in Plan Book 82, Page 58 as follows: BEGINNING at an iron pin the western right-of-way line of 60 feet wide Hidden Meadows Drive at the dividing line between Lots Nos. 6 and 7; thence along the western right-of-way line of 60 feet wide Hidden Meadows Drive, by a curve to the right having a radius of 40.00 feet an arc distance of 38.87 feet to an iron pin; thence by same by a curve to the left having a radius of 60.00 feet an arc distance of 91.16 feet to an iron pin at the dividing line between Lots Nos. 6 and 12; thence along the dividing line between Lots Nos. 6 and 12, South 09 degrees 00 minutes 25 seconds West a distance of 126.69 feet to an iron pin; thence by same South 31 degrees 36 minutes 03 seconds East a distance of 275.45 feet to a concrete monument in the dividing line between Lots Nos. 5 and 6 at the southwest corner of Lot No. 12; thence along the dividing line between Lots Nos. 5 and 6, South 47 degrees 06 minutes 25 seconds West a distance of 611.98 feet to a concrete monument in the dividing line between Lots. Nos. 4 and 6; thence along said dividing line between Lots Nos. 4 and 6, North 39 degrees 07 minutes 05 seconds West a distance of 211.48 feet to an iron pin at the southeast corner of Lot No.2; thence along the dividing line between Lot Nos. 2 and 6, North 41 degrees 49 minutes 42 seconds West a distance of 158.41 feet to an iron pin in the dividing line between Lots Nos. 6 and 7; thence along the dividing line between Lots Nos. 6 and 7, North 39 degrees 59 minutes 58 seconds East a distance of 775.98 feet to an iron pin in the western right-of-way line of 60 feet wide Hidden Meadows Drive, the Place of BEGINNING. BEING all of Lot No.6 as shown on the Land Subdivision for Hidden Meadows recorded in Plan Book 82, Page 58 and containing 6.32992 acres. HAVING THEREON ERECTED a single family residence with mailing address of 7 Hidden Meadows Drive, Carlisle, Pennsylvania \7013. EXHIBIT "C" ....J 0400118196 PA-40 - 2004 Pennsylvania Income Tax Return ENTER ONE LETTER OR NUMBER IN EACH BOX. Do Not Use Your Preprinted Label 174051914 BURGNER ALETHA y RETIRED Occupation Occupation 910 WEST NORTH STREET CARLISLE PA 17013 21110 1 a Gross Compensation. Do not include exempt income, such as combat zone pay and qualifying retirement benefits. See the instructions. 1 b Unreimbursed Employee Business Expenses. 1 c Net Compensation. Subtract Line 1b from Line 1a. 2 Interest Income. Complete PA Schedule A if required. 3 Div'ldend and CapItal Gains Distribution Income. Complete PA Schedule B if required. 4 Net Income or Loss from the Operation of a Business, Profession, or Farm. 5 Net Gain or Loss from the Sale, Exchange, or Disposition of Property. 6 Net Income or Loss from Rents, Royalties, Patents, or Copyrights. 7 Estate or Trust Income. Complete and submit PA Schedule J. 8 Gambling and Lottery Winnings. 9 Total PA Taxable Income. Add only the positive income amounts from Lines 1 c, 2,3,4,5,6,7, and 8. DO NOT ADD any losses reported on Lines 4, 5, or 6. 10 Medical Savings Account. CAUTION. See the instructions. Enter the amount from your Federal Income Tax return. Do not deduct medical expenses or insurance. 11 Adjusted PA Taxable Income. Subtract Line 10 from Line 9. PAIA0412 01/04/05 ~ EC N N R L Extension. Amended Return. Residency Status. PA ResidentlNonresidentlPart-Year Resident from to S Single/Married, Filing JointlylMarried, Filing SeparatelylFinal Return/Deceased Date of Death N FC L 0400118196 IT] DJIIIJ OJ Farmers. 1a 0 1b 0 1c 0 2 7926 3 47 4 0 5 0 6 0 7 0 8 0 9 7973 10 0 11 7973 0400118196 ....J ~ 0400218194 PA-40 - 2004 Social Security Number 174051914 Namels) A 1 etha Y Burgner 12 PA Tax Liability. Multiply Line 11 by 3.07 percent (0.0307). 13 Total PA Tax Withheld. See the instructions. 14 Credit from your 2003 PA Income Tax Return. 15 2004 Estimated Installment Payments. 16 2004 Extension Payment. 17 Nonresident Tax Withheld from your PA Schedule(s) NRK-l. (Nonresidents only) 18 Total Estimated Payments and Credits. Add Lines 14,15,16, and 17. Tax Forgiveness Credit. 19a Filing Status: 01 Unmarried or Separated 02 Married .03 Deeeased 19b Dependents, Part S, line 2, PA Schedule SP 20 Total Eligibility Income1rom Part C, Line 11, PA Schedule SP. 21 Tax Forgiveness Credit from Part D, Line 16, PA Schedule SP. 22 Resident Credit. Submit your PA Schedule(s) G and/or RK-l. 23 Total Other Credits. Submit your PA Schedule oe. 24 TOrAL PAYMENTS and CREDITS. Add Lines 13 and 18. 21, 22, and 23, 25 TAX DUE. Ii Une 12 is more than Line 24, enter the difference here. 26 Penalties and Interest. See the instructions. If attaching form REV-1630, mark the box. 27 TOrAL PAYMENT. Add Lines 25 and 26, 28 OVERPAYMENT. If Une 2415 more than the total of Line 12 and Line 26, enter the difference here. The total of l.ines 29 through 35 must equal Line 28. 29 Refund - Amount of Line 28 you want as a check mailed to you. Refund 30 Credit - Amount of Line 28 you want as a credit to your 2005 estimated account. 31 Amount of Line 28 you want to donate to the Wild Resource Conservation Fund. 32 Amount of Line 28 you want to donate to the United States Olympic Committee. 33 Amount of Une 26 you want to donate to the Governor Robert P. Casey Memorial Organ and Tissue Donation Awareness Trust Fund. 34 Amount of Line 28 you want to donate to the KoreaNletnam Memorial Inc. 35 Amount of Line 28 you want to donate to Breast and Cervical Cancer Research Fund. Your Signatufe Date Spouse's Signature, '1lliling joinUy Frey & Tiley 25-1730538 5 S, Hanover St., (717) 243-5838 CARLISLE PA 17013 , of wh;,h tho p"pa'" h" "Y '",wf"g, (P'"" r~~" PAlA0412 01/04f05 L 0400218194 L N 12 13 14 15 16 17 18 19 a 01 19b 00 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 245 o 53 207 o o 260 7973 98 o o 358 o o o 113 o 113 o o o o o Dale I P'"pa"'''''phoo"o,mb'' 0400218194 ~ --.J 0401210018 PA SCHEDULE A & B Interest and Dividend Income PA-40 AIB (09-04) If ou need more 5 ace, au ma Name shown first on the PA-40 (even if filing jointly) 2004 OFFICIAL USE QNl Y hatoeD these schedules or ra are our own schedules in these formats. Social Security Number (shown first) Aletha Y Bur ner 174-05-1914 CAUTION: Federal and PA rules for taxable interest and dividend income are different. Read the Instructions. If your taxable interest and dividend income are each $2,500 or less, you must report the income, but do not need to submit any schedule. If either your interest income or dividend income is more than $2,500, you must submit a PA Schedule A &. B. PA-40 A (09-04) PA SCHEDULE A - PA Taxable Interest Income 1 PA Taxable Interest Income. See the instructions. I Leaa Mason 5,228. Wachovia 2,698. 2 Total Interest Income. Add all amounts listed (includina amounts on additional schedules). . . . . . . . . . . . . . . . 2 7 926. 3 Interest income from PA S Corporations and partnership(s), from your PA Schedule(s) RK.1. . . . . . . . . . . . . . . 3 4 Total PA Taxable Interest Income. Add Lines 2 and 3. Enter on Line 2 of your PA.40. . . . . . . . . . . . . . . . . .. 4 I IMPORTANT: Capital Gain Distributions are dividend Income for PA purposes. PA SCHEDULE B - PA Taxable Dividend and 7,926.1 PA-40 B {O9.04} Caoital Gains Distributions Income 1 PA Taxable Dividend Income. See the instructions. 1 Leqq Mason 47. 2 Total Dividend Income. Add all amounts listed (includinq amounts on additional schedules) . . . . . . . . . . . . . . . 2 47. 3 Caoital Gains Distributions See Instructions. ....................... ....... ............. 3 4 Dividend income from PA S corooration(s) and oartnershios, from vour PA Schedule(s) RK.1 . . . . . . . . . . . . . . 4 5 Total PA Taxable Dividend Income. Add Lines 2, 3, and 4. Enter on Line 3 of your PA.40. . . . . . . . . . . . . . . . 5 47. L 0401210018 PAIA0801 08/04/04 0401210018 --.J --.J 0401320015 PA SCHEDULE D Sale, Exchange. or Disposition of Property PA-40 D (Q9-04) 2004 OFFICIAL USE ONLY If au need more s ace, au ma hotoca this schedule or ra are our own schedule in this format. Name 01 the taxpayer filing this schedule ill filing a PA.040 joinlly enter the name shoWl'llirsl) Social Security Number {shown Illst) Aletha Y Burgner 174-05-1914 Important: Each spouse must file a separate PA Schedule 0 to report his or her sales. (f selling jointly owned property, spouse must submit a separate PA Schedule 0 for only that property. A spouse may not offset his/her gains (losses) against the other spouse's gains (losses), If filing separately hut selling jointly owned property, each spouse reports his/her share of the gain (loss) from the PA Schedule 0 for the joint sale. Taxpayers must each submit a copy of the 'joint' PA Schedule O. Read the instructions. Enter aU sales, exchanges, or other dispositions of real or personal tangible and intangible property, including inherited property. Amounts from Federal Schedule 0 may not be correct for PA income tax purposes. Nonresidents should read carefully the instructions concerning intangible property. 1 (a) (b) (e) (d) (e) (I) Describe the jiroperty: Date acquired: Date sold: Gross sales price Cost or Adjusted Gain or loss: 100 shares of X Z stock, or Mo/day,year Moldaylyear less expenses Basis of the (d) minus (e) 10 acres in Dauphin County of sale property sold 35m MBNA Bk4.2% 1 09/27/01 10/04/04 35 000. 35,000. O. 2 Net gain (loss) from above sales. ................................................. 2 O. 3 Gain from installment sales from PA Schedule 0-' . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 Taxable distributions from C corporations. . . . . . Enter total distribution. . . .1 B= 4 Minus adjusted basis. . . . . 5 Net gain (Joss) from the sale of 6.1.71 property from PA Schedule 0-71. . . . . . . . . . . . . . . . . . . . . . . . . 5 6 Net PA S corporation and partnership gain (loss) from your PA Schedule(s) RK-1 or NRK-1 . . . . . . . . . . . . 6 Taxable gain from selling a principal residence Complete and submit Form PA-19 Complete Columns (a) through (e) and enter your total gain on line 8 (a) (b) (e) (d) (e) (I) Address of residence Date a;~~~ed: Date sold: Gross sales price Cost or Ad~~~ted 6asis Gain or loss: MaIda I ear Moldavlvear less eXDenses of sale of the pro erty sold (d) minus fe) 7 Taxable gain from the sate of your principal residence. If you realized a loss on the taxable portion of the sale of your orincioal reSIdence, enter a zero. . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . 7 8 Taxable distributions from nartnershins from PA Schedule 0 (PIS) . . . . . , . . . . . . . . . . . . . . . . . . . . . . 8 9 Taxable distributions from PA S coroorations from PA Schedule 0 {PIS'. . , . . . . . . . . . . . . . . . . . . . . . . 9 10 Taxable aain from annuities. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . , . . . . . . . . . . . . . . . . . . . . , . 10 11 Total PA taxable gain (loss). Add lines 2 throunn 10. Enter on line 5 of your PA~40. . . . . . . . . . . . . . . . . . . . . . . . . . 11 O. I L 0401320015 PAIA0501 10119104 0401320015 --1 --.J 0401120019 PA-4Q Schedule SP (09-04) Name Of taxpayer claimlng Ta.x Forgiveness (if filing a PA-4D iointly, entar the name shown first) A1etha Y Buraner PA SCHEDULE SP Special Tax Forgiveness 2004 OFFICIAL USE ONLY Social Security Number (shown first) 174-05-1914 Spouse's Name {even it filing separately) Spouse's Social Security Number Part A. Filing Status for Tax Forgiveness. l!] Unmarried, use Column A to calculate your Eligibility Income. Check the Unmarried box on Une 19a of your PA.40. Check the box that describes your situation: I!J Single. Unmarried/divorced on December 31, 2004. o Single and claimed as a dependent on another person's PA Schedule SP. Enter the other person's: SSN: Name: o Separate,d . use Column A to calculate your Eligibility Inco'!'e. . . Check thIs box only if: (a) you are separated pursuant to a wrItten agreement and lived apart for t~e last SIX months of the year, or (b) you were married, but separated and lived apart for the last six months of the year. Check the Unmamed box on Line 19a of your PA~40. o Married. Check the Married box on line 19a of your PA-40. Enter your spouse's name and SSN above. Check the box that describes your situation: B Married and claiming Tax Forgiveness together with my spouse. Use Column A to calculate Eligibility Income. Married and filing separate PA tax returns. 0 Certfflcat!on. Ch~ck this box certifying that you and your spouse are submitting the same Information on each PA Sctiedule SP. Use Columns Band C to calculate your Eligibility Income. o Married with a spouse who is a dependent on another person's PA Schedule SP or federal income tax return. Use columns 8 and C to calculate Eligibility Income. Enter the other person's: SSN: Name: o Separated and lived apart from my spouse but for less than the last six months of the year. Use Columns 8 and C to calculate Eligibility Income. Enter your spouse's name and SSN above. o Deceased - use Column A to calculate your Eligibility Income. Check the Deceased box on Une 19a of the PA.40. You must annualize the decedent's income (see the instructions) and briefly describe your method: Part B. DeDendent Children. Provjde all the information for each dependent child. If more than four dependent children, submit additional sheets in this format. 1 Dependent's Name Ace R~ationshjo SSN IMPORTANT: Only claim the child or children that you claimed as your dependent(s) on your 2004 Federal Income Tax return. 2 Number of dependent children. 2 I 0.1 Enter on Une 19b of vour PA~4Q . . . . Part C. Eliaibilitv Income Married taxpayers filing jointly use Column A and Eligibility Income I Married taxpayers filing separately, and taxpayers separated but not for Table 2. S;ngle tilers. qua1ifyjn~l:rarated filers, and if filing for a the last six months of the year use Columns Band C, and Eligibility decedent use Column A and Ii ibilitv Income Table 1. Income Table 2. Column A The Eligibility Income Tables are in the PA-40 booklet. Married Fllin SeDaralelv Sinftle or Married Column B Column C FI ing Jointly Taxpayer Spouse 1 7 973. PAtaxableincomefromvourPA.-40.................. . 1 2 O. Nontaxable interest, dividends, and Qains . . . . . . . . . . . . . . . 2 3 O. Alimon, . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 4 O. Insurance oroceeds and inheritances. . . . . . . . . . . . . . . . . . 4 5 O. Gifts, awards, and prizes. . . . . . . . . . . . . . . . . . . . . . . . . . 5 6 O. Nonresident income - oart.vear residents and nonresidents . . . 6 7 O. Nontaxable militarv income - Do not include combat pB\" . . . . . 7 8 o . Gain excluded from the sale of a residence. . . . . . . . . . . . . . 8 9 O. Nontaxable educational assistance . . . . . . . . . . . . . . . . . . . 9 10 O. Cash received tor oersonal ourooses from outside your home. . . 10 11 7,973. - Tolal EIiQlbiiltv Income for Column A Total Eliolbllltv Income for Columns Band C - add lines 1 throuQh 10 for each snouse and enter the total - 11 Part D. Calculallno vour Tax Foralvaness Credit 12 245. PA Tax Liabilitv from vour PA-40, Line 12 . , . . . . . . . . . . . . . . , . . . . . . . . .'. . . . . 12 13 Less Resident Credit from vour PA..40. Une 22. . . . . . . . . . . . . . . . . . . . . . . . . . . . 13 14 245. Net PA Tax Liabilitv. Subtract Une 13 from Line 12 . . . . . . . . . . . . . . . . . . . . . . . . . 14 Percentage of Tax Forgiveness from the Eligibility Income Table using your 15 0.40 dsMndentsfromPartBandvourTotaIElia-lbllitv-'ncomefromUnel1........... . 15 16 98. Tax Forgiveness Credit. Multiply Une 14 by the decimal on line 15. Enter on your PA~40, Une 21. . . . . . 16 L 0401120019 PA1A2901 lOIZ6/()4 0401120019 - .......', c:~.~~ r:',':t eX" - ~ 0 V\ ~~,.' ~ ~ <!\ I -J ~ ) -"Q --. IJ'\ --V , :J;;: " S' "N ~ t_,", ~, ~ 3. l.n ~ -:t;\ r<, " ~ ELBERT, L.P., Plaintiff : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, : PENNSYLVANIA vs. : CIVIL ACTION - LAW SUSAN A. HANFT, Defendant : NO. 05- t I ''to CIVIL TERM ACCEPTANCE OF SERVICE I, Susan A. Hanft, accept service of the Complaint in Mortgage Foreclosure as Defendant in the above-captioned matter. Date: March} ,2005 ~v~;1. an A. Hanft 7 Hidden Meadows Drive Carlisle, Pennsylvania 17013 fj^,~ 'j, S',.j C.:J -:( ( ~1 V.~, vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05- 1190 CIVIL TERM ELBERT, L. P., Plaintiff SUSAN A. HANFT, Defendant PRAECIPE FOR DEFAULT JUDGMENT TO: Cumberland County Prothonotary Please enter judgment in favor of Plaintiff and against Defendant in the amount of $520,764.00 with interest thereon at the rate of $96.16 per day from February 28, 2005 plus attorney's fees and costs, for failure of Defendant to plead within twenty days from the date of service of the Complaint on March 7, 2005. It is certified that Notice of Intention to Enter Default Judgment has been given in accordance with Rule 237.1 of the Pennsylvania Rules of Civil Procedure, a copy of said Notice being attached hereto. DATED: May 13,2005 Respectfully submitted, Frey & Tiley, Attorneys for Plaintiff {~_J, Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 By: ELBERT, L. P., IN THE COURT OF COMMON PLEAS OF Plaintiff CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW SUSAN A. HANFT, NO. 05- 1190 CIVIL TERM Defendant TO: Susan A. Hanft DATE OF NOTICE: April 26, 2005 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN TillS CASE. UNLESS YOU ACT WITillN TEN (0) DAYS FROM THE DATE OF TillS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGIITS. YOU SHOULD TAKE TillS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: CUMBERLAND COUNTY BAR ASSOCIATION 2 UBERTY AVENUE CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 r! ~:2 ...., c) ~ c;::::::> c:::> -n !) <<' ~ :::=! r, ~ f'..: 7~" j"ll .. -~ --- ..{> c...l " ~ -<:, G -;:'!: t 0 -.. ~ {" " ...r O'J ro. ~ ~ l,\ J:~ \ -. I.>> () L-\ > ELBERT, L.P., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA vs. CIVIL ACTION - LAW 1/90 NO. 05- ~ CIVIL TERM SUSAN A. HANFT, Defendant Amount Due Interest f 10.- Arty's Comm. Costs $520,764.00 f~b r.....v-l '"l... ~l z- boS- /-" dol>>. .f!- s~l'l 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: See Legal Description attached as Exhibit "A" Dated: June 7, 2005 Signature: Print Name: Address: N:J. Robert G. Frey 5 South Hanover St. Carlisle, P A 17013 Plaintiff 717-243-5838 46397 Attorney for: Telephone: Supreme Court ID r:J ~ r ~ r ~ ~ tf ~ ro- . (::) -,:::)~ ~ lI) ~ () ..... 0 ~ ~ = ~ c = " ~ <J'l ~ 9-J -:0 ~,- L- ..... n -rJr:c' if,:n :-- rn\", c: 0 0 B C> ~ 8 "~.. " Z ~~ d ...-.-- ~.' -:7.... I () 0 () ~?-': -.J I -J ~c-. :t>' ~=H ?';'c: ::J: ,~ ~ ~ ~ f- = c'' :::- :Pc - , ~ Z .. ~ , ~ :(i W ~~ W , , ~ , , ---J::- . ~ ALL THAT CERTAIN lot of ground situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with the land Subdivision for Hidden Meadows prepared by Carl Bert and Associates, professional land surveyor, dated November 8, 1999 and recorded in the hereinafter Recorder's Office in Plan Book 82, Page 58 as follows: BEGINNING at an iron pin the western right-of-way line of 60 feet wide Hidden Meadows Drive at the dividing line between Lots Nos. 6 and 7; thence along the western right-of-way line of 60 feet wide Hidden Meadows Drive, by a curve to the right having a radius of 40.00 feet an arc distance of 38.87 feet to an iron pin; thence by same by a curve to the left having a radius of 60.00 feet an arc distance of 91.16 feet to an iron pin at the dividing line between Lots Nos. 6 and 12; thence along the dividing line between Lots Nos. 6 and 12, South 09 degrees 00 minutes 25 seconds West a distance of 126.69 feet to an iron pin; thence by same South 31 degrees 36 minutes 03 seconds East a distance of 275.45 feet to a concrete monument in the dividing line between Lots Nos. 5 and 6 at the southwest corner of Lot No. 12; thence along the dividing line between Lots Nos. 5 and 6, South 47 degrees 06 minutes 25 seconds West a distance of 611.98 feet to a concrete monument in the dividing line between Lots. Nos. 4 and 6; thence along said dividing line between Lots Nos. 4 and 6, North 39 degrees 07 minutes 05 seconds West a distance of 211.48 feetto an iron pin at the southeast corner of Lot No.2; thence along the dividing line between Lot Nos. 2 and 6, North 41 degrees 49 minutes 42 seconds West a distance of 158.41 feet to an iron pin in the dividing line between Lots Nos. 6 and 7; thence along the dividing line between Lots Nos. 6 and 7, North 39 degrees 59 minutes 58 seconds East a distance of 775.98 feet to an iron pin in the western right-of-way line of 60 feet wide Hidden Meadows Drive, the Place of BEGINNING. BEING all of Lot No.6 as shown on the Land Subdivision for Hidden Meadows recorded in Plan Book 82, Page 58 and containing 6.32992 acres. HA VING THEREON ERECTED a single family residence with mailing address of 7 Hidden Meadows Drive, Carlisle, Pennsylvania 17013. EXHI8rr"A' WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1190 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ELBERT, L.P., Plaintiff (s) From SUSAN A. HANFT (I) 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 npon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $520,764.00 Interest FROM 2/28/05 TO DATE OF SALE L.L. $.50 Atty's Corum % Atty Paid $82.00 Plaintiff Paid Date: JUNE 7, 2005 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) prothon2 ~ '---..!3y: ~~ Il P IZ/J/ t.J Deputy REQUESTING PARTY: Name ROBERT G. FREY, ESQUIRE Address: 5 SOUTH HANOVER STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-5838 Supreme Court ID No. 46397 I ELBERT, L.P., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW NO. 05- ~ CIVIL TERM vs. SUSAN A. HANFT, Defendant AFFIDAVIT PUlt.'lUANT TO RULE 3129 Robert G. Frey, attorney for Elbert, L.P., Plaintiff in the above-captioned action, sets forth as of the date that the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 7 Hidden Meadows Drive Carlisle (Dickinson Township, Cumberland County), Pennsylvania, and more particularly described in a complete description thereof which is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth, as follows: 1. The name and address of the owner or reputed owner is Susan A. Hanft, 7 Hidden Meadows Drive Carlisle, P A 17013. 2. The name and address of the Defendant in the judgment is Susan A. Hanft, 7 Hidden Meadows Drive, Carlisle, PA 17013. 3. The names and last known addresses of every judgment creditor whose judgment is a record lien on the real estate to be sold are as follows: Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 Mclean, VA 22102 4. The names and addresses of the last recorded holder of every mortgage of record other than the mortgage which is the subject of this action are as follows: Gateway Funding Diversified Mortgage Services, L. P. 300 Welsh Road, Building 5 Horsham, P A 19044 5. The names and addresses of all other persons who have any record interest in or record lien on the real estate and whose interest may be affected by the sale are as follows: Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 Mclean, VA 22102 'I 6. The names and address of all other persons of whom the Plaintiff has knowledge who have any interest in the real estate which may be affected by the sale are as follows: Occupant 7 Hidden Meadows Drive Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Office 13 North Hanover Street Carlisle, PA 17013 Carolyn R. McQuillen Tax Collector for Carlisle Area School District and Dickinson Township 1044 Pine Road Carlisle, PA 17013 Conestoga Title Insurance Company 137 East King Street Lancaster, PA 17602 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. H904 relating to unsworn falsification to authorities. Date: June 3, 2005 --J ALL THA T CERTAIN lot of ground situate in Dickinson Township, Cumberland County, Pennsylvania, bounded and described in accordance with the land Subdivision for Hidden Meadows prepared by Carl Bert and Associates, professional land surveyor, dated November 8, 1999 and recorded in the hereinafter Recorder's Office in Plan Book 82, Page 58 as follows: BEGINNING at an iron pin the western right-of-way line of 60 feet wide Hidden Meadows Drive at the dividing line between Lots Nos. 6 and 7; thence along the western right-of-way line of 60 feet wide Hidden Meadows Drive, by a curve to the right having a radius of 40.00 feet an arc distance of 38.87 feet to an iron pin; thence by same by a curve to the left having a radius of 60.00 feet an arc distance of 91.16 feet to an iron pin at the dividing line between Lots Nos. 6 and 12; thence along the dividing line between Lots Nos. 6 and 12, South 09 degrees 00 minutes 25 seconds West a distance of 126.69 feet to an iron pin; thence by same South 31 degrees 36 minutes 03 seconds East a distance of 275.45 feet to a concrete monument in the dividing line between Lots Nos. 5 and 6 at the southwest corner of Lot No. 12; thence along the dividing line between Lots Nos. 5 and 6, South 47 degrees 06 minutes 25 seconds West a distance of 611.98 feet to a concrete monument in the dividing line between Lots. Nos. 4 and 6; thence along said dividing line between Lots Nos. 4 and 6, North 39 degrees 07 minutes 05 seconds West a distance of 211.48 feet to an iron pin at the southeast comer of Lot No.2; thence along the dividing line between Lot Nos. 2 and 6, North 41 degrees 49 minutes 42 seconds West a distance of 158.41 feet to an iron pin in the dividing line between Lots Nos. 6 and 7; thence along the dividing line between Lots Nos. 6 and 7, North 39 degrees 59 minutes 58 seconds East a distance of 775.98 feet to an iron pin in the western right-of-way line of 60 feet wide Hidden Meadows Drive, the Place of BEGINNING. BEING all of Lot No.6 as shown on the Land Subdivision for Hidden Meadows recorded in Plan Book 82, Page 58 and containing 6.32992 acres. HA VING THEREON ERECTED a single family residence with mailing address of 7 Hidden Meadows Drive, Carlisle, Pennsylvania 17013. -1IBrr "A' 0 ..., c = ~ = ~ """ -ci:tr <- :2 rTll'". c:: --;:':" Z ~~ ;~~ (,rJ I j -.I Z3 ~ ~ 1]c' :P> i5:n -n ;:JJ: ?"() '>,= - -~f"n :z: - g ::;! c..> S5 w '< ELBERT, L.P., Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW 1/40 NO. 05- H99f) CIVIL TERM vs. SUSAN A. HANFT, Defendant NOTICE OF SALE OF REAL ESTATE UNDER PA. R.C.P. 3129.2 Robert G. Frey, Attorney for Elbert, L.P., Plaintiff in the above captioned action, being duly sworn, says: 1. The premises which is the subject of this action is the house and land situate in Dickinson Township, Cumberland County, Pennsylvania being known as and numbered 7 Hidden Meadows Drive, Carlisle, Pennsylvania. A complete description is attached hereto and incorporated herein as Exhibit "A". 2. The improvements situate on the premises consists of a single family dwelling. 3. The judgment of the Court on which this sale is being held is entered to file number 05-11990 in the amount of $520,764.00 4. The name of the owner is Susan A. Hanft and the last known address of the owner is 7 Hidden Meadows Drive, Carlisle, Pennsylvania 17013. 5. The time and place of the Sheriff's Sale is 10:00 a. m. on September 7,2005, in the second floor courtroom of the Old Courthouse Building, Cumberland County Courthouse, Carlisle, Pennsylvania. 6. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interesets. afford one, go to or telephone the office set forth below to find out where you can get legal advice. You should take this paper to YOur lawyer at once. If you do not have a lawyer or cannot CUMBERLAND COUNTy BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYL VANIA 17013 TELEPHONE: 717-249-3166 NOTICE OF SCHEDULlE OF DISTRIBUTION 7. A Schedule of Distribution will be filed by the Sheriff on the date specified by the Sheriff not later than Thirty (30) days after the Sheriff's Sale, and that distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. June 7, 2005 Robert G. Frey, Esquire Supreme CoUrt Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 ALL THA T CERTAIN 10< of '''''''''' 'i'.", io Dkh""" Tow"""p, "'-,.,d CoOOty "'''''yl",", 0000"'" .,d ""ri bod i, ""'"""~ W;w ,", ,.,d S""",i""" f 0< Hi"ot ""dow, pro_d by "'" &rt '"' A_,." prof""",,, """ _'yo" "'red No""".. 8, 1999 .,d roo"",,,,, in ,", 'orei,,,,,,, Rcto","', Offj~ i, "" Book 82, "'" 58 " foHow", BEGINMNG "" im, ~, w, w"rem righ,-of-w,y '"" of 60 foot W;" Hid"', """'ow, Dri~" ,", .".... "00 ,."",,, Lo" N". 6.,d 7, ,"ot~ 000, w, "".m ri"'~f-w,y "00 of 60 fo<, Wi" Hi"" ""dow, Dri~, by '''''~ to ,", righ, 1m"", 'mili" of 40_00 "''' ., ., ,"",",~ 'f 38. 87 f,ct '0 '"' im, pi" """~ by"",,, by , ""''' to ,", reft ,,,',' 'rodJ" of 60 00 f",,, ., ,",- of 9Lt6 fret to ., im, pi, "w, '""." li" "'",ot Lo" N". 6 "d t2, '"- oJ", tho ili"din, boo botw"", Lo" N". 6 "d 1, S,,'" 09 dogre." 00 ""'" 25 """" W", , .,,"~ of 126.69 f,,, to ., i"", pin, ,",,,, by 'om,S"," 3J d,_ 36 mi""" 03 'ct"" Eo<, , .,""'~ of 275A5 fot, to "0''',.,. __OJ i, ,", .'i." li" bo'."", "'" N". 5 "'d 6 " tho "'''w", <Omo< of"" No. t2, tho"", ""'" tho ."." '"" botw"", Lo. N", 5 "'d 6, S"" 47 d"",,, 06 mimrt" 25 _"'" W,,,, .'''"''' 0[ 6J '-98 fot, to, ''''''''. moo_OJ in ,", .'iili" lin, botw"", Lo.: N". 4 "d 6, ,"ot~ oJ"'" "Id .'Jdi" lioo bo,-, Lo" N". 4 "d 6, Notth 39 d,groo, 07 mi"", 05 _,,, W", , ili,,,,,,~ of 2J '-48 fo<"o '" in" pf, ",", ".,",,,, <Omo< of"" No_ 2, """'" oJ", ,", ."'.... "" bot_ Lo, N". 2 ''''' 6, North 4t "- 49 mitt"", 42 """d, W'''' ili,_ of 158AI fot, to '" im, pf, f, tho . "ding "" bo,- Lot, N,,_ 6 "'d 7",,,~ "oog ,", ",i." "" botw"", "'" N". 6 '"" 7, Notth 39 "groo, 59 mioo", 58 -,,, Eo<" ."'"'~ of 775. 98 f~, 'o"';,-.,~, f, ,", w"rem right-of_.,y li" of 60 f"" .f" '""" ",,"0.' Dri~, ,", Pl,~ of BEGINNINa. BEING 01 of "', NO.6" ",ow, 00 ,", Lmtd S'bdl,;,;" fo< '""" M,"""w, =_d" Plan BOOk 82, Page 58 and COntaining 6.32992 acres. HA VING T8EREON ERECTED, .'gl, 'om"y """00, .,'" ""'"... ""k", of 7 Hidden Meadows Drive, Carlisle, PennsYlvania 17013. E>cH1sn- "A' (") .....> ~ = c: = ".. c.n ~ --c- ~~,:~ L- X rnr c: ~1~ "2 ~- ;?: r I :_g~ (j); -<:.. -J 0 ~~C; :r>o ~~ ~2 ;3: ';t orn __--I ~ W jj W '-< vs. : IN THE COURT OF COMMON PLEAS : OF CUMBERLAND COUNTY, : PENNSYLVANIA : CIVIL ACTION - LAW : II~O : NO. 05-~ CIVIL TERM ELBERT, L.P., Plaintiff SUSAN A. HANFT, Defendant AFFIDAVIT OF SERVICE AND NOW, this 12th day of July, 2005 ,I, Robert G. Frey, Attorney for Elbert, L.P., Plaintiff in the above-captioned matter, hereby swear that I have served a true copy of the NOTICE OF SHERIFF'S SALE OF REAL ESTATE, UNDER PARC.P. 3129, in the above-captioned matter by depositing same in the United States Mail, postage prepaid, certified mail addressee only, return receipt requested, upon the following individuals at the followoing addresses: Occupant Cumberland County Tax Claim Bureau 7 Hidden Meadows Drive 1 Courthouse Square Carlisle, PA 17013 Carlisle, PA 17013 Domestic Relations Office 13 North Hanover Street Carlisle, PA 17013 Carolyn R. McQuillen, Tax Collector 1044 Pine Road Carlisle, PA 17013 Conestoga Title Insurance Co. 137 East King Street Lancaster, PA 17602 Attn.: Roy Shirk Attached hereto marked Exhibit "A", are copies of the return receipt cards evidencing service. j f obert G. Frey Attorney for Plaintiffs 5 South Hanover Street Carlisle, Pennsylvania l7013 (717) 243-5838 Sworn and subscribed to before me this ~'-ce A~ fl / A NOTARIAL SEAL TRISHA A. uess. NOTARY PUBLIC IlOIlOUGH OF CARLISLE. CUMBERlAND MY COMMISSION EXPIRES MAY CO.. PA 20. 2006 SENDER: COMPLETE THIS SECTION . Complete items t. 2. and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mal/piece, or on the front if space permits. 1. Article Addressed to: O~ ~ tPCUl'-f I i-J idcl~ JJfloclo~ C Qrll~/'L. p,^- 1'701.3 I 2. Article Number (11'ansfer from service label) PS Form 3811, February 2004 . . A. ature x ~lfX1A\/t). :~" t1.-lJ Agent ,[ 0 Addressee c:, Oate of betivery ] . B. Received by (Printed am~).'~ Q! D. Is delivery address different fr~ em."I? If YES, enter delivery'a~dress below: DYes ONe 3~ Service Type- 'g Certified Mall D Registered o Insured Mall o Express Mall 'Si!Retum Receipt for Merchandise tfC.O.D. 4. Restricted Delivery? (Extra Fee) Dyes Domestic Return Receipt 10259S.{)2-M-1540 SENDER: COMPLETE THIS SECTION . Complete items 1, 2, and_3. Also complete item 4 n Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you.. . Attach this card to the back of the mail piece. or on the front if space permits. C~AdCi;d &,:;;iLf ~ Ql~ /61A-N-ct;L / Co~hol.l~ S~~ Qo.rlisk I PI>- 170/3 2. Art1cle Number {Transfer from $8IV/ce labeQ PS Fenn 3811, February 2004 . . . D, Is delivery address different fro em 11 If YES, enter delivery address below: 3'EN1ce Type fflad Mall _ Dppress Mall , Reglstered_ "JiIofietum Receipt for Merchandise o Insured Mall 0 C.O.D. 4. .Restricted Delivery? (Extra Fee) 0 Yes Domestic Return Receipt 1 Q2595-o2-M-1540 _.-A' . Complete items 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you.. . Attach this card to the back of the mail piece, or on the front if space permits. 1. Article Addressed to: .. Con~S'lo~cC1i+Je., ~6. Co. 137 E. JJ0~9 5+. . j.,()J1COl'SJ-u, Po.... /7 &O::L AHn: 0(. Roy S h1riL 2. Article Number (fransfer from servlcel8be/) PS Form 3811. February 2004 o Agent o Addressee C. Date of Delivery O\.,-~\5~05 D. Is delivery address different from item 1? 0 Yes If YES, enter delivery address below: D. No 3. ~'ce Type " Certified Mail 0 Express. Mail egisterec:l. csrReturn Receipt -for MerchandIse o Insured Mail 1J C.O.D. 4. . Restrlcted Delivery? (Extra Fee) 0 Yes DomestIc Return ReceIpt _--I 102595-02-M-1540 . Complete items-1, 2, and 3. Also complete item 4 if Restricted Delivery Is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the maijpiece, . or on the front if space penn its. 1. Article Addressed to: l>orn~ic.... R~--L:rI,ons?W /8 Nort-h J-ICLnoVV- Sf Q~IISIL, Pc,- /70J3 2. ArtIcle Number <iransfer from 3iervlcelabe1) PS Form 3811. February 2004 D. Is delivery address different from item 11 If YES, enter delivery address below: 3. Sefvlce Type ~Cert_ Mail 0 Express Maii Cl Registered ~etum ReceIpt: for Merchandise o Insured Mall -6 C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes Domestic Return Receipt 102S9&{l2.M.1540 SENDER. COMPLETE THIS SECTION . Compiete Ilems 1, 2, and 3. Also complete item 4 if Restricted Delivery is desired. . Print your name and address on the reverse so that we can return the card to you. . Attach this card to the back of the mailpiece, or on the front jf space permits. 1. Article Addressed to: C~'1n R. I-I~J)U') -} ().I,( ~ I h.BJo'- JOt..JL/ i/,;'-c R.d. Ou.rl,sk I p~ 170/3 2. Article Number (Transfer from 3i8rvlce/abel) PS Form 3811 , February 2004 . . . D. Is delivery address dl from ; If YES, enter delivery ~~re .,"" ____ ~, 3. Service Type ~ertlfled Mall !press Mall 6 Registered eturn Receipt for Merchandise o Insured Mall C.O.D. 4. Res'ncted Delivery? (Extta ~) o Ves Domestic Return Receipt o-~~\i}~- ~'" , ':""".1', ~ 1 0259s.-o~;M-1540 0 "'" ~; = ~ = en -I' , <- :r 1<"; c: <, ,- n':!:'! .- '.:.0 ,. -om ~: ,--. N 2~6 -, -n 25 :r~ c: ~ )> -"i-. 7fr\ C r- (Sf ;? --I -~ 55 -< w -< COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Elbert L P is the grantee the same having been sold to said grantee on the 7th day of Sept A.D., 2005, under and by virtue of a writ Execution issued on the 7th day of June, A.D., 2005, out of the Court of Common Pleas of said County as of Civil Term, 2005 Number 1190, at the suit of Elbert L P against Susan A Hanft is duly recorded in Sheriffs Deed Book No. 272, Page 619. IN TESTIMONY WHEREOF, I have hereunto set my hand 3~ and seal of said office this day of corder of Deeds ~c:.:.='I"'~~~=~=~ Elbert, L.P. VS Susan A. Hanft The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2005-1190 Civil Term Bryan Ward, Deputy Sheriff, who being duly sworn according to law, states that on July 20, 2005 at 8:10 o'clock PM, he served a true copy ofthe within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, upon the within named defendant, to wit: Susan A. Hanft, by making known unto Susan Hanft, personally, at 905 Glendale Court, Carlisle, Cumberland County, Pennsylvania, its contents and at the same time handing to her personally the said true and correct copy of the same. Richard Smith, Deputy Sheriff, who being duly sworn according to law, states that on July 12,2005 at 6:59 o'clock P.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Susan A. Hanft, located at 7 Hidden Meadows Dr., Carlisle, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Susan A. Hanft, by regular mail to her last known address of 905 Glendale Court, Carlisle, PA 17013. This letter was mailed under the date of July 21, 2005 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who 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 Courthouse, Carlisle, Cumberland County, Pennsylvania on September 07,2005 at 10:00 o'clock A.M. He sold the same for the sum of$1.00 to Attorney Robert Frey for Elbert, L.P. It being the highest bid and best price received for the same, Elbert L.P. of 5 South Hanover Street, Carlisle, P A 17013, being the buyer in this execution, paid to SheriffR. Thomas Kline the sum of $1,046.09. Sheriffs Costs: Docketing Poundage Posting Bills Advertising Acknowledging Deed Auctioneer Law Library Prothonotary Mileage Certified Mail Levy Surcharge $30.00 20.51 15.00 15.00 30.00 10.00 .50 1.00 8.00 4.15 15.00 20.00 Law Journal Patriot News Share of Bills Distribution of Proceeds Sheriffs Deed 467.00 327.23 18.20 25.00 39.50 $ 1,046.09 Sworn and subscribed to before me This <:. € day of 2005, A.D. So Answers: r~~?~~ R. Thomas Kline, Sheriff BY J6 dJ; '/Yl.,dl] Real Estate ergeant Jp'~ ,{)~ 3 0 .J o. .c 'riA i-'> Ck... '>1 CJ li'1.. I~ /1f(.f) ELBERT, L.P., Plaintiff vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVll... ACTION - LAW NO. 05- ~ CIVIL TERM tl."{6 SUSAN A. HANFT, Defendant AFFIDAVIT PURSUANT TO RULli; 3129 Robert G. Frey, attorney for Elbert, L.P., Plaintiff in the above-captioned action, sets forth as of the date that the Praecipe for the Writ of Execution was filed the following information concerning the real property located at 7 Hidden Meadows Drive Carlisle (Dickinson Township, Cumberland County), Pennsylvania, and more particularly described in a complete description thereof which is attached hereto as Exhibit "A" and incorporated herein by reference as though fully set forth, as follows: 1. The name and address of the owner or reputed owner is Susan A. Hanft, 7 Hidden Meadows Drive Carlisle, PA 17013. 2. The name and address of the Defendant in the judgment is Susan A. Hanft, 7 Hidden Meadows Drive, Carlisle, P A 17013. 3. The names and last known addresses of every judgment creditor whose judgment is a record lien on the real estate to be sold are as follows: Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 Mclean, VA 22102 4. The names and addresses of the last recorded holder of every mortgage of record other than the mortgage which is the subject of this action are as follows: Gateway Funding Diversified Mortgage Services, L. P. 300 Welsh Road, Building 5 Horsham, PA 19044 5. The names and addresses of all other persons who have any record interest in or record lien on the real estate and whose interest may be affected by the sale are as follows: Mortgage Electronic Registration Systems, Inc. 8201 Greensboro Drive, Suite 350 Mclean, VA 22102 6. The names and address of all other persons of whom the Plaintiff has knowledge who have any interest in the real estate which may be affected by the sale are as follows: Occupant 7 Hidden Meadows Drive Carlisle, PA 17013 Cumberland County Tax Claim Bureau 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Office 13 North Hanover Street Carlisle, P A 17013 Carolyn R. McQuillen Tax Collector for Carlisle Area School District and Dickinson Township 1044 Pine Road Carlisle, PA 17013 Conestoga Title Insurance Company 137 East King Street Lancaster, PA 17602 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. 94904 relating to unsworn falsification to authorities. Date: June 3, 2005 ~j.~. .' vs. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 05- ~ CIVIL TERM 11"10 ELBERT, L.P., Plaintiff SUSAN A. HANFT, Defendant NOTICE OF SALE OF REAL ESTATE UNDER PA. R.C.P. 3129.2 Robert G. Frey, Attorney for Elbert, L.P., Plaintiff in the above captioned action, being duly sworn, says: 1. The premises which is the subject of this action is the house and land situate in Dickinson Township, Cumberland County, Pennsylvania being known as and numbered 7 Hidden Meadows Drive, Carlisle, Pennsylvania. A complete description is attached hereto and incorporated herein as Exhibit "A". 2. The improvements situate on the premises consists of a single family dwelling. 3. The judgment of the Court on which this sale is being held is entered to file number 05-11990 in the amount of $520,764.00 4. The name of the owner is Susan A. Hanft and the last known address of the owner is 7 Hidden Meadows Drive, Carlisle, Pennsylvania 17013. 5. The time and place of the Sheriff's Sale is 10;00 a. In. on September 7,2005, in the second floor courtroom of the Old Courthouse Building, Cumberland County Courthouse, Carlisle, Pennsylvania. 6. Our records indicate that you may hold a mortgage, judgment, or other interest on the property, which may be extinguished by the sale. You may wish to attend the sale to protect your interesets. .' 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 legal advice. CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PENNSYLVANIA 17013 TELEPHONE: 717-249-3166 NOTICE OF SCHEDULE OF DISTRIBUTION 7. A Schedule of Distribution will be filed by the Sheriff on the date specified by the Sheriff not later than Thirty (30) days after the Sheriff's Sale, and that distribution will be made in accordance with the Schedule unless exceptions are filed thereto within ten (10) days thereafter. ~J:J"~ Robert G. Frey, Esquire Supreme Court Number 46397 5 South Hanover Street Carlisle, Pennsylvania 17013 (717) 243-5838 Sworn to and subscribed before me this 7 day of June, 2005 /: . ~ / H~~ .c1. l.e/~ Notary blic NOT_SEAl TRISHA A. UESS. NOTARY PUBLIC B()!I,OIJGlI OF CARLISLE. CUMBERlAND co" PA MY COI.MSSION EXPIRES WI Y 20. 2006 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 05-1190 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due ELBERT, L.P., Plaintiff (s) From SUSAN A. HANFT (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) Ifproperty 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 himlher that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $520,764.00 Inlerest f'ROM 2/28/05 TO DATE OF SALE Atty's Comm % Atty Paid $82.00 Plaintiff Paid Date: JUNE 7, 2005 L. L. $.50 Due Prothy $1.00 Other Costs CURTIS R. LONG (Seal) prothon~ . ~ 0-...1' _ {2. /7(m;;2/2~ Deputy REQUESTING PARTY: Name ROBERT G. FREY, ESQUIRE Address: 5 SOUTH HANOVER STREET CARLISLE, PA 17013 Attorney for: PLAINTIFF Telephone: 717-243-5838 Supreme Court 1D No. 46397 Real Estate Sale #72 On June 16, 2005 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA Known and numbered as 7 Hidden Meadows Drive, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 16,2005 By: Vti 0111 JndL Real Esta~e Deputy ~ ~ ~ ~ 9[:/ d 8- rvnr ~aal Jd'i'\Ji'.iili, .:J:JiH3ilS tJ;,; ~O ,J:) . . 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 Joseph A. Dennison, being duly sworn according to law, deposes and says: That he 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 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, 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 andlor Sunday/ Metro editions which appeared on the 19th and 26th day(s) of July and the 2nd day(s) of August 2005. That neither he 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 he 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 Miscellane s Book "MOO, Volume 14,Page317. COpy S ALE #72 Sworn to and subsc . PUBLICATION CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs ~ To THE PATRIOT-NEWS CO. For publishing the notice or publication attached hereto on the above stated dates 327.23 REAL ESTATE SALE No. 72 Writ No. 21105-1190 Civil Term Elberl, L P. Va Sussn A. Hanft Ally: Robert G. Frey 'DESCRIPTION ALL TIlAT CERTAIN lot of ground situate in Dickinson Township, 0m1berlalld County, Pelmsylvanill, bounded...~ described m acoonIance wilh Ihe ilIIld Subdivisioo for Hidden _..pt<paI<d.bf Carl Bert iuut Associ>les, Professional Land 'Stirveyor, dated November 8, 1999 and recorded m Ihe hereinafter Reconitt's OIIicemPlmtBook 82,1lage58 as foilow" BEGINNING at an iron pin the western right- of-way line of 60 feet wide Hidden Meadows Drive arlhedividing line between Lols N... 6 and 7; thencealonglbe westem,right-of-way line of 60 feet wide Hidden Meadows Drive, by a curve to the right havi,og a radius of 4000 feet an arc distance of 38.87 feet to an iron pin; thence by same by a curve to the left having a radius of 6000 feet an are distance of91.l6 feet to an iron pm at Ihe dividing line between Lots Nos. 6 and 12; tlrence along Ihe dividing line betweeo Lots N....6 and 12, Soolh 09 degrees 110 _'" 25 seconds: West adlstance of 126.69 feet to an iron pm; tbence by _ Soolh 31 degrees 3.6minutes 03 seeoods East a distance of 275.45 feet to a cooczete IDODUlllef1t in the dividing line between Lots Nos. 5 and 6- at the- Soo1hwest comer of Lot No. 12; tlrence along Ihe dividing line between Lots Nos,S and 6,Soulh 47 degrees 06 minule5 25 seconds West a distaoce of 61198 feet W a concrete monument in the dividing line between Lots N.., 4 and 6; tben<e a100g said dividing line between Lots N... 4 and 6, North 39 degrees 07 .......05 secondsWest.dis_of211.48feet to au imnpinlttbeSOOlheastClXDtl of Lot No. 2; tben<e along Ihe di.:Jing line between Lots Nos. 2 and 6, North 41 degze;.s 49 minutes 42 secoods West a distance of 153.41~toanironpininthe dividing line between I..oUl Roo. 6 and 7; thence dooglhedividing line between Lots N".6 and 7, North 39 degrees 59....... 58 secoods East a distmce of 17598 feet to an iron pin in the westem right-of-way line of 60 feet wide Hidden Meadows Drive,tbe Place ofBEGJNNING. BEING aD of lot no. 6 as shown OD !be Land Subdivision fur Hidden Meadows ~ in Plan Book 82,Page 58 and COIllainUIg 632992_. HAVING THEREON EREC-TED a single f3mi1yresidencewilhmailingaddres.of711idden Meado.. DriV\:,Carlisle,Pennsylvarua 17013. ...- 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: July IS, 22, 29, 2005 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. 'C!~ isa Marie C~~;e, ~ditor SW TO AND SUBSCRIBED before me this 29 day of Julv.2005 N SEAL LOIS E. SNYDER, Notary Public CarHsle BolO, Cumberland County My Commission Expires March 5. 2009 REAL ESTATE SALE NO. 72 Writ No. 2005-1190 Civil Elbert, L.P. vs. Susan A. Hanft AUy: Robert G. Frey ALL THAT CERTAIN lot of ground situate in Dickinson Township. Cumberland County, Pennsylvania, bounded and described in accor- dance with the land Subdivision for Hidden Meadows prepared by Carl Bert and Associates. professional land surveyor, dated November 8. 1999 and recorded in the hereinaf- ter Recorder's Office in Plan Book 82. Page 58 as follows: BEGINNING at an iron pin the westem right -of-way line of 60 feet wtde HIdden Meadows Drive at the dividing line between Lots Nos. 6 and 7; thence along the western right-of-way line of 60 feet wide Hid- den Meadows Drive. by a curve to the right having a radius of 40.00 feet an arc distance of 38.87 feet to an iron pin; thence by same by a curve to the left having a radius of 60.00 feet an arc distance of 91.16 feet to an iron pin at the dividing line between Lots Nos. 6 and 12: thence along the dividing line be- tween Lots Nos. 6 and 12. South 09 degrees 00 minutes 25 seconds West a distance of 126.69 feet to an iron pin; thence by same South 31 degrees 36 minutes 03 seconds East a distance of 275.45 feet to a concrete monument in the dividing line between Lots Nos. 5 and 6 at the southwest comer of Lot No. 12; thence along the dividing line be- tween Lots Nos. 5 and 6. South 47 degrees 06 minutes 25 seconds West a distance of 611.98 feet to a concrete monument in the dividing line between Lots Nos. 4 and 6; thence along said dividing line be- tween Lots Nos. 4 and 6. North 39 degrees 07 minutes 05 seconds West a distance of 211.48 feet to an iron pin at the southeast comer of Lot No.2; thence along the divid- ing line between Lot Nos. 2 and 6, North 41 degrees 49 minutes 42 seconds West a distance of 158.41 feet to an iron pin in the dividing line between Lots Nos. 6 and 7; thence along the dividing line be- tween Lots Nos. 6 and 7, North 39 degrees 59 minutes 58 seconds East a distance of 775.98 feet to an iron pin in the western right-of-way line of 60 feet wide Hidden Mead- ows Drive, the Place of BEGINNING. BEING all of Lot No.6 as shown on the Land Subdivision for Hidden Meadows recorded in Plan Book 82, Page 58 and containing 6.32992 acres. HAVING THEREON ERECTED a single family residence with mailing address of 7 Hidden Meadows Drive. Carlisle, Pennsylvania 17013.