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HomeMy WebLinkAbout14-1421Supreme Couo _ Pennsylvania Coui of,Commo CI„vit Ce rShee CU.AILLANO eas r.aa • County For Prothonotary Use Only: Petition Declaration of Taking Docket No: /C,// )11_, /.../6) The information collected on this form is used solely for court administration purposes. This form does not supplement or replace the filing and service ofpleadings or other papers as required by law or rules of court. Commencement of Action: Petition Declaration of Taking E3 Complaint 0 Writ of Summons 0 a Transfer from Another Jurisdiction ® Lead Plaintiff's Name: RESURGENT CAPITAL SERVICES, LP Lead Defendant's Name: LESLIE A. MANUEL, ET AL. Dollar Amount Requested: R within arbitration limits Are money damages requested? Yes • No (check one) Doutside arbitration limits Is this a Class Action Suit? 0 Yes No Is this an MDJAppeal? Yes No Name of Plaintiff /Appellant's Attorney: Stephen M. Hladik, Esquire and William E. Miller, Esquire 0 Check here if you have no attorney (are a Self - Represented Pro Se) Litigant) Nature of the Case: Place an "X" to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim, check the one that you consider most important. TORT (do not include Mass Tort) Intentional O Malicious Prosecution O Motor Vehicle O Nuisance Premises Liability Product Liability (does not include mass tort) O Slander/Libel/ Defamation Other: MASS TORT Asbestos Tobacco Toxic Tort - DES Toxic Tort - Implant Toxic Waste O Other: X PROFESSIONAL LIABLITY Dental O Legal O Medical Other Professional: CONTRACT (do not include Judgments) Buyer Plaintiff O Debt Collection: Credit Card O Debt Collection: Other X O Employment Dispute: Discrimination O Employment Dispute: Other Other: REAL PROPERTY Ejectment Eminent Domain /Condemnation O Ground Rent © Landlord/Tenant Dispute Mortgage Foreclosure: Residential O Mortgage Foreclosure: Commercial O Partition O Quiet Title ® Other: CIVIL APPEALS Administrative Agencies Board of Assessment Board of Elections O Dept. of Transportation Statutory Appeal: Other X Zoning Board Other: MISCELLANEOUS Common Law /Statutory Arbitration • Declaratory Judgment O Mandamus 0 Non - Domestic Relations Restraining Order 0 Quo Warranto 0 Replevin 0 Other: Updated 1/1/2011 HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue North Wales, PA 19454 215- 855 -9521 RESURGENT CAPITAL SERVICES, LP, 55 Beattie Place, Suite 110, MS #001, Greenville, SC 29601, PLAINTIFF, v. LESLIE A. MANUEL AND GEORGE W. MANUEL a/k/a GEORGE W. MANUEL, III, 120 Wynnwood Drive, Carlisle, PA 17013, DEFENDANTS. Attorneys for Plaintiff C/ COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA No /14/ COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE at- C4) c T YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. Q� +i3 1b3.*/ C k,l� IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: LAWYER REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249 -3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA 0 EN PERSONA 0 POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS 0 SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO 0 NOTIFICACION Y POR CUALQUIER QUEJA 0 ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO 0 SUS PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. LAWYER REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 (717) 249 -3166 HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue North Wales, PA 19454 215- 855 -9521 RESURGENT CAPITAL SERVICES, LP, 55 Beattie Place, Suite 110 MS #001 Greenville, SC 29601, PLAINTIFF, v. LESLIE A. MANUEL AND GEORGE W. MANUEL a/k/a GEORGE W. MANUEL, III, 120 Wynnwood Drive Carlisle, PA 17013, DEFENDANTS. Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff hereby complains against Defendant as follows: 1. Plaintiff is Resurgent Capital Services, LP, ( "Plaintiff'), with an address of 55 Beattie Place, Suite 110, MS# 001, Greenville, SC 29601 -0000. 2. Plaintiff is the current holder of the mortgage described below (the "Mortgage "): (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc. ( "MERS "), as nominee American Home Mortgage Mortgagor: Leslie A. Manuel and George W. Manuel, III (b) Date of Mortgage: November 22, 2005 (c) Place and Date of Record of Mortgage: Recorder of Deeds County: Cumberland Mortgage Book: 1931, Page: 4604 Date: November 23, 2005 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No.1019 (g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignment: Assignor: Mortgage Electronic Registration Systems, Inc. as nominee for American Home Mortgage, its successors and assigns Assignee: Resurgent Capital Services, LP Date of Assignment: May 9, 2013 Recording Date: May 16, 2013 Instrument No.: 201316121 3. Plaintiff is the present holder of the mortgage by virtue of the above - described Assignment. 4. Contemporaneous with execution of the Mortgage, Defendant Leslie A. Manuel executed a Note (the "Note "). A true and correct copy of the Note is attached hereto and marked as Exhibit `B." 5. The real property which is subject to the Mortgage is generally known as 120 Wynnwood Drive, Carlisle, PA 17013. A true and correct copy of the legal description is attached hereto and marked as Exhibit "C." 6. The name and mailing address of Defendants are: Leslie A. Manuel and George W. Manuel a/k/a George W. Manuel, III at 120 Wynnwood Drive, Carlisle, PA 17013. 7. The interest of Defendants is as Mortgagors, Real Owners, or both. 8. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of October 1, 2013, and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 9. The following amounts are due as of January 6, 2014: Principal of Mortgage debt due and unpaid $61,803.69 Interest currently due and owing at an annual rate of 6.50 %, currently at $11.01 each day $1,394.11 Escrow Advance $300.27 Accumulated Late Charges $1 07.85 Property Inspections $15.00 Title Search $175.00 Court Costs (filing and service) $203.75 Attorneys' Fees $1,650.00 Less Suspense Balance ($18.50) TOTAL $65,631.17 10. Interest accrues at a per diem rate of $11.01 each day that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 11. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 12. Notice pursuant to Act 9/160, was sent to Defendants on the date promulgated thereon. A true and correct copy of the Notice is attached hereto and marked as Exhibit "D." WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 9 and 10, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. Respectfully submitted, HLADIK, ONORATO & PEARLSTINE, LLP Date SN BY: Stephen M. Hladik, , ire William E. Miller, s wire Attorneys for Plaintiff L VERIFICATION c (1( jyS , hereby states that he /she is an agent for the Plaintiff in this action; that he /she is authorized to and does take this Verification on behalf of said Plaintiff; and that the statements made in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that the statements herein are made subject to the penalties of 18 PA. C.S. §4904, relating to unsworn falsification to authorities. Company: e=.9 (A-t lliiP1'tat seN j53 L� File 200001.0001 G." uiLQ3 W, U 23 AiTI 10 53 Prepared By: Cortney Wurth 3047 Columbia Avenue Lancaster, PA 17603 (717) 239 -7691 Return To: American Home Mortgage 520 Broadhollow Road Melville, NY 11747 (516)949-3900 Parcel Number: 29-16- 1094 -235 Premises: (Space Above This Line For Recording Data) MORTGAGE MIN 100024200010383926 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 November 22, 2005 together with all Riders to this document. (B) 'Borrower" is LESLIE A. MANUEL, GEORGE W. MANUEL, III Borrower is the mortgagor under this Security Instrument. (C) "A1 ERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely us a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501 -2026, tel. (888) 679 -MERS. UOC 1:324241 APLL 1:0601038342 PENNSYLVANIA • Single Family • Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MERS t,1j - 6A(PA) Casco Form 1 UM.11 9S12 Pope t of 16 WWW: vMr Monl1180 Solutions, Inc. (1,00214291 BK 1931 PG 4604 inn (13) "Lender" is American Home Mortgage Lender is a Corporation organized and existirig under the laws of State of New York Lender's address is 520 BROADHOLLOW ROAD, MELVILLE, NY 11747 (E) "Note" means the promissory note signed by Borrower and dated November 22, 2005 . The Notc suites that Borrower owes Lender Sixty Nine Thousand Nine Hundred Thirty and No/ 100 Dollars (U.S. $ 69,930,00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than December 1, 2035 . (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (C) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges Uuc under the Note, and all sums due under this Severity Instrument, plus interest. (H) "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 applicablej: Adjustable Rate Rider n Condominium Rider CD Second Home Rider Balloon Rider ❑ Planned Unit Development Rider U 1-4 Family Rider VA Rider a Biweekly Payment Rider 1 1 Other(s) [specify] (1) "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, not(- appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that arc imposed on Borrower or the Property by a condominium association, homeowners association or similar Organization. (K) "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 term includes, but is not limited to, point -of -sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" Means those items that are described in Section 3. (M) "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. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Notc, plus (ii) any amounts under Section 3 of this Sccurity Instrument. DOC 4 :324242 APPL 4:0001038342 - 6A(PA) (asez) BK 1931 PG4605 Pogc2dt6 Font' 3039 1/01 (P) " RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R.Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. 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. (Q) "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 performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County [Type of Recording Jurisdiction] of COMBERLAND (Name of Recording Jurisdiction]: SEE ATTACHED LEGAL DESCRIPTION which currently has the address of 120 WYNNWOOD DRIVE Carlisle ( "Property Address "): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appuru:nancrs, and fixtures now or hereafter a part of the properly. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. [City] , Pennsylvania 17 013 (Street] [Zip Code] DX 1:324243 APPL 1:0001038342 cp- 6A(PA) iosva B 931PG4606 Pup 3oo18 Corm 3039 1/01 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 fellows: I. Payment or 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 find 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 selected 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 he designated by Lender in accordance with the notice provisions in Section 15. (,.ender 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 future, 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 finds. (..ender may hold such tnapplied 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 performing 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 lute 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 paid in DOC 9:324244 APPL 4:0001038342 t -6A(PA) gam BKI931PG4607 Page 4 0116 annals: Form 3039 1/01 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 sum (the "Funds ") to provide for payment of amounts due for: (a) tuxes and assessments and other items which can attain priority over this Security Instrument as a Iicn 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 under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums 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 term 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 stunt 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 Funds 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 puyrnent 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 bold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount 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 Funds shall he 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 Bonk. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for bolding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applioblc Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest tb be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the DOC 1:324245 - 6A(PA) (osoz) BKI93IPG4608 APPL I:0001036342 ruge5of16 Form 3039 1/01 Funds. Center all give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. 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 m 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 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 4orrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain 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 attain 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 forth above in this Section 4. Lender may require Borrower to pay a one -lime charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Properly Insuratne* . Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards 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 he chosen by Borrower subject to Lender's right to disapprove Borrowcr'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. DOC 5:324246 PA) t 8K 193 I PG4609 APPL 8:0001038342 Pop 6 o 16 Form 3039 1/01 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 overage. 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 Leader 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 premiums 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 Toss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make prool' of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, 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 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 be 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 be lessened, the insurance 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. Such insurance proceeds shall be applied in the order provided for in Section 2. If 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 30-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 W 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 premiums 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 to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. DOC 6:324247 APPL 4:0001038342 t -6A(PA) toil OK 1931PG4610 for T d 16 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 circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste oo the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair of restoration is not economically feasible, Borrower shall promptly repair the Property if dumnged to avoid further deterioration or damage. if insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property 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, 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 Property. 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 c*nscnt 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 Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights 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 Property, and securing and /or repairing rho Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and /or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace 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. OOC 1:324248 APPL 1:0001038342 ©. A(PA) ion BKI93IPG4611 P.se Bd 16 emu: Form 3039 1/01 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. lf, 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 m the Mortgage Insurance previously in effect, at a cost substantially equivalent to 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 Borrowcr any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the ntnount 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 written agreement between Borrower and Lender providing for such termination or until termination 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 sucb 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 terns 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 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 be 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: (n) 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. DOC 9:324249 APPL 1:0001038342 t - 6A(PA) own) BK1931P64612 Post 9 or 16 Wads: Form 3039 1/01 (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. Assigninent of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby u$signed to and shall be paid to Lender. If the Properly 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 be 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 to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be 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 arty, paid to Borrower. In the event of n 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 Toss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Secwrlty Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums 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 sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are the(' due. If the Property is abandoued 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 upply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums 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 dismissed with a ruling thus, in Lender's judgment, precludes forfeiture of the Property or other material impairment of DOC 0:324250 01:41•44(M) (awn BK 19 31 P6 4 613 RPPL 0:0001039342 Page IQ of 16 Form 3039 1101 Lender's interest in the Property or rights under this Security lostntrnent. The proceeds of any award or claim for damages that are attributable to the impairment of Leader's interest in the Property are hereby assigned tind 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 tiny 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 sums secured by this Security Instrument by reason of any demand made by the original Borrower or tiny Successors in Interest of Borrower. Aoy 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..loint 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 dots 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 sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any ac ommodations 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 benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, fur 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 be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument 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 permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. 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 sucb overcharge. DOC 1:324251 APPL (:0001039342 tk- 6A(PA) «uo BK1931PG4614 Pegg 11 or 16 Form 3039 1101 15. Notices. MI 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 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice uddress if sent by other means. Notice to any one 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 Ibis Security Instrument at any one time. Any notice to Lender shall be given by delivering h or by mailing n by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice 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 located. All rights and obligations cxntained 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 cootract 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 Note which can be given effect without ibe 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 tiny 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, installmeot 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 n naturul 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 sums secured by this Security Instrument. 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 Icss 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 permitted by this Security 1nstrument 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 Instrument. 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 accekration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all DOC 6:324252 APPL 0:0001030342 co-6A(PA) ose2) BK1931PG4615 Page 12 Cf 16 Form 3039 1/01 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, pnd 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; (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. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had ocx:urred. 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 tunes 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 Instrument, 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 payrlrents should be made and any other information RESPA requires in connection witb 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 thc 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 be deemed to satisfy thc 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 Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. 00C 0:324253 APPL !:0001038342 ID - 6A(PA) {Q$0 BK1931PG4616 lase 13 or 16 Form 3039 1101 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance With Environmental Law. Nothing herein shall create any obligation on Lender for an Eovironmcnud Cleanup. NON - UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default mint be cured; and (d) that failure to cure the default as specified may result in acceleration or the sums secured by this Security Instrument, foreclosure by Judicial proceeding and sale of the Property. Lender shall Iltrlher Inform Borrower of the right to reinstate after acceleration and the right to assert In the foreclosure proceeding the non - existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment Iri hill of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, Including, but not limited to, atdnrneys' fees and oasts of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 2S. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale of other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security lostrumeot is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. DOC 1:324254 - 6A,(PA) (from BIC 1931PG4617 APPL •:D001038342 rep 14 at 16 edumE: Form 3039 1/01 1 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: (Seal) (Seal) -Borrower -Borrower (Seal) (Seal) - Borrower - Borrower (Seal) (Seal) - Borrower - Borrower DOC 9:324255 APPL 9:0001030342 - 6A(PA) Nsc 81 1931P84618 Page 13 c 16 Fona 3039 1101 COMMONWEALTH OF PENNSYLVANIA, dQ. County ss: On this, the 22nd day of November, 2005 , before me, the undersigned officer, personally appeared LESLIE A. MANUEL, GEORGE W. MANUEL, III 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, 1 hereunto set my hand and official seal. My Commission NOTARIAL SEAL OWL. LENKER, NOTARY PUBLIC CARLISLE 8080, CUMBERLAND COUNTY MY COMMISSION EXPIRES MARCH 10, 2009 Certificate of Residence , do hereby certify that the correct address of the within -named Mortgagee is P.O. Box 13916, Durham, NC 27709. Title of Offirxr Witness my hand this 22nd day of November, 2005 )1-Lc:NA b-A1A5/64— DOC 1:324256 APPL 1:0001038342 .6A(PA) (0302) BK1931PG4619 Pube 16 or 16 Agent of Mortgagee Form 3039 1/01 Exhibit A ALL that certain tract of land with the improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a steel pin on the Southern side of Wynwood Drive, said steel pin being 235 feet in an Easterly direction from the Southeast corner of said Wynwood Drive and Pennsylvania State Highway Route No. 34; thence South 82 degrees 30 minutes Eats along said Southern side of said Wynwood Drive a distance of 90 feet to a steel pin; thence South 7 degrees 30 minutes West a distance of 145.3 feet to a steel pin; thence South 65 degrees 58 minutes West a distance of 35.6 feet to a steel pin; thence South 87 degrees 28 minutes West a distance of 60.7 feet to a steel pin; thence North 7 degrees 30 minutes East along the Eastern line of Lot No. 6 in the hereinafter mentioned Plan of Lots, a distance of 1743 feet to a steel pin, the Place of BEGINNING. :BEING all of Lot No. 7 and the Western 30 feet of Lot No. 8 in the Plan of Lots known as Valley View Acres, said Plan of Lots being recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book No. 3, Page 114. BEING improved with a two story frame dwelling house known as No. 120 Wynwood Drive. _ 1 Certify this to be recorder In Cumberland Co►anty. 8109 3iPG462Q November 22, 2005 [Date) 292,-!5350 7-- NOTE CARLISLE Pennsylvania (Gtyl Motel 120 WYNNWOOD DRIVE, Carlisle, PA 17013 (Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 69, 930.00 plus interest, to the order of the Lender. The Lender is American Home Mortgage (this amount is called "Principal "), 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 6.500 %. The interest rate required by this Section 2 is the rate 1 will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. 1 will make my monthly payment on the lst day of each month beginning on January 1, 2006 . 1 will snake these payments every month until I have paid all of the principal and interest and any other charges described below that 1 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, lf, on December 1, 2035 , I still owe amounts under tbis Note, 1 will pay those amounts m full on that date, which is called the "Maturity Date." I will make my monthly payments at PO Box 660029, Dallas, TX 75266 -0029 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S.$ 442.01 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due_ A payment of Principal only is known as a "Prepayment." When I make a Prepayment, l will tell the Note Holder in writing that t am doing so. l may not designate a payment as a Prepayment if 1 have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a 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 rnay 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 date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes, DDC $:316691 APPL 1:0001038342 MULTISTATE FIRED RATE NOTE- Single Family- Fannie Mae /Freddie Mac UNIFORM INSTRUMENT w431 OCOS -5N (Don) Form 32001/01 e VMP MORTGAGE FORMS - (800)521 -7291 Punt 1 9f 3 WW,: EXHIBIT 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally 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 sums 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 Not or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days 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 % of my overdue payment of principal and interest. I will pay this late charge promptly but only on on each late payment. (B) Default If I do not pay the full amount of each monthly payment oa the date it is due, I will be in default. (C) Notice of Default If 1 am in default, the Note Holder may send me a written 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 I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if 1 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 attorneys' fees. 7. 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 differeot address if I 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. 8. OBLIGATIONS OF PERSONS UNDER THIS 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 to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things_ My 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 any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS 1 and any other person who has obligations 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 Dishoaor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. DOC 1:316692 APPL 1:0001038342 4Zok-st< Form 3 !t' 01 4JI.1 ► Page 2 of 3 Initials: 10. 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 1 make in this Note. That Security Instrument describes how and under what conditions 1 may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: 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 sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Leader 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 permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) LESLIE A. MIME - Borrower (Seal) -Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) - Borrower (Seal) (Seal) - Borrower - Borrower 63C $:316693 APPL 6:0001038392 140 ® 5H 6) ftp3d3 Form 32001/81 PRE THE ORDER OF ECO RSE 6Y NM s ;; OME OHMAGE l.tti' 1 [Sign Original Only] AS GROARY :CRETARY • Exhibit A ALL that certain tract of land with the improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a steel pin on the Southern side of Wynwood Drive, said steel pin being 235 feet in an Easterly direction from the Southeast corner of said Wynwood Drive and Pennsylvania State Highway Route No. 34; thence South 82 degrees 30 minutes Eats along said Southern side of said Wynwood Drive a distance of 90 feet to a steel pin; thence South 7 degrees 30 minutes West a distance of 145.3 feet to a steel pin; thence South 65 degrees 58 minutes West a distance of 35.6 feet to a steel pin; thence South 87 degrees 28 minutes West a distance of 60.7 feet to a steel pin; thence North 7 degrees 30 minutes East along the Eastern line of Lot No. 6 in the hereinafter mentioned Plan of Lots, a distance of 174.3 feet to a steel pin, the Place of BEGINNING. BEING all of Lot No 7 and -the Western-30 feet-of Lot No. 8 -in the Plan of Lots known as Valley View Acres, said Plan of Lots being recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book No. 3, Page 114. BEING improved with a two story frame dwelling house known as No. 120 Wynwood Drive. BK 1931PG4620 EXHIBIT I C. 1 Certify this to be recorded In Cumberland County • .4' a Resurgent Capital Services, LP Plaintiff(s) VS. Leslie A. Manuel and George W. Manuel Defendant(s) FORM 1 : IN THE COURT OF COMMON PLEAS OF Cr) : CUMBERLAND COUNTY, PENNSYLVANIA -o L7 sr C7 G 8- 4/ Civil NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court- supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717)243 -9400 extension 2510 or (800) 822 -5288 extension 2510 and request appointment of a legal representative, at no charge to you. Once you have been appointed a legal representative, you must promptly meet with the legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. IF you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REQUIRED BY THIS NOTICE, THIS PROGRAM IS FREE. Respectfully submitted: Date Signature of Counsel for Plaintiff FORM 2 Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE To complete your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: CUSTOMERIPRIMARY APPLICATION Borrower name (s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Borrower Occupied: Yes ❑ No ❑ Mailing Address (if different) City: Phone Numbers: Realtor Phone: Email: Home: Cell: State: Office: Other: Zip: # of people in household: How long? CO BORROWER Mailing Address: City: Phone Numbers: Email: State: Home: Office: Cell: Other: Zip: # of people in household: How long? FINANCIAL INFORMATION First Mortgage Lender: Type of Loan: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Included Taxes and Insurance: Date of Last Payment: Primary Reason for Default: Is the loan in Bankruptcy? Yes ❑ No ❑ If yes, provide names, location of court, case number & attorney: Assets Amount Owed: Value: Home: $ $ Other Real Estate: $ $ Retirement Funds: $ $ Investments: $ $ Checking: $ $ Savings: $ $ Other: $ $ Automobile #1: Model: Year Amount owed: Value Automobile #2: Model: Year: Amount owed: Value: Other transportation (automobiles, boats, motorcycles): Model: Year: Amount owed: Value: Monthly Income Name of Employers: 1. Monthly Gross Monthly Net 2. Monthly Gross Monthly Net 3. Monthly Gross Monthly Net Additional Income Description (not wages): 1. Monthly Amount: Z. Monthly Amount: Borrower Pay Days: Co-Borrower Pay Days: Monthtv Expenses: (Please onlv include exoer,ses you are currentiv paving EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food ZdW1ort8aQe Utilities Car Payment(s) Condo/Neigh. Fees Auto Insurance Med. (not covered) Auto fuel/repairs Other Prop. Payment Instafl. Loan Payment Cable TV Chi|dSvpport/A|inn. Spending Money Day/Chi|dCare/Tuit. Other Expenses Amount Available for Monthly Mortgage Payments Based on Income and Expenses: Have you been working with a Housing Counseling Agency? Yes No If yes, please provide the foHowng information: Counseling Agency: Counselor: Phone (Office): Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes n No n If yes, please indicate the status of the application: Have you had any prior negotiations with your lender or lender's loan servicing company to resolve your delinquency? Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Phone: Servicing Company (Name): Contact: Phone: AUTHORIZATION I /We, , authorize the above named to use /refer this information to my lender /servicer for the sole purpose of evaluating my financial situation for possible mortgage options. I /we understand that I /we am /are under no obligation to use the services provided by the above named Borrower Signature Borrower Signature Date Date Please forward this document along with the following information to lender and lender counsel: ✓ Proof on income ✓ Past 2 bank statements ✓ Proof of any expected income for the last 45 days V Copy of a current utility bill ✓ Letter explaining reason for delinquency and any supporting documentation ✓ (hardship letter) Listing agreement (if property is currently on the market) ✓ Copy of 2 years of federal income tax returns V Copy of deed • Resurgent Capital Services, LP Plaintiff(s) vs. Leslie A. Manuel, et al. FORM 3 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Defendant(s) Civil REQUEST FOR CONCILIATION CONFERENCE Pursuant to the Administrative Order dated , 2012 governing the Cumberland County Residential Mortgage Foreclosure Diversion Program, the undersigned hereby certifies as follows: 1. Defendant is the owner of the real property which is the subject of this mortgage foreclosure action; 2. Defendant lives in the subject real property, which is defendant's primary residence; 3. Defendant has been served with a "Notice of Residential Mortgage Foreclosure Diversion Program: and has taken all of the steps required in that Notice to be eligible to participate in a court - supervised conciliation conference. The undersigned verifies that the statements made herein are true and correct. I understand that statements are made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. Signature of Defendant's Counsel /Appointed Date Legal Representative Signature of Defendant Date Signature of Defendant Date Resurgent Capital Services, LP Plaintiff(s) vs. Leslie A. Manuel, et al. FORM 4 : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA Defendant(s) Civil CASE MANAGEMENT ORDER AND NOW, this day of , 20 , the defendant /borrower in the above - captioned residential mortgage foreclosure action having filed a Request for Conciliation Conference verifying that the defendant /borrower has complied with the Administrative Rule requirements for the scheduling of a Conciliation Conference, it is hereby ORDERED AND DECREED that: 1. The parties and their counsel are directed to participate in a court - supervised conciliation Conference on at . M. in at the Cumberland County Courthouse, Carlisle, Pennsylvania. 2. At least twenty -one (21) days prior to the date of the Conciliation Conference, the defendant /borrower must serve upon the Plaintiff /lender and its counsel a copy of the "Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet" (Form 2) which has been completed by the defendant /borrower. Upon agreement of the parties in writing or at the discretion of the Court, the Conciliation Conference ordered may be rescheduled to a later date and /or the date upon which service of the completed Form 2 is to be made may be extended. Upon notice to the Court of the defendant/borrower's failure to serve the completed Form 2 with the time frame set forth herein or such other date as agreed upon by the parties in writing or ordered by the Court, the case shall be removed from the Conciliation Conference schedule and the temporary stay of proceedings shall be terminated. 3. The defendant/borrower and counsel for the parties must attend the Conciliation Conference in person and an authorized representative of the plaintiff/lender must either attend the Conciliation Conference in person or be available by telephone during the course of the Conciliation Conference. The representative of the plaintiff/lender who participates in the Conciliation Conference must possess the actual authority to reach a mutually acceptable resolution, and counsel for the plaintiff/lender must discuss resolution proposals with the authorized representative in advance of the Conciliation Conference. If the duly authorized representative of the plaintiff/lender is not available by telephone during the Conciliation Conference, the court will schedule another Conciliation Conference and require the personal attendance of the authorized representative of the plaintiff/lender at the rescheduled Conciliation Conference 4. At the Conciliation Conference, the parties and their counsel shall be prepared to discuss and explore alt available resolution options which shalt include: bringing the mortgage current through a reinstatement; paying off the mortgage; proposing a forbearance agreement or repayment plan to bring the account current over time; agreeing to tender a monetary payment and to vacate in the near future in exchange for not contesting the matter; offering the lender a deed in lieu of foreclosure; entering into a loan modification or a reverse mortgage; paying the mortgage default over sixty months; and the institution of bankruptcy proceedings. S. All proceedings in this matter are stayed pending the completion of the scheduled conciliation conference. BY THE COURT, J. SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny RAnderson Sheriff THE PROTI--(OND Jody S Smith Chief Deputy Richard W Stewart Solicitor or 01 ciiir* 2U14 MAR 19 �� L� M� � '' ' "" CUMBERLAND COUNTY PENNSYLVANIA Resurgent Capital Servces, LP vs. Leslie Ann Manuel (et al.) Case Number 2014-1421 SHERIFF'S RETURN OF SERVICE 03/13/2014 06:38 PM - Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent and inquiry for the within named Deferidant to wit: Occupant, but was unable to Iocate the Defendant in his bailiwick. The Sheriff therefore returns the within requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure as "Not Served" at 120 Wynnwood Ave, N. Middleton, Carlisle, PA 17013. Per Leslie Manuel there are no other adult defendants other than herself and George Manual that reside at the residence. 03/13/2014 06:38 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by "personally" handing a true copy to a person representing themselves to be the Defendant, to wit: Leslie Ann Manuel ot12OVVynnvvoodDr..N. Middleton, Carlisle, PA17O13. Ve-Q1-) DAWN KELL, DEPU Y 03/13/2014 06:38 PM - Deputy Dawn Kell, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing ohuacopytoopernonnepreaondngthemoe|veotobeLea|ieN1anuo|.VWfe.vvh000ceptedoa'Y\du|t Person in Charge" for George VVilliam Manuel at 120 Wynnwood Dr., N. Middleton, Carlisle, PA 17013. DAWN KELL, DEPUTY SHERIFF COST: $66.78 SO ANSWERS, March 14, 2014 6 R ANDERSON, SHERIFF (c) Count,ySuite Sheriff: Teleosoft, HLADIK, ONORATO & PEARLSTINE, LLP 'v STEPHEN M .HLADIK, ESQUIRE Attorneys for Plain4£'; r ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE N' : ATTORNEY I.D. NO. 308951 t:. Y L'VI' "d `+ 298 Wissahickon Avenue North Wales, PA 19454 215-855-9521 RESURGENT CAPITAL SERVICES, LP, COURT OF COMMON PLEAS OF 55 Beattie Place, Suite 110, CUMBERLAND COUNTY, PA MS#001, Greenville, SC 29601, PLAINTIFF, V• NO: 2014-1421 LESLIE A. MANUEL AND GEORGE W. MANUEL a/k/a GEORGE W. MANUEL, III, 120 Wynnwood Drive, Carlisle, PA 17013, DEFENDANTS. PRAECIPE TO ENTER JUDGMENT BY DEFAULT TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please enter a Default Judgment against Defendant, Julian Ortiz and in favor of Plaintiff, Resurgent Capital Services, LP, for failure to answer Plaintiffs Complaint within the time prescribed by Pa. R.C.P. No. 1026 and assess Plaintiffs damages as follows: Amount from Complaint $65,631.17 Additional Interest currently due and owing at 6.50%per annum calculated, currently at $11.01 per diem $583.53 TOTAL $ Total damages to be assessed at together with interest at the aggregate daily rate of $11.01 from May 2, 2014, until the date of entry of final judgment, plus interest thereafter on the judgment, at the rate stated in the subject note, plus any costs, Qvi44 * I lo.Sad Page 2 of 7 N4(A M41 104 3os�ap expenses, attorneys' fees and all other amounts due and payable under the Note and Mortgage, up through the sale of the mortgaged premises. Respectfully submitted, HLADIK, ONROATO & PEARLSTINE, LLP ti Date: 5 BY: Stephen M. Hl d' , wire William E. Miller, Esquire Attorneys for Plaintiff Page 3 of 7 AND NOW, 2014, Judgment is entered in favor of Plaintiff and against Defendants, Leslie A. Manuel and George W. Manuel a/k/a George W. Manuel, III, by Default, for want of an Answer, and damages assessed at the sum of X66,214.70 as per the above certificatio:3.46C ^` Prothonotary Page 4 of 7 HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M .HLADIK, ESQUIRE Attorneys for Plaintiff ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue North Wales, PA 19454 215-855-9521 RESURGENT CAPITAL SERVICES, LP, COURT OF COMMON PLEAS OF 55 Beattie Place, Suite 110, CUMBERLAND COUNTY, PA MS#001, Greenville, SC 29601, PLAINTIFF, V. NO: 2014-1421 LESLIE A. MANUEL AND GEORGE W. MANUEL a/k/a GEORGE W. MANUEL, III, 120 Wynnwood Drive, Carlisle, PA 17013, DEFENDANTS. CERTIFICATE OF SERVICE I, Stephen M. Hladik, Esquire, hereby certify that I served a true and correct copy of the foregoing Praecipe for Entry of Judgment b Default and 236 Notice on the following individuals by first class mail on 2 Leslie A. Manuel George W. Manuel a/k/a George W. Manuel, III 120 Wynnwood Drive Carlisle, PA 17013 By: Stephen M. fffadik, Esquire Page 5 of 7 HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M .HLADIK, ESQUIRE Attorneys for Plaintiff ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue North Wales, PA 19454 215-855-9521 RESURGENT CAPITAL SERVICES, LP, COURT OF COMMON PLEAS OF 55 Beattie Place, Suite 110, CUMBERLAND COUNTY, PA MS#001, Greenville, SC 29601, PLAINTIFF, V. NO: 2014-1421 LESLIE A. MANUEL AND GEORGE W. MANUEL a/k/a GEORGE W. MANUEL, III, 120 Wynnwood Drive, Carlisle, PA 17013, DEFENDANTS. STATE OF: PENNSYLVANIA COUNTY OF: MONTGOMERY AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendants' last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. Defendant: Leslie A. Manuel Age: Over 18 Residence: 120 Wynnwood Drive, Carlisle, PA 17013 Defendant: George W. Manuel a/k/a George W. Manuel, III Age: Over 18 Residence: 120 Wynnwood Drive, Carlisle, PA 17013 Page 6 of 7 Respectfully submitted, HLADIK, ONORATO &PEARLSTINE, LLP BY: Stephen M. Ikok,Esquire 5wqrn to and subscribed before me this day of V , 2014 � Notary Public COMIONWEAUH a PEw�sYlwwln N ARIAL HAL GINA CALDIERO.I*SH Notuy Public UPPER GWYNEDD TWP.MONTGOMERY CNTY' My Co"MSSIN E>ONII Oct 17.2017 Page 7 of 7 HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE Attorneys for Plaintiff ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue North Wales, PA 19454 215-855-9521 RESURGENT CAPITAL SERVICES, LP, COURT OF COMMON PLEAS OF 55 Beattie Place, Suite 110, CUMBERLAND COUNTY, PA MS#001, Greenville, SC 29601, PLAINTIFF, V. NO: 2014-1421 LESLIE A. MANUEL AND GEORGE W. MANUEL a/k/a GEORGE W. MANUEL, III, 120 Wynnwood Drive, Carlisle, PA 17013, DEFENDANTS. NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Leslie A. Manuel 120 Wynnwood Drive Carlisle, PA 17013 DATE OF NOTICE: April 4, 2014 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. Department of Defense Manpower Data Center Results as of:May-02-2014 08:16:17 AM SCRA 3.0 Status Report Pursuant to Servicemembers Civil Relief Act Last Name: MANUEL First Name: LESLIE Middle Name: A Active Duty Status As Of: May-02-2014 On Active Du On Active Duty Status Date Active Duty Start Date Active Duty End Date Status Service Component NA NA No NA This response reflects the Individuals'active duty status based on the Active Duty Status Date Left Active.Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active:Duty End Date. Status Service Component NA NA No NA This response reflects where the individual left active duty status within 367 days preceding the Active Duty Status Date The Member or His/Her.Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 at seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:http://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARS),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAH Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: C90FA665COD4K70 Department of Defense Manpower Data Center Results as of:May-02-2014 08:17:05 AM SCRA 3.0 Status Report Pursuant to Servicernembers Civil Relief Act Last Name: MANUEL First Name: GEORGE Middle Name: W Active Duty Status As Of: May-02-2014 On Active Duty On Active Duty Status Date Active Duty Start Date Active.Duty End Date Status Service Component NA NA No NA This response reflects the Individuals'active duty status based on the Active Du Status Date Left Active Duty Within 367 Days of Active Duty Status Date Active Duty Start Date Active.Duty End Date Status Service Component NA NA No NA This response reflects where the individual left active duty-status within 367 days preceding the Active Duty Status Date The Member or Hia/Her.Unit Was Notified of a Future Call-Up to Active Duty on Active Duty Status Date Order Notification Start Date Order Notification End Date Status Service Component NA NA No NA This response reflects whether the individual or his/her unit has received early notification to report for active duty Upon searching the data banks of the Department of Defense Manpower Data Center,based on the information that you provided,the above is the status of the individual on the active duty status date as to all branches of the Uniformed Services(Army,Navy,Marine Corps,Air Force,NOAA,Public Health,and Coast Guard). This status includes information on a Servicemember or his/her unit receiving notification of future orders to report for Active Duty. 410, 4rol Mary M.Snavely-Dixon,Director Department of Defense-Manpower Data Center 4800 Mark Center Drive,Suite 04E25 Arlington,VA 22350 The Defense Manpower Data Center(DMDC)is an organization of the Department of Defense(DoD)that maintains the Defense Enrollment and Eligibility Reporting System(DEERS)database which is the official source of data on eligibility for military medical care and other eligibility systems. The DoD strongly supports the enforcement of the Servicemembers Civil Relief Act(50 USC App.§501 at seq,as amended)(SCRA)(formerly known as the Soldiers'and Sailors'Civil Relief Act of 1940). DMDC has issued hundreds of thousands of"does not possess any information indicating that the individual is currently on active duty"responses,and has experienced only a small error rate. In the event the individual referenced above,or any family member,friend,or representative asserts in any manner that the individual was on active duty for the active duty status date,or is otherwise entitled to the protections of the SCRA,you are strongly encouraged to obtain further verification of the person's status by contacting that person's Service via the "defenselink.mil"URL:hftp://www.defenselink.mil/faq/pis/PC09SLDR.html. If you have evidence the person was on active duty for the active duty status date and you fail to obtain this additional Service verification,punitive provisions of the SCRA may be invoked against you. See 50 USC App.§521(c). This response reflects the following information: (1)The individual's Active Duty status on the Active Duty Status Date(2)Whether the individual left Active Duty status within 367 days preceding the Active Duty Status Date(3)Whether the individual or his/her unit received early notification to report for active duty on the Active Duty Status Date. More information on "Active Duty Status" Active duty status as reported in this certificate is defined in accordance with 10 USC§101(d)(1). Prior to 2010 only some of the active duty periods less than 30 consecutive days in length were available. In the case of a member of the National Guard,this includes service under a call to active service authorized by the President or the Secretary of Defense under 32 USC§502(f)for purposes of responding to a national emergency declared by the President and supported by Federal funds. All Active Guard Reserve(AGR)members must be assigned against an authorized mobilization position in the unit they support. This includes Navy Training and Administration of the Reserves(TARs),Marine Corps Active Reserve(ARs)and Coast Guard Reserve Program Administrator(RPAs). Active Duty status also applies to a Uniformed Service member who is an active duty commissioned officer of the U.S. Public Health Service or the National Oceanic and Atmospheric Administration(NOAA Commissioned Corps). Coverage Under the SCRA is Broader in Some Cases Coverage under the SCRA is broader in some cases and includes some categories of persons on active duty for purposes of the SCRA who would not be reported as on Active Duty under this certificate. SCRA protections are for Title 10 and Title 14 active duty records for all the Uniformed Services periods. Title 32 periods of Active Duty are not covered by SCRA,as defined in accordance with 10 USC§101(d)(1). Many times orders are amended to extend the period of active duty,which would extend SCRA protections.Persons seeking to rely on this website certification should check to make sure the orders on which SCRA protections are based have not been amended to extend the inclusive dates of service. Furthermore,some protections of the SCRA may extend to persons who have received orders to report for active duty or to be inducted,but who have not actually begun active duty or actually reported for induction. The Last Date on Active Duty entry is important because a number of protections of the SCRA extend beyond the last dates of active duty. Those who could rely on this certificate are urged to seek qualified legal counsel to ensure that all rights guaranteed to Service members under the SCRA are protected WARNING: This certificate was provided based on a last name,SSN/date of birth,and active duty status date provided by the requester. Providing erroneous information will cause an erroneous certificate to be provided. Certificate ID: B942S68550D5Q00 LAWYER REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE,PA 17013 (717)249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirid.a de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha.de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: LAWYER REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S.BEDFORD STREET CARLISLE,PA 17013 (717)249-3166 PURSUANT-TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Leslie A. Manuel- 120 Wynnwood Drive, Carlisle, PA 17013 George W. Manuel a/k/a George W. Manuel, III - 120 Wynnwood Dri , Carlisle, PA 17013 By: Stephen M. Hladi squire Attorney for Plaintiff HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE Attorneys for Plaintiff ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue North Wales, PA 19454 215-855-9521 RESURGENT CAPITAL SERVICES, LP, COURT OF COMMON PLEAS OF 55 Beattie Place, Suite 110, CUMBERLAND COUNTY, PA MS#001, Greenville, SC 29601, PLAINTIFF, V. NO: 2014-1421 LESLIE A. MANUEL AND GEORGE W. MANUEL a/k/a GEORGE W. MANUEL, III, 120 Wynnwood Drive, Carlisle, PA 17013, DEFENDANTS. NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: George W. Manuel a/k/a George W. Manuel, III 120 Wynnwood Drive Carlisle, PA 17013 DATE OF NOTICE: April 4,2014 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to your lawyer at once. If you do not have a lawyer, go to or telephone the office set forth below. This office can provide you with information about hiring a lawyer. If you cannot afford to hire a lawyer, this office may be able to provide you with information about agencies that may offer legal services to eligible persons at a reduced fee or no fee. LAWYER REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S.BEDFORD STREET CARLISLE,PA 17013 (717)249-3166 PURSUANT TO THE FAIR DEBT�C� DEEMED TO BE A DEBT COLLECTOR ADVISED THAT THIS LA ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in corte o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o llame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: LAWYER REFERENCE SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 S.BEDFORD STREET CARLISLE,PA 17013 (717)249-3166 PURSUANT TO THE FAIR DEBT COLLECTION DEEMED TO BE A DEBT COLLECTOR ADVISED THAT THIS ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Leslie A. Manuel- 120 Wynnwood Drive, Carlisle, PA 17013 George W. Manuel a/k/a George W. Manuel, III - 120 Wynnwood Drive, Carlisle, PA 17013 By: Stephen M. Hladi. E�,aire Attorney for Plaintiff HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M .HLADIK, ESQUIRE Attorneys for Plaintiff ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue North Wales, PA 19454 215-855-9521 RESURGENT CAPITAL SERVICES, LP, COURT OF COMMON PLEAS OF 55 Beattie Place, Suite 110, CUMBERLAND COUNTY, PA MS#001, Greenville, SC 29601, PLAINTIFF, V• NO: 2014-1421 LESLIE A. MANUEL AND GEORGE W. MANUEL a/k/a GEORGE W. MANUEL, I1I, 120 Wynnwood Drive, Carlisle, PA 17013, DEFENDANTS. CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto,April 4, 2014,to the following Defendants: Leslie A. Manuel George W. Manuel a/k/a George W. Manuel, III 120 Wynnwood Drive Carlisle, PA 17013 By: Stephen M. Hladik, E quir Attorney for Plaintiff HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M .HLADIK, ESQUIRE Attorneys for Plaintiff ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue North Wales, PA 19454 215-855-9521 RESURGENT CAPITAL SERVICES, LP, COURT OF COMMON PLEAS OF 55 Beattie Place, Suite 110, CUMBERLAND COUNTY, PA MS#001, Greenville, SC 29601, PLAINTIFF, V• NO: 2014-1421 LESLIE A. MANUEL AND GEORGE W. MANUEL a/k/a GEORGE W. MANUEL, III, 120 Wynnwood Drive, Carlisle, PA 17013, DEFENDANTS. RULE 236 NOTICE To: Leslie A. Manuel George W. Manuel a/k/a George W. Manuel, III 120 Wynnewood Drive Carlisle, PA 17013 PURSUANT TO RULE 236, YOU ARE HEREBY NOTIFIED THAT A JUDGMENT HAS BEEN ENTERED AGAINST YOU ON THIS DATE IN THIS ACTION. By: to Page 1 of 7 HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue P.O. Box1489 North Wales, PA 19454-1489 (215) 855-9521 rfiE PROTHON TA0. ATTORNEYS FOR PLA NTIE CUMBEAND COUNTY PENNSYLVANIA RESURGENT CAPITAL SERVICES, LP, PLAINTIFF, v. LESLIE A. MANUEL AND GEORGE W. MANUEL A/K/A GEORGE W. MANUEL, III, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 2014-1421 DEFENDANTS. PRAECIPE FOR WRIT OF EXECUTION (MORTGAGE FORECLOSURE) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please issue a Writ of Execution in the above matter, and direct the Sheriff to levy on the real property located at 120 Wynnwood Drive a/k/a 120 Wynwood Drive, North Middleton Township, Cumberland County, Carlisle, Pennsylvania 17013. 'Amount due Interest from 5/5/14 to 9/3/14 At $11.79 per day TOTAL *together with interest at the aggregate daily rate of $11.79 plus costs, expenses, attorneys' fees, and all other amounts due and payable under the Note and Mortgage and for foreclosure and sale of the mortgage premises. $66,214.70 $ 1,426.59 $67,641.29 Date: G - ` 1 "1 L/ apt/. 10? 50,06,1 a (DtQ :TR'CiF Ilo.so"« te, ats.S3 By: Respectfully submitted, HLADIK, ONORATO & PEARLSTINE, LLP Steph . Hladik, Esquire William E. Miller, Esquire Attorneys for Plaintiff sa.as-istit �. .sow foctum &?-otoo/ LEGAL DESCRIPTION ALL THAT CERTAIN tract or• parcel of land and premises, situate, lying and being in the Township of North Middleton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a steel pin on the Southern side of Wynwood Drive, said steel pin being 235 feet in an Easterly direction from the Southeast corner of said Wynwood Drive and Pennsylvania State Highway Route No. 34; thence South 82 degrees 30 minutes East along said Southern side of said Wynwood Drive a distance of 90 feet to a steel pin; thence South 7 degrees 30 minutes West a distance of 145.3 feet to a steel pin; thence South 65 degrees 58 minutes West a distance of 35.6 feet to a steel pin; thence South 87 degrees 28 minutes West a distance of 60.7 feet to a steel pin; thence North 7 degrees 30 minutes East along the Eastern line of Lot No. 6 in the hereinafter mentioned Plan of Lots, a distance of 174.3 feet to a steel pin the Place of BEGINNING. BEING all of Lot No. 7 and the Western 30 feet of Lot No. 8 in the Plan of Lots known as Valley View Acres, said Plan of Lots being recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book No. 3, Page 114. BEING improved with a two story frame dwelling house known as No. 120 Wynwood Drive. BEING THE SAME PREMISES which Richard E. Wise and Opal L. Wise by deed dated November 22, 2005 and recorded on November 23, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 272 Page 234, granted and conveyed unto Leslie A. Manuel and George W. Manuel, III, husband and wife, in fee. I-ILAbIK, ONORATO & PEARLSTINE, LLPSTEPHEN M. ATTORNEY I.DLNOIK, ESBQUIRE ATTORNEYS FOR PLAINTIaFFjai _5 7 RI • J WILLIAM E. MILLER, ESQUIRE CUMBERL ACOUNTY ATTORNEY I.D. NO. 308951 �'Ef���NSYi�ANli', 298 Wissahickon Avenue P.O. Box1489 North Wales, PA 19454-1489 (215) 855-9521 RESURGENT CAPITAL SERVICES, LP, PLAINTIFF, v. LESLIE A. MANUEL AND GEORGE W. MANUEL A/K/A GEORGE W. MANUEL, III, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 2014-1421 DEFENDANTS. AFFIDAVIT PURSUANT TO RULE 3129.1 Resurgent Capital Services, LP, Plaintiff in the above -captioned action, sets forth as of the date of the Praecipe for Writ of Execution (Mortgage Foreclosure) was filed, the following was information concerning the real property situate at 120 Wynnwood Drive, Carlisle, Pennsylvania 17013 the same being more particularly described on Exhibit "A" attached hereto and incorporated by reference: 1. Names and Addresses of Owner(s) or Reputed Owner(s): Name: Leslie A. Manuel Address: 120 Wynnwood Drive Carlisle, PA 17013 George W. Manuel a/k/a George W. 120 Wynnwood Drive Manuel, III Carlisle, PA 17013 2. Name and address of Defendant(s) in judgment: Name: Leslie A. Manuel Address: 120 Wynnwood Drive Carlisle, PA 17013 George W. Manuel a/k/a George W. 120 Wynnwood Drive Manuel, III Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is of record on the real property to be sold: Name: Address: ' Resurgent Capital Services, LP 55 Beatie Place Suite 100, MS #001 Greenville, SC 29601 North Middleton Authority 240 Clearwater Drive Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: Name: Resurgent Capital Services, LP Mortgage Electronic Registration Systems, Inc. American Home Mortgage Address: 55 Beatie Place Suite 100, MS #001 Greenville, SC 29601 PO Box 2026 Flint, MI 48501 520 Broadhollow Road Melville, NY 11747 And PO Box 13916 Durham, NC 27709 Mortgage Electronic Registration 1901 E. Voorhees Street Systems, Inc. as nominee for American Suite C Home Mortgage Danville, IL 61834 5. Name and address of every other person who has any record lien on the property: Name: None. Address: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name: Address: Commonwealth of PA PO Box 2675 Department of Welfare Harrisburg, PA 17105 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name: Address: Tenant/Occupant 120 Wynnwood Drive Carlisle, PA 17013 Commonwealth of PA PO Box 2675 Department of Welfare Harrisburg, PA 17105 I hereby verify that the statements made in this Affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. Date: By: Respectfully submitted, HLADIK, ONORATO & PEARLSTINE, LLP LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of North Middleton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a steel pin on the Southern side of Wynwood Drive, said steel pin being 235 feet in an Easterly direction from the Southeast corner of said Wynwood Drive and Pennsylvania State Highway Route No. 34; thence South 82 degrees 30 minutes East along said Southern side of said Wynwood Drive a distance of 90 feet to a steel pin; thence South 7 degrees 30 minutes West a distance of 145.3 feet to a steel pin; thence South 65 degrees 58 minutes West a distance of 35.6 feet to a steel pin; thence South 87 degrees 28 minutes West a distance of 60.7 feet to a steel pin; thence North 7 degrees 30 minutes East along the Eastern line of Lot No. 6 in the hereinafter mentioned Plan of Lots, a distance of 174.3 feet to a steel pin the Place of BEGINNING. BEING all of Lot No. 7 and the Western 30 feet of Lot No. 8 in the Plan of Lots known as Valley View Acres, said Plan of Lots being recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book No. 3, Page 114. BEING improved with a two story frame dwelling house known as No. 120 Wynwood Drive. BEING THE SAME PREMISES which Richard E. Wise and Opal L. Wise by deed dated November 22, 2005 and recorded on November 23, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 272 Page 234, granted and conveyed unto Leslie A. Manuel and George W. Manuel, III, husband and wife, in fee. IYLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue, P.O. Box 1489, North Wales, PA 19454-1489 (215) 855-9521 RESURGENT CAPITAL SERVICES, LP, PLAINTIFF, ATTORNEYS FOR PLAINTIFF v. LESLIE A. MANUEL AND GEORGE W. MANUEL A/K/A GEORGE W. MANUEL, III, DEFENDANTS. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 2014-1421 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Leslie A. Manuel 120 Wynnwood Drive Carlisle, PA 17013 Real estate situate at 120 Wynnwood Drive, North Middleton Township, Carlise, Pennsyvlania 17013 as more fully set forth on Exhibit "A" attached hereto, is scheduled to be sold at Sheriff's Sale on September 3, 2014, at 10:00a.m. in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the Court Judgment of $66,214.70, (plus any additional interest and costs) obtained by Resurgent Capital Services, LP, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sale you must take immediate action. The Sale will be stopped if you pay Resurgent Capital Services, LP, back payments, late charges, costs, and reasonable attorneys' fees due. To find out how much you must pay, you may call: Stephen M. Hladik, Esquire 298 Wissahickon Avenue North Wales, PA 19454-1489 Telephone number 215-855-9521 1. You may be able to stop the Sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 2. You may be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If 'the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County at (717) 240-6390. 2. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the value of your property. 3. The Sale will go through only if the buyer paid the Sheriff the full amount due in the Sale. To find out if this happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A Schedule of Distribution of the money bid for your house will be filed by the Sheriff on or before October 3, 2014. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after filing the Schedule of Distribution. 7. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Date: CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 By: Respectfully submitted, HLADIK, ONORATO & PEARLSTINE, LLP Stepheiti.M' Hladik, Esquire Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of North Middleton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a steel pin on the Southern side of Wynwood Drive, said steel pin being 235 feet in an Easterly direction from the Southeast corner of said Wynwood Drive and Pennsylvania State Highway Route No. 34; thence South 82 degrees 30 minutes East along said Southern side of said Wynwood Drive a distance of 90 feet to a steel pin; thence South 7 degrees 30 minutes West a distance of 145.3 feet to a steel pin; thence South 65 degrees 58 minutes West a distance of 35.6 feet to a steel pin; thence South 87 degrees 28 minutes West a distance of 60.7 feet to a steel pin; thence North 7 degrees 30 minutes East along the Eastern line of Lot No. 6 in the hereinafter mentioned Plan of Lots, a distance of 174.3 feet to a steel pin the Place of BEGINNING. BEING all of Lot No. 7 and the Western 30 feet of Lot No. 8 in the Plan of Lots known as Valley View Acres, said Plan of Lots being recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book No. 3, Page 114. BEING improved with a two story frame dwelling house known as No. 120 Wynwood Drive. BEING THE SAME PREMISES which Richard E. Wise and Opal L. Wise by deed dated November 22, 2005 and recorded on November 23, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 272 Page 234, granted and conveyed unto Leslie A. Manuel and George W. Manuel, III, husband and wife, in fee. • HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR PLAINTIFF ATTORNEY I.D. NO. 66287 ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue, P.O. Box1489, North Wales, PA 19454-1489 (215)855-9521 RESURGENT CAPITAL SERVICES, LP, PLAINTIFF, v. LESLIE A. MANUEL AND GEORGE W. MANUEL A/K/A GEORGE W. MANUEL, III, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 2014-1421 DEFENDANTS. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: George W. Manuel a/k/a George W. Manuel, III 120 Wynnwood Drive Carlisle, PA 17013 Real estate situate at 120 Wynnwood Drive, North Middleton Township, Carlise, Pennsyvlania 17013 as more fully set forth on Exhibit "A" attached hereto, is scheduled to be sold at Sheriff's Sale on September 3, 2014, at 10:00a.m. in the Cumberland County Courthouse, One Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the Court Judgment of $66,214.70, (plus any additional interest and costs) obtained by Resurgent Capital Services, LP, against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sale you must take immediate action. The Sale will be stopped if you pay Resurgent Capital Services, LP, back payments, late charges, costs, and reasonable attorneys' fees due. To find out how much you must pay, you may call: Stephen M. Hladik, Esquire 298 Wissahickon Avenue North Wales, PA 19454-1489 Telephone number 215-855-9521 1. You may be able to stop the Sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the Sale for good cause. 2. You may be able to stop the Sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the Sale. (See below to find out how to obtain an attorney). YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 3. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriff of Cumberland County at (717) 240-6390. 4. You may be able to petition the Court to set aside the Sale if the bid price was grossly inadequate compared to the value of your property. 5. The Sale will go through only if the buyer paid the Sheriff the full amount due in the Sale. To find out if this happened, you may call the Sheriff of Cumberland County at (717) 240-6390. 6. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the Sale never happened. 7. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 8. You may be entitled to a share of the money which was paid for your house. A Schedule of Distribution of the money bid for your house will be filed by the Sheriff on or before October 3, 2014. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after filing the Schedule of Distribution. 9. You may also have other rights and defenses, or ways of getting your property back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE: Date: CUMBERLAND COUNTY BAR ASSOCIATION 32 S. BEDFORD STREET CARLISLE, PA 17013 717-249-3166 By: Respectfully submitted, HLADIK, ONORATO & PEARLSTINE, LLP Stephen M. Hladik, Esquire Attorney for Plaintiff LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of North Middleton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a steel pin on the Southern side of Wynwood Drive, said steel pin being 235 feet in an Easterly direction from the Southeast corner of said Wynwood Drive and Pennsylvania State Highway Route No. 34; thence South 82 degrees 30 minutes East along said Southern side of said Wynwood Drive a distance of 90 feet to a steel pin; thence South 7 degrees 30 minutes West a distance of 145.3 feet to a steel pin; thence South 65 degrees 58 minutes West a distance of 35.6 feet to a steel pin; thence South 87 degrees 28 minutes West a distance of 60.7 feet to a steel pin; thence North 7 degrees 30 minutes East along the Eastern line of Lot No. 6 in the hereinafter mentioned Plan of Lots, a distance of 174.3 feet to a steel pin the Place of BEGINNING. BEING all of Lot No. 7 and the Western 30 feet of Lot No. 8 in the Plan of Lots known as Valley View Acres, said Plan of Lots being recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book No. 3, Page 114. BEING improved with a two story frame dwelling house known as No. 120 Wynwood Drive. BEING THE SAME PREMISES which Richard E. Wise and Opal L. Wise by deed dated November 22, 2005 and recorded on November 23, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 272 Page 234, granted and conveyed unto Leslie A. Manuel and George W. Manuel, III, husband and wife, in fee. THE COURT OF COMMON PLEAS CUMBERLAND COUNTY PA DAVID D. BUELL, PROTHONOTARY One Courthouse Square • Suite100 • Carlisle, PA • 17013 (717)240-6195 www.ccpa.net RESURGENT CAPITAL SERVICES, LP Vs. NO 14-1421 Civil Term CIVIL ACTION — LAW LESLIE A. MANUEL AND GEORGE W. MANUEL A/K/A GEORGE W. MANUEL, III WRIT OF EXECUTION TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above matter you are directed to levy upon and sell the following described property: (1) See legal description. (2) (Specifically describe personal property when judgment results from a mortgage covering both personal and real property pursuant to Section 9604(a)of the Uniform Commercial Code) NOTE: Description of property must be attached to the writ. Amount Due: $66,214.70 L.L.: 5.50 Interest FROM 5/5/14 TO 9/3/14 AT $11.79 PER DAY - $1,426.59 Atty's Comm: Due Prothy: $2.25 Atty Paid: $215.53 Plaintiff Paid: Date: 6/5/2014 (Seal) Other Costs: David D. Buell, Prothonota Deputy REQUESTING PARTY: Name: STEPHEN M. HLADIK, ESQUIRE Address: HLADIK, ONORATO & PEARLSTINE, LLP 298 WISSAHICKON AVENUE, P.O. BOX 1489 NORTH WALES, PA 19454 Attorney for: PLAINTIFF Telephone: 215-855-9521 Supreme Court ID No. 66287 7 i!✓ ,o HLADIK, ONORATO & PEARLSTINE, LLP <A �6n G 0 STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR PLAINTIFF -03-03,1ei," � ATTORNEY I.D. NO. 66287 "Ca,� �'; WILLIAM E. MILLER, ESQUIRE f> ` ; ATTORNEY I.D. NO. 308951 L'...)-' 298 Wissahickon Avenue P.O. Box1489 North Wales, PA 19454-1489 (215) 855-9521 RESURGENT CAPITAL SERVICES, LP, PLAINTIFF, v. LESLIE A. MANUEL AND GEORGE W. MANUEL A/K/A GEORGE W. MANUEL, III, COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 2014-1421 DEFENDANTS. AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Resurgent Capital Services, LP, Plaintiff in the above -captioned action, sets forth as of the date of the Praecipe for Writ of Execution (Mortgage Foreclosure) was filed, the following was information concerning the real property situate at 120 Wynnwood Drive, Carlisle, Pennsylvania 17013 the same being more particularly described on Exhibit "A" attached hereto and incorporated by reference: 1. Names and Addresses of Owner(s) or Reputed Owner(s): Name: Leslie A. Manuel Address: 120 Wynnwood Drive Carlisle, PA 17013 George W. Manuel a/k/a George W. 120 Wynnwood Drive Manuel, III Carlisle, PA 17013 2. Name and address of Defendant(s) in judgment: Name: Leslie A. Manuel Address: 120 Wynnwood Drive Carlisle, PA 17013 George W. Manuel a/k/a George W. 120 Wynnwood Drive Manuel, III Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is of record on the real property to be sold: Name: Address: Resurgent Capital Services, LP North Middleton Authority Heller's Gas 55 Beatie Place Suite 100, MS #001 Greenville, SC 29601 240 Clearwater Drive Carlisle, PA 17013 10 E. High Street Carlisle, PA 17013 500 N. Poplar Street Berwick, PA 18603 c/o Joseph R. Ferdinand, Esquire Gillespie, Miscavige, Ferdinand & Baranko, LLC 67 N. Church Street Hazleton, PA 18201 And 301 S. Kennedy Drive McAdoo, PA 18237 4. Name and address of the last recorded holder of every mortgage of record: Name: Resurgent Capital Services, LP Mortgage Electronic Registration Systems, Inc. American Home Mortgage Mortgage Electronic Registration Systems, Inc. as nominee for American Home Mortgage 5. Name and address of every other property: Address: 55 Beatie Place Suite 100, MS #001 Greenville, SC 29601 PO Box 2026 Flint, MI 48501 520 Broadhollow Road Melville, NY 11747 And PO Box 13916 Durham, NC 27709 1901 E. Voorhees Street Suite C Danville, IL 61834 person who has any record lien on the Name: None. Address: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name: Address: Commonwealth of PA PO Box 2675 Department of Welfare Harrisburg, PA 17105 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name: Tenant/Occupant Address: 120 Wynnwood Drive Carlisle, PA 17013 Commonwealth of PA PO Box 2675 Department of Welfare Harrisburg, PA 17105 I hereby verify that the statements made in this Affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. Date: 1 lt2 1 k vl By: Respectfully submitted, HLADIK, ONORAT PEARLSTINE, LLP Stephen M. d' ' squire LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of North Middleton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a steel pin on the Southern side of Wynwood Drive, said steel pin being 235 feet in an Easterly direction from the Southeast corner of said Wynwood Drive and Pennsylvania State Highway Route No. 34; thence South 82 degrees 30 minutes East along said Southern side of said Wynwood Drive a distance of 90 feet to a steel pin; thence South 7 degrees 30 minutes West a distance of 145.3 feet to a steel pin; thence South 65 degrees 58 minutes West a distance of 35.6 feet to a steel pin; thence South 87 degrees 28 minutes West a distance of 60.7 feet to a steel pin; thence North 7 degrees 30 minutes East along the Eastern line of Lot No. 6 in the hereinafter mentioned Plan of Lots, a distance of 174.3 feet to a steel pin the Place of BEGINNING. BEING all of Lot No. 7 and the Western 30 feet of Lot No. 8 in the Plan of Lots known as Valley View Acres, said Plan of Lots being recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book No. 3, Page 114. BEING improved with a two story frame dwelling house known as No. 120 Wynwood Drive. BEING THE SAME PREMISES which Richard E. Wise and Opal L. Wise by deed dated November 22, 2005 and recorded on November 23, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 272 Page 234, granted and conveyed unto Leslie A. Manuel and George W. Manuel, III, husband and wife, in fee. HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue P.O. Box1489 North Wales, PA 19454-1489 (215) 855-9521 '11C} �r ! fir; ' , /OAATTORNEYS FOR PLAINTI '),9! "0^ V,, 4D ,, 24 7.F RESURGENT CAPITAL SERVICES, LP, PLAINTIFF, v. LESLIE A. MANUEL AND GEORGE W. MANUEL A/K/A GEORGE W. MANUEL, III, DEFENDANTS. COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 2014-1421 AFFIDAVIT OF SERVICE UPON ALL INTERESTED PARTIES PURSUANT TO Pa. R.C.P. 3129.2(c)(1)(iii) I, STEPHEN M. HLADIK, ESQUIRE, attorney for Plaintiff in the above - referenced matter, hereby state that on 11 25I I I `I , consistent with the provisions of Pennsylvania Rule of Civil Procedure 129.2(c)(1)(iii), I caused written notice of the scheduled Sheriff's sale in the above -referenced matter to be served by first class mail, postage prepaid, with Certificate of Mailing, on all persons named in Plaintiffs Affidavit Pursuant to Rule 3129.1, at their respective addresses set forth in that Affidavit. A true and correct copy of Plaintiff's Affidavit Pursuant to Rule 3129.1 is attached to this Affidavit as Exhibit "A", and is made a part of it. A true and correct copy of U.S. Postal Service Form 3877 - Certificates of Mailing for each notice mailed is attached to this Affidavit as Exhibit "B", and is made a part of it. I hereby verify that the statements made in this Affidavit are true and correct, to the best of my knowledge, information and belief, and that the statements are made pursuant to 18 Pa. C.S.A. § 4904, relating to unsworn y ;fications to authorities. STEPHEN M Vii• DIK, ESQUIRE HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEYS FOR PLAINTIFF ATTORNEY I.D. NO. 66287 WILLIAM E. MILLER, ESQUIRE ATTORNEY I.D. NO. 308951 298 Wissahickon Avenue P.O. Box1489 North Wales, PA 19454-1489 (215) 855-9521 RESURGENT CAPITAL SERVICES, LP, COURT OF COMMON PLEAS OF PLAINTIFF, CUMBERLAND COUNTY, PA v. LESLIE A. MANUEL AND GEORGE W. MANUEL A/K/A GEORGE W. MANUEL, III, NO: 2014-1421 DEFENDANTS. AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Resurgent Capital Services, LP, Plaintiff in the above -captioned action, sets forth as of the date of the Praecipe for Writ of Execution (Mortgage Foreclosure) was filed, the following was information concerning the real property situate at 120 Wynnwood Drive, Carlisle, Pennsylvania 17013 the same being more particularly described on Exhibit "A" attached hereto and incorporated by reference: 1. Names and Addresses of Owner(s) or Reputed Owner(s): Name: Leslie A. Manuel Address: 120 Wynnwood Drive Carlisle, PA 17013 George W. Manuel a/k/a George W. 120 Wynnwood Drive Manuel, III Carlisle, PA 17013 2. Name and address of Defendant(s) in judgment: Name: Leslie A. Manuel Address: 120 Wynnwood Drive Carlisle, PA 17013 George W. Manuel a/k/a George W. 120 Wynnwood Drive Manuel, III Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is of record on the real property to be sold: Name: Address: EXHIBIT Resurgent Capital Services, LP North Middleton Authority Heller's Gas 55 Beatie Place Suite 100, MS #001 Greenville, SC 29601 240 Clearwater Drive Carlisle, PA 17013 10 E. High Street Carlisle, PA 17013 500 N. Poplar Street Berwick, PA 18603 do Joseph R. Ferdinand, Esquire Gillespie, Miscavige, Ferdinand & Baranko, LLC 67 N. Church Street Hazleton, PA 18201 And 301 S. Kennedy Drive McAdoo, PA 18237 4. Name and address of the last recorded holder of every mortgage of record: Name: Resurgent Capital Services, LP Mortgage Electronic Registration Systems, Inc. American Home Mortgage Mortgage Electronic Registration Systems, Inc. as nominee for American Home Mortgage 5. Name and address of every other property: Address: 55 Beatie Place Suite 100, MS #001 Greenville, SC 29601 PO Box 2026 Flint, MI 48501 520 Broadhollow Road Melville, NY 11747 And PO Box 13916 Durham, NC 27709 1901 E. Voorhees Street Suite C Danville, IL 61834 person who has any record lien on the Name: None. Address: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name: Address: Commonwealth of PA PO Box 2675 Department of Welfare Harrisburg, PA 17105 7. Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name: Tenant/Occupant Address: 120 Wynnwood Drive Carlisle, PA 17013 Commonwealth of PA PO Box 2675 Department of Welfare Harrisburg, PA 17105 I hereby verify that the statements made in this Affidavit are true and correct to the best of my knowledge or information and belief. I understand that false statements made herein are made subject to the penalties of 18 Pa. C.S. § 4904 relating to unsworn falsifications to authorities. Date: 1 11 v` I l By: Respectfully submitted, HLADIK, ONORAT% : PEARLSTINE, LLP Stephen M. . di ; " squire LEGAL DESCRIPTION ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in the Township of North Middleton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a steel pin on the Southern side of Wynwood Drive, said steel pin being 235 feet in an Easterly direction from the Southeast corner of said Wynwood Drive and Pennsylvania State Highway Route No. 34; thence South 82 degrees 30 minutes East along said Southern side of said Wynwood Drive a distance of 90 feet to a steel pin; thence South 7 degrees 30 minutes West a distance of 145.3 feet to a steel pin; thence South 65 degrees 58 minutes West a distance of 35.6 feet to a steel pin; thence South 87 degrees 28 minutes West a distance of 60.7 feet to a steel pin; thence North 7 degrees 30 minutes East along the Eastern line of Lot No. 6 in the hereinafter mentioned Plan of Lots, a distance of 174.3 feet to a steel pin the Place of BEGINNING. BEING all of Lot No. 7 and the Western 30 feet of Lot No. 8 in the Plan of Lots known as Valley View Acres, said Plan of Lots being recorded in the office of the Recorder of Deeds for Cumberland County in Plan Book No. 3, Page 114. BEING improved with a two story frame dwelling house known as No. 120 Wynwood Drive. BEING THE SAME PREMISES which Richard E. Wise and Opal L. Wise by deed dated November 22, 2005 and recorded on November 23, 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 272 Page 234, granted and conveyed unto Leslie A. Manuel and George W. Manuel, III, husband and wife, in fee. Name anAttegagclzr 1 MI ICAPT:s1 c%101* LLP North Wales, PA 19454 Article Number Check type of mail or service: 0 Adult Signature Required 0 ❑ Certified Mail ❑ COD ❑ Delivery Confirmation ❑ Express Mail ❑ Insured AdLlt Signature Restricted Delivery ❑ Recorded Delivery (International) ❑ Registered ❑ Return Receipt for Merchandise ❑ Signature Confirmation Addressee (Name, Street, City, State, & ZIP Code TM) Postage 2. 3. North Middleton Authority 240 Clearwater Drive Carlisle, PA 17013 (1), North Middleton Authority 10 E. High Street Carlisle, PA 17013 % Heller's Gas 4. 5. u 6. S 7. 8. 500 N. Poplar Street Berwick, PA 18603 Heller's Gas c/o Joseph R. Ferdinand, Esq. Gillespie, Miscavige, Ferdinand & Baranko, LLC 67 N. Church Street Hazelton, PA 18201 Heller's Gas c/o Joseph R. Ferdinand, Esq. Gillespie, Miscavige, Ferdinand & Baranko, LLC 301 S. Kennedy Drive McAdoo, PA 18237 l `ll Affix Stamp Here (If issued as a certificate of mailing or for additional copies of this bill) Postmark and Date of Receipt Fee Handling Charge Z / ri' ,ImilmomwPITNEY BOWES 02 1P $ 002.35° 0003197243 JUL 292014 MAILED FROM ZIP CODE 1 9454 RR Fee `41 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of receiving employee) PS Form 3877, June 2011 (Page 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen See Privacy Act Statement on Reverse Name and Address of Sender FLANK, ONORATO & PEARLSi1E, UP 298 Wissahickon Avenue NorthWales,PA 19454 Check type of mail or service: ❑ Adult Signature Required ❑ Certified Mail ❑ COD ❑ Delivery Confirmation ❑ Express Mail ❑ Insured ❑ AdOlt Signature Restricted Delivery ❑ Recorded Delivery (International) ❑ Registered ❑ Return Receipt for Merchandise ❑ Signature Confirmation Affix Stamp Here (If issued as a certificate of mailing or for additional copies of this bill) Postmark and Date of Receipt Article Number Addressee (Name, Street, City, State, & ZIP Coder"') Postage Fee Handling Charge 1. Mortgage Electronic Registration — Systems, Inc. PO Box 2026 Flint, MI 48501 American Home Mortgage 520 Broadhollow Road Melville, NY 11747 5. - American Home Mortgage PO Box 13916 Durham, NC 27709 6. 7. 8. Mortgage Electronic Registration Systems, Inc. 1901 E. Vorhees Street, Suite C Danville, IL 61834 q� .4S A! if SSP T •` f mss_ z d ' � PITNEY BOWES 02 1P $ 001.88° 0003197243 JUL 29 201 4 RR MAILED FROM ZIP CODE 19454 =ee Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of receiving employee) PS Form 3877, June 2011 (Page 1 of 2) Complete by Typewriter, Ink, or Ball Point Pen See Privacy Act Statement on Reverse Name and Address of Sender KAM, ONORATO & KARLSTIte, UP 298 Wtssahicken Avenue Nortii Wales, FR 19454 Check type of mail or service: 0 Adult Signature Required 0 AdOlt Signature Restricted Delivery 0 Certified Mail 0 Recorded Delivery (International) 0 COD 0 Registered 0 Delivery Confirmation 0 Return Receipt for Merchandise 0 Express Mail 0 Insured 0 Signature Confirmation , Affix Stamp Here (If issued as a ' certificate of mailing or for additional 069 Pc**, f 4 copies of this bill) 'Vs L Postmark and r"..-.7vm„,..1=drrommoor Date of Receipt P4 : ":.:"P: ---abaramorr..4=' I Fee Handling Charge r.ti, .'• •.n ......: ....._ pinny gowEs EIL..'? ......... cr::1 : $ 137 0E2 99240451440 r" Article Number Addressee (Name, Street, City, State, & ZIP Coder") Postage 1. 4S- 2 I-- 15 cc. 1.0 . 9 - i tri . I 0 0 .:-*:+. . MAILED . 0 9 FROM72 4 3 ZIP JULOC( 9.1 30D 1 0 Commonwealth of PA — Department of Welfare — kit) . 2 I I PO Box 2675 Harrisburg, PA 17105 ,...•._ • 0, v -i.0 ;...„, •., ,:.•,,„ ... Tenant! Occupant 120 Wynnwood Drive ,--- Carlisle, PA 17013 kn 4. ramino — ,!:. , AA ij 0 5. "- 4, l'' , t, ' F . 6. ;..t' p 3,1 ' ,,,, ,,F , . 14 Total Number of Pieces Listed by Sender Total Number of Pieces Received at Post Office Postmaster, Per (Name of receiving employee) PS Form 3877, June 2011 (Page 1 0( 2) Complete by Typewriter, Ink, or Ball Point Pen See Privacy Act State ent on Reverse HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEY LD. NO. 66287 298 Wissahickon Avenue North Wales, PA 19454 215-855-9521 RESURGENT CAPITAL SERVICES, LP, 55 Beattie Place, Suite 110, MS#001, Greenville, SC 29601, PLAINTIFF, v. LESLIE A. MANUEL AND GEORGE W. MANUEL a/k/a GEORGE W. MANUEL, III, 120 Wynnwood Drive, Carlisle, PA 17013, DEFENDANTS. Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 2014-1421 NOTICE OF THE DATE OF CONTINUED SHERIFF'S SALE The Sheriffs sale scheduled for 9/3/14 at 10:00 a.m. in the above -captioned matter has been continued until 12/3/2014 at 10:00 a.m. HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 298 Wissahickon Avenue North Wales, PA 19454 215-855-9521 RESURGENT CAPITAL SERVICES, LP, 55 Beattie Place, Suite 110, MS#001, Greenville, SC 29601, PLAINTIFF, v. LESLIE A. MANUEL AND GEORGE W. MANUEL a/k/a GEORGE W. MANUEL, III, 120 Wynnwood Drive, Carlisle, PA 17013, DEFENDANTS. Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 2014-1421 CERTIFICATE OF SERVICE I, Stephen M. Hladik, Esquire, hereby certify that I served a true and correct copy of the notice of the Date of Continued Sheriff's Sale by regular mail on September 2, 2014 on the person(s) listed below: Date: Leslie A. Manuel George W. Manuel a/k/a George W. Manuel, III 120 Wynnwood Drive Carlisle, PA 17013 Stephen M H a uire HLADIK, ONORATO & PEARLSTINE, LLP STEPHEN M. HLADIK, ESQUIRE ATTORNEY I.D. NO. 66287 298 Wissahickon Avenue North Wales, PA 19454 215-855-9521 RESURGENT CAPITAL SERVICES, LP, 55 Beattie Place, Suite 110, MS#001, Greenville, SC 29601, PLAINTIFF, v. LESLIE A. MANUEL AND GEORGE W. MANUEL a/k/a GEORGE W. MANUEL, III, 120 Wynnwood Drive, Carlisle, PA 17013, DEFENDANTS. Attorneys for Plaintiff COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PA NO: 2014-1421 CERTIFICATE OF FILING On this date, I filed with the Prothonotary of Cumberland a copy of the Notice of the Date of Continued Sheriffs Sale in the above -captioned matte Date: September 2, 2014 By: Stephen , squire Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY HOND WWF)CE OF ME SiiER PF 2[! f,; DEC -5 PH 3: Q J CUMBERLAND COUNTY PENNSYLVANIA Resurgent Capital Services, LP vs. Case Number Leslie Ann Manuel (et al.) 2014-1421 SHERIFF'S RETURN OF SERVICE 06/16/2014 05:54 PM - Deputy Shawn Harrison, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 120 Wynnwood Dr., N. Middleton, Carlisle, PA 17013, Cumberland County. 06/16/2014 05:54 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Leslie Manuel, wife, who accepted as "Adult Person in Charge" for George William Manuel at 120 Wynnwood Dr., N. Middleton, Carlisle, PA 17013, Cumberland County. 06/16/2014 05:54 PM - Deputy Shawn Harrison, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Leslie Ann Manuel at 120 Wynnwood Dr., N. Middleton, Carlisle, PA 17013, Cumberland County. 09/02/2014 As directed by Stephen M. Hladik, Attorney for the Plaintiff, Sheriffs Sale Continued to 12/3/2014 12/03/2014 As directed by Stephen M. Hladik, Attorney for the Plaintiff, Sheriffs Sale Continued to 1/7/2015 12/05/2014 Ronny R Anderson, Sheriff, being duly sworn according to law, states that this writ is returned "stayed", per letter of instruction from Attorney. SHERIFF COST: $653.06 SO ANSWERS, December 05, 2014 RONR ANDERSON, SHERIFF c) CouniyS i e S?iel .'TeleosdC Inc. LXIII 29 CUMBERLAND LAW JOURNAL 07/ 18/14 Writ No. 2014-1421 Civil RESURGENT CAPITAL SERVICES, LP vs. LESLIE ANN MANUEL Manuel George W. Manuel, III Atty.: Stephen M. Hladik ALL THAT CERTAIN tract or par- cel of land and premises, situate, lying and being in the Township of North Middleton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a steel pin on the Southern side of Wynwood Drive, said steel pin .being 235 feet in an Easterly direction from the Southeast comer of said Wynwood Drive and Pennsylvania State Highway Route No, 34; thence South 82 degrees 30 minutes East along said Southern side of said Wynwood Drive a dis- tance of 90 feet to a steel pin; thence South 7 degrees 30,minutes West a distance of 145,3 feet to a steel pin; thence South 65 degrees 58 minutes West a distance of 35,6 feet to a steel pin; thence South 87 degrees 28 minutes Westa distance of 60,7 feet to a steel pin; thence North 7 degrees 30 minutes East along the Eastern line of Lot No, 6 in the hereinafter mentioned Plan of Lots, a distance of 174,3 feet to a steel pin the Place of BEGINNING, BEING all of Lot No, 7 and the Western 30 feet of Lot No, 8 in the Plan of Lots known as Valley View Acres, said Plan of Lots being re- corded in the office of the Recorder of Deeds for Cumberland County in Plan Book No, 3, Page 114, BEING improved with a two story frame dwelling house known as No, 120 Wynwood Drive, BEING THE SAME PREMISES which Richard E, Wise and Opal L Wise by deed dated November 22, 2005 and recorded on November 23, 68 2005 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 272 Page 234, granted and conveyed unto Leslie A, Manuel and George W, Manuel, III, husband and wife, in fee, 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 11, July 18 and July 25, 2014 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. s Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 25 day of July, 2014 Notary COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO., CUMBERLAND CNTY My Commission Expires Apr 28, 2018 The Patriot -News Co. V1900 Patriot Drive Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 at patriotXtuis Now you know 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 Amy Kotula, being duly sworn according to law, deposes and says: That she is a Staff Accountant 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 1900 Patriot Drive, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot -News and The Sunday Patriot -News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot -News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. 2014-1421 CHI Term RES GENT APITAL RVICE LP vs. LES IE ANN MANUEL Manuel George W. Manuel, III Atty: Stephen M. Hladik _ ALL THAT CERTAIN tract or parcel of land and premises, situate. lying and being in the Township of North Middleton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a steel pin on the Southern side of Wynwood Drive, said steel pin being 235 feet in an Easterly direction from the Southeast comer of said Wynwood Drive and Pennsylvania Stale Highway Route No, 34; thence South 82 degrees 30 minutes East along said Southern side of said Wynwood Drive 8.distance of 90 feet to a stern in Thence South 7 degrees 30 minutes West a distance of 145,3 feet to a steel pin: thence South 65 deerrees..ift minntec Sworn to a This ad ran on the date(s) shown below: 07/13/14 bscribed before me this 20 day of August, 2014 A.D. No airy P COMMONWEALTH OF PENNSYLVANI;' NOTARIAL. SEAL. Sheryl Marie Leggore, Notary Public Hampden Twp., Cumberland County My Commission Expires July 16, 2018 EMBER, PENNSYLVANIA ASSOCIATION OF NOTARIES Elie PadaATMS Now you know 2020 Technology Parkway Mechanicsburg, PA (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL Date Description Sale # Size Rate Net Cost Of Ad 07/13/14 Sheriff Sale 1421 8.86 $14.29 $ 126.61 Notary Fee $5.00 Digital Penn Live Charge $ 18.62 TOTAL DUE FOR THIS SALE: JLC $ 150.23