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HomeMy WebLinkAbout14-2889 Supreme Court of Pennsylvania Court of Common Pleas For Prothonotary Vve Ontv: Civil Cover Sheet Docket No: Cumberland County1 � The information collected on this f01-117 is used solely for court administration purposes. This form does not supplement or replace the filing and service of pleadings or other papers as required by law or rules of court. Commencement of Action: SComplaint 0 Writ of Summons ❑ Petition Transfer from Another Jurisdiction ❑ Declaration of Taking E C Lead Plaintiff's Name: Lead Defendant's Name: T Northwest Consumer Discount Company Danny L. Raudabaugh Are money damages requested? El Yes El No Dollar Amount Requested: nx within arbitration limits (check one) Eloutside arbitration limits 0 N Is this a Class Action Suit? rl Yes El No Is this an MDJAPPeal? 0 Yes [D No A Name of Plaintiff/Appellant's Attorney: Peter J. O'Donnell El Check here if you have no attorney(are a Self-Represented (Pro Sel Litigant) Nature of the Case: Place an"X"to the left of the ONE case category that most accurately describes your PRIMARY CASE. If you are making more than one type of claim,check the one that you consider most important. TORT(do not include Mass Tort) CONTRACT(do not include Judgments) CIVIL APPEALS Intentional n Buyer Plaintiff Administrative Agencies Malicious Prosecution El Debt Collection:Credit Card El Board of Assessment E] Motor Vehicle E] Debt Collection:Other ❑ Board of Elections rl Nuisance Dept.of Transportation E] Premises Liability ❑ Statutory Appeal:Other S n Product Liability (does not include El Employment Dispute: E mass tort) Discrimination D Slander/Libel/Defamation El Employment Dispute:Other E3 Zoning Board ❑C El Other: Other: T I E] Other: o MASS TORT n Asbestos N [] Tobacco E] Toxic Tort-DES Toxic Tort-Implant REAL PROPERTY MISCELLANEOUS Toxic Waste n Ejectment [] Common Law/Statutory Arbitration B [3 Other: 0 Eminent Domain/Condemnation C] Declaratory Judgment D Ground Rent (7 Mandamus El Landlord/Tenant Dispute E3Non-DomesticRelations E Mortgage Foreclosure:Residential Restraining Order PROFESSIONAL LIABLITY E3 Mortgage Foreclosure: Commercial El Quo Warranto El Dental OPartition El Replevin El Legal E] Quiet Title 0 Other: [] Medical n Other: E] Other Professional: Updated 11112011 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff Civil Action No. a?d0 I of 2014 Vs. f- In Mortgage Foreclosure DANNY L. RAUDABAUGH and CARRIE L.RAUDABAUGH, rin ', Defendants NOTICE c > �" o You have been sued in Court. If you wish to defend against the claims setTbith in-the " following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 NIELSEN & O'DONNELL BMJ 3'-& L, (Y4,'L� Peter J. O' nnell (#23937) Attorneys for Plaintiff 15 South Wayne StreetC<D Lewistown, PA 17044 (717) 248-3911 a,�� I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff Civil Action No. of 2014 Vs. Mortgage Foreclosure DANNY L. RAUDABAUGH and CARRIE L. RAUDABAUGH, Defendants COMPLAINT 1. The Plaintiff is NORTHWEST CONSUMER DISCOUNT COMPANY (hereafter Plaintiff), a Pennsylvania corporation with offices at 223 Penrose Place, Carlisle, Pennsylvania 17013. 2. The Defendants, DANNY L. RAUDABAUGH and CARRIE L. RAUDABAUGH, husband and wife (hereafter Defendants), are adult individuals residing at 1149 Easy Road, Carlisle, Pennsylvania 17013. 3. The Defendants are the real owners of all that certain tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania (hereafter Real Estate), more fully described on the Schedule of Real Estate, which is attached hereto, marked Exhibit A and incorporated herein by reference thereto. 4. Real Estate is the principal residence of Defendants. 5. On November 24, 2000, Defendants made, executed and delivered to Plaintiff a Note (hereafter Note), evidencing their obligation to pay Plaintiff the sum of Twenty-five Thousand Seventy and 21/100 ($25,070.21) Dollars. A copy of Note is attached hereto, marked Exhibit B and incorporated herein by reference thereto. 6. On November 24, 2000, Defendants made, executed, acknowledged and delivered to Plaintiff a Mortgage (hereafter Mortgage) upon Real Estate as security for their aforesaid obligation. Mortgage is of record in the Office of the Recorder of Deeds for Cumberland County at Carlisle, Pennsylvania, in Record Book 1656, Page 422. A copy of Mortgage is attached hereto, marked Exhibit C and incorporated herein by reference thereto. 7. Mortgage has not been assigned. 8. By the filing of this action, Plaintiff seeks a judicial sale of Real Estate. 9. Defendants are in default under Note and Mortgage because they have not made the required monthly payments in full for the months of November of 2013 through and including April of 2014 and they have failed to pay late charges. 10. Defendants have been in default under Note and Mortgage for more than sixty (60) days. 11. On March 5, 2014, Plaintiff sent Defendants an Act 91 Notice by certified snail and by regular snail to their then last-known address. A copy of the Notice is attached hereto and marked Exhibit D. 12. The Notice referred to in Paragraph I 1 hereof sent by regular mail was received by Defendants. The Notice referred to in Paragraph 11 hereof sent by certified mail was refused by Defendants. Copies of the envelopes in which the aforesaid Notice was sent by certified snail, with the notation "REFUSED" thereon, are attached hereto and marked Exhibit E. 13. This action was commenced more than thirty (30) days after receipt of said Notices by Defendants. 14. By the commencement of this action, Plaintiff has exercised its option to declare the remaining unpaid balance of Defendants' aforesaid obligation immediately due and payable. 15. The following amounts are due Plaintiff under Note and Mortgage: The present unpaid balance of the aforesaid obligation, less a credit for unearned life and disability insurance premiums as of May 9, 2014 $21,945.10 Interest to May 9, 2014 1,132.45 Attorneys fees —which amount is deemed reasonable 1,500.00 Total $24,577.55 Plus interest of$8.49391 per day from May 9, 2014 WHEREFORE, Plaintiff demands judgment against Defendants in the sum of Twenty-four Thousand Five Hundred Seventy-seven and 55/100 ($24,577.55) Dollars, together with monthly additions thereto resulting from reduced credit for unearned life and disability insurance premiums and interest of$8.49391 per day from May 9, 2014, as well as the costs of this proceeding. Plaintiff further demands foreclosure of Mortgage and of Real Estate and requests that Real Estate be sold at a judicial sale. NIELSEN & O'DONNELL By Peter J. O' nnel (#23937) Attorneys for Plaintiff 15 South Wayne Street Lewistown, PA 17044 (717) 248-3911 DATE: May , 2014 VERIFICATION I, KARA KUBISIAK, Manager of NORTHWEST CONSUMER DISCOUNT COMPANY, being authorized to do so, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities.' MRKKUBISIAK DATE: May S , 2014 SCHEDULE OF REAL ESTATE ALL That certain tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Subdivision Plan of Lots for Paul L. McKeehan, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 33, Page 81, as follows: BEGINNING At a point in the center line of Township Road T-487, also known as Easy Road, said point being on the dividing line between Lots Nos. 16 and 17 on the aforesaid Subdivision Plan; thence along said dividing line by lands now or formerly of James Tush, North 85 degrees 18 minutes 14 seconds West 300 feet to a point; thence by land now or formerly of Paul L. McKeehan and Faye L. McKeehan, his wife, North 4 degrees 41 minutes 50 seconds East 150.07 feet to a point on the dividing line between Lots Nos. 17 and 18 on the aforesaid Subdivision Plan; thence by said dividing line, South 85 degrees 18 minutes 14 seconds East 300 feet to a point in the center line of Township Road No. T-487 aforesaid; thence by the center line of said Road, South 4 degrees 41 minutes 50 seconds West 150.70 feet to a point, the Place of BEGINNING. CONTAINING 45,021 square feet and being Lot No. 17 on the aforesaid Subdivision Plan. Parcel No. 14-05-0423-059 Exhibit A LENDER-PAYEE—SECURED PARTY BORRQWEp(S1 NAME AND ADDRESS NORTHII Fj q.J11�V$UMEF�PI COUNT CQ"-ANY RAUDAESAUGHf`QANNY L. AND CARR IE E. CARLISLE, PA 17013 ti. PO BOX 12, CARLISLE; W! 17013 220212 1i%�4/OCr Account No.: Oats: E [ANUAL FINANCE Amount Finant ed Total of Paymanu CENTAGE CHARGE YOUR PAYMENT SCHEDULE WILL BE: O TM amount of CreditTha amount you wet LL TTI done amount Provided to YOU df On 'nava paid sitar you VAYMEN Sr AMOUNT os►AY.ENT$ wNLNIAYT.A.1oat of your Ina Crede will cost your transit. he- ad.Pre pay.ase yearly rate. yW' menta as scheduled. O (e) (e) 1• 11 f. C 15.eel $ 24202 39 24324 $1 48526.80 O - - .(0)DESIGNATES AN ESTIMATE ,1 INSURANCE AGREEMENT I Credit life insurance and credit disability Insurance are not required to obtain credit,and will not be`provided unless you sign and agree to pay the N additional cost. _ DECREASING TERM TYPE (,ol PREMIUM SIGNA E Sin le Credit Llle $ 2009.14 .t/we went credit Joint Credit Life :life Insurance. SI Single Credit Disability ; .I/we want credit 2756.38 Joint Credit Dlsabilir ..., - Y disability Insurance. Wgn ur" - eture• You ce.from anyone you want may Obtain property Insurance. provided'the insurance com any Is acceptable to the sed-tor. If you get collateral goods insurance from or through the creditor,It will be for a term of_lj months and you will pay$ ( , NOTICE'OF PROPOSED(CREDIT)INSURANCE The Signers)of this contract hereby take(s)notice that group credit Ills Insure nce coverage and/or creditaccident end`health Insurance coverage will be applicable to this contract If so.marked on this.contract end;each such type of coverage will be written°by: . iR13TECTIVE LIFE INSURANCE COMPANY RAL£IGH, 'MC 27622 INSURER'S NAME ADDRESS This insurance,subject to acceptance by the Insurer coversonly.the person signing the request for such Insurance.The amount of charge is Indicated for each type of credit insurance to be purchased.The term of9nsurance will commence as of the data the Indebtedness Is Incurred and wilf.expire on the original scheduled maturity date of the indebtedness.Subjactto acceptance:by`the Insurer and wlthim30;tlays,there wI11 be delivered to-the insuretl debtor aQ I Iifleate of Insurance more fully describing the Insurence.In the Eventofprepayment of:thw ndebfedness,a refund of insurance charges will be made where due. . PROPERTY INSURANCE:Ifreal estate is securityforthistransaction;Borrowers agreetokeep the propertylnsured to Lendbes satisfaction.Borrowers may purchase such insurance through any insurance company or agent of their choice:.Borrowers are responsible for obtaining such Insurance.However;If Borrowers fail lo'keep the real property satisfactorily insured during the term of[his agreement,Borrowers hereby authorize Lander,it Lender's option,to purchase any required'Insurance. Lender mayeither request immediate reimbursement from Borrowers for the cost of such insurance or may add the insurance premfurnto the unpaid balance olthia agreement and charge Interoat thereon at the ANNUAL PERCENTAGE RATE set forth in the Note shall become additional indebtedness of Borrower secured by this Security Agreement. Security:You are giving a security interest In X `MEAL ESTATE LOCATED AT: 1149 EASY RDAD'CARLISLE CU#6ERLAND PA 17013 97 JEEP CHEROKE •VINN7146ZU 51IC564710 69 FORD VINIVNEU15HIKLA90206 Filing fees f—�2.7.50 Non-filing insurance S n. ffA Prepayment:If you pay off early you ❑may ©will not have to pay a penalty,.❑may© will not be-entitled to a refund of pan of the finance charge. Assumption:Someone buying your house mny,'subject loviinditlons,be allowed to assume the'remainderofthe mortgage on:the original terms. See your contract documents for any additional Information about nonpayment,default,any required repayment in lull before the scheduled date.and prepayment refunds and penalties. FEDERAL.RESERVEBOARD H+2—LOAN MODEL FORM Itemization of the H-3 Amount Financed Itemization'Model Form Amount Financed of$ 25070.21 $ 0 a'00'Personal Prop.Floater Ins,prem $ 2 OONotary.Fee 0.60 $ 0^0 Involuntary Unemployment Ins.Prem $.. '1437).0)Other LEBO AUTO $ Amount given to you directly $ 85.OU'Property Report Fee $ 5144.05 Amount paid on your account $ 0.00 Title Insurance Premium $ 0 a U0 $ 0.00 Real Estate Appraisal Fee $ 0.00 Amount paid to others on your behalf $ 16.00 Flood Determination Fee $ 0.00 $ 2009.14 Credit Life Insurance Premium $ O.00 Real Estate Survey Fee $ 19195.96 Total Other Charges $ 27 56.32 Credit Disability Insurance Prem. $ 127..SU Recording and Satisfaction Fee $ 24340.U 1.Amount Financed $ 0.00 Property Insurance Premium $ 0.0 Attome 730.2CI ys Fees $ Prepaid Finance Chargee NOTE SECONDARY MORTGAGE LOAN This agreement Is subject to the provisions of the Secondary Mortgage Loan Act- IN CONSIDERATION of a loan made by the above named Lander at its above office,In accordance with the Pennsylvania Secondary Mortgage Wan Act,the'undersigned Jointly and severally promise to pay to the order of said Lender at its above office the Amount Financed(Principal)above stated together with interest on unpaid Principal balances at the above stated rate(Annual Percentage Rale). Default after 15 days,a late charge of$20.00 or 10%of each payment,whichever Is higher,will be assessed:Payment shall be made in consecutive monthly installments as above indicated,time being of the essence,beginning on the stated due date for the first installment and continuing on the same day of each succeeding month to and including the stated due dale for the final installment. Payments shall be in the amount of installments shown above,otherwise the Final installment shall be equal to the unpaid principal plus interest accrued. Default in paying any installment shall,at the option of the holder hereofand without notice or demand,renderthe entire principal balance remaining unpaid hereunder logetherwith accrued charges at once due and payable.Allomeys fees and court costs may be chargedafterdefault if referred Yo an attorney note salaried employee of the lender, If not prohibited by law the undersigned and each of them do waive the right and benefit of any law of Pennsylvania or any other Stale exempting property,real or personal,from sale, and if levy be made on real estate do also waive the right of inquisilion and consent to the condemnation thereof with full liberty to sell the some on a fled(atlas,with release of errors thereon: do also waive and release insofar as they may all relief from ell apprelsement,stay of exemption laws orPennsylvanie or any State now or hereafter in force. Any judgment entered hereon or any prior note for whichAls bole is in whole or In part madlalely or immediately;a renewal shall be security for the payment hereof and of any future nolo which is In whole or in part mediately or Immediately a renewal hereof. Each maker,co•maker,endorser,guarantor,surety or other party horeto waives notice of demand,default;protest?and'nobice of protest and nonspayment.and further consents that the holder hereof may grant exlens[on or extensions of time without notice to and without release from liability to any of them.The acceptance by the holder hereof of any payment,partial payment,charges or fees as herein reserved;after a defaull In the same,shell not be considered as a waiver of the right to enforce payment of all subsequent installments pursuant to the terms hereof,when and as thesomeshall become.due;.or.otthe.right.lot.enforceeny,oftheiconditions of:thls.agreemant;.- 11 In accordance with.Ihe provisions of the Secondary Mortgage Loan Act of Pennsylvania a'statement of said loan has been delivered to and receipt thereof is hereby acknowledged by the undersigned.Plural words contained In the note shell be construed in the singular as the context'may require'and the construction,validity and effect hereof shall be governed by the laws o!Pennsylvania. ... ... -AII Payments made hereon shelf be applied frist�totnlereat to'dete of peymenland theterneIn,brthen toprinc1 1.. -- - - Exhibit B ", - _SECUKITY A17KCEMCN r -- - - This loan and.alf other sums due under the Note,'the Mortgage and I dr 6cudiyAgreemeol.arescoured by.a morigage oa red estated95orlbed below'.(the"Premises wliichtseouritjr. .interest.May aged.ager-acquired_propertymthe Tormo1sub sequentecoeesions addlfldoa.Imprpvemenls,and epalnrtothe.Premisesand.therentsandprofiIsTrorn-the Premises end* . condemnation proceeda;af any This.AAortgege will•cover fulureloans made to 8orrower;by CenBer ADDRESS 1'149 F4,V;::13a4D- - CITV.ORMUNICIPALITY CARLISLE 'COl1NTY 'CUhSCjF1.LAD ,,STATE P -17 A, 01? .ZIP. Lender has the right to apply.the.proceeds-of and/or any refunds of:.unearned!premiums.otibsurancd financedcbr required fiereunde;to the paymenl'orfha.unpaid balance of Borrowers'indebtedness. -SECURRY AGREEMENT To secure the ayment or this laag which is evldenced'by thejNofe abov$apd all olh2r amounts due under the Note the Mprtgage'and the�Security;AgreeinenU and any future loaosto Borrower by lender,Bo'r`row`er hereb4r3'r tsto'el�earsec"vrit jfnYetes1 untlert�Ne:fve`npAyly(lfa Uniforrrj Commerual Code m�the properly described below The following described motor vehicle(s)together with all accessions,additions,improvements and reOarrs. MAKE COLOR ..._... $ERfAL.NO .,.;_BODY;SLVLE MODCL YEAR -..,,OTHER.IDENTIFICATION; .. All aorrowe I ral:poods of every kinds now located_laor a - e, ise a I._aeaddressaboye stated asjperml ;a e an a e[al laws,.orat;the address o, it a r.... ;,. may 6e.herealler'.ramoved. REAP_ ESTATE LOCATED ATe11/f9-EASY• ROAD CARLISLE PA 17013 1997 JEEP CHEROKEE LARADO & 1959 FORD BRONCO Other proper ty:now owned by.Borrowers;ag.foltows-and;loddi ed aLthe alcove address.:unfess;oth'erwise indicated: Proceeds of the collateral specified above are also covered;however.this shall not be construed to mean that the Lender consents to any sate of any of such collateral. BORROWER(S)UNDERSTAND AND AGREE THATALL;OFTHE ADDITIONAL'TERMS.-ON-THE REVERSE SIDE HEREOF-AREA PARTOFTHE SEC.URI.TY.AGREEMENT,:HEREOF;AND:;ARE INCORPORATED=HEREIN;BV REF•ERE:NCE.c a: I.ACKNO.WLEOGE RECEIVING A.COMPLETELY FILLED iN COPT;OF THIS CONTRACT ONaTHE.`DATE OF THIS LOAN AND OEFTAINING DISCLOSURE OF THE,TERMS OF THE LOAN PRIOR T0_,t QN UM'° F�TrItA.UAN TRAN now-T� fdICH I RELATE IN WI'T1�FCS.WHERE the eisigned have Yle`reunlo set they nos and se s the day and a J'slab a flan --t WitnesslVUI�L �, 111111 r, • ... .... ..... .. ...........{SEAL) J✓""'. ...C..L .......!�'.................... Grl.'C!'4G.�!.' ...... ...* ..... ....................ISEALL_ - 4'i............... (SEAL) ................................................ ::.'..,......•(SEAL) Rev.13198 .,. 'NOTICE:SEE REVERSE'SIDE FOR IMPORTANT INFORMATION . . ORIGINAL s 39 eo if t',rj �V, _ S r CJS �t 1.i C.C(� F..� i' D C01 t� CITY - Pup D -i--t 0 E 4 w E-4 o � N � W T Z m o o E a" MORTGAGE THIS MORTGAGE ("Security Instrument") is given on .....NOVWER.24.......................................... . ....20.00.. . The mortgagor is .....DANNY•L.-•RA10DABAI=..AND•CAIMIE..L...EAIIDARWGH........................... ..................................................... ("Borrower"). This Security Instrument is given to ...NORTHWEST........... •••••••••GONSI M R•DISCOfIN•T••COMPANY••••••••• •••••••••••••'• , which is organized and existing under the laws of ....OQMMONWEAT.TH.,QF..PENNSYLV.ARTA..... , and whose address is .223..PENBOSE.PLACE..... ..........:....................CARLISLE•PA•.17-1113......................................................................... ("Lender"). Borrower owes Lender the principal sum of .TWENTY••FINE••THOUSAND.SEVENTY..DQLLARS.AND.................... ....TWF.NTY..ONE..CENTS.............. Dollars (U.S. $ ....250.7A.21..:...). This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on .......NRPENEER.30.,..20.>10..................................... . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note;(b)the payment of all other sums,with interest,advanced under paragraph 7 to protect the security of this Security Instrument; and(c)the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose,Borrower does hereby mortgage,grant and convey to Lender the following described property located in ..................C.MEQ,irk`T�......................................................................... County, Pennsylvania: ALL that certain tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Subdivision Plan of Lots for Paul L. McKeehan, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 33, Page 81, as follows: BEGINNING at a point in the center line of Township Road T-487, also known as Easy Road, said point being on the dividing line between Lots Nos. 16 and 17 on the aforesaid Subdivision Plan; thence along said dividing line by land now or formerly of James Tush, North 85 degrees 18 minutes 14 seconds West 300 feet to a point; thence by land now or formerly of Paul L. McKeehan and Faye L. McKeehan, his wife, North 4 degrees 41 minutes 50 seconds East 150.07 feet to a point on the dividing line between Lots Nos. 17 and 18 on the aforesaid Subdivision Plan; thence by said dividing line, South 85 degrees 18 minutes 14 seconds East 300 feet to a point in the center line of Township Road No. T-487 aforesaid; thence by the center line of said Road, South 4 degrees 41 minutes 50 seconds West 150.07 feet to a_point, the Place of BEGINNING. PENNSYLVANIA—Single Family—Fannie Ma�idle Mac UNIFORM INSTRUMENT F�3039 9/90 X (page I qf6 pages) 35-01-1916 C which has the address of ....1149..EASY.ROAD........................................ . ....... ..................... , [Street] [City] Pennsylvania ......1.7013•••••••••••••••••••• ("Property Address"); [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered,except for encumbrances of record. Borrower warrants and will defend generally the title,to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest;Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a)yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b)yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These " items-are called-"Escrow=Items:"Lender-ma"y,-at_an-y-time,-fcollect,and_hold Funds in an amount,not to exceed the a maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the"federal"Rea l- Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow ' account,or verifying the Escrow Items,unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan,unless applicable law provides otherwise.Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to.pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower,without charge,an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made.The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law,Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case Pou 6�6 PAG ,423 Form 3039 9/90 X (page 2 of 6 pages) Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in ho more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly,Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender; (b)contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subor- dinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy-the lien or take.,one or more.of the actions set lortli above.within 10 days_of_the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld.If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires,Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim,then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days _ after the execution of this Security Instrument and shall continue to occupy the Property as Borrowef'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. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower,during the loan application process,gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. 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. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument,or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's F 3039 9/90 X (page 3 of 6 pages) Boa_1656PAG>r .424 actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable,with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect,Borrower shall pay the premiums required.to obtain coverage substantially equivalent to 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 approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages,direct or consequential, in connection with any condemnation or other taking of any part of the Property,or for conveyance in lieu of condemnation,are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property,the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured im- mediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise pro- vides, the proceeds shall be appliedto the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, afternotice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of such payments. 11. 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 any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security.Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising_any right or remedy shall not be a waiver of or preclude the exercise of any right' -r remedy.'" 12. Successors and Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a)is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and(c)agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the 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 under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by (� 000 lup,536 PAGE A25 Form 3039 9/90 X (page 4 of pages) first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph: 15. Governing Law; Severability. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument 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 the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred(or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However,this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period,--Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall-have'the right-to have -. enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days(or such other period as applicable law may specify for reinstatement)before sale of the Property pursuant to any power of sale-contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions afe/that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no-accelerii on had occurred; (b)cures any default of any other covenants or agreements; (c)pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security In- strument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. 19. Sale of Note;Change of Loan Servicer. The Note or a partial interest in the Note(together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change,in.accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, 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. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal.or other remediation.of any-Hazardous Substance.affecting the Property is necessary, - -. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances"are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 20, "Environmental Law"means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. 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 paragraph 17 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 must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument,forclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the 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 in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. �_ .42f; F 3039 9/90 X (page 5 of pages) RNIR 11.56.1 P 22. Release. Upon payment of(~ams secured by this Security Instrument, this�larity Instrument and the estate conveyed shall terminate and become void.-After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in pro- ceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage.If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the 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. 27. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s)were a part of this Security Instrument. [Check applicable box(es)] ❑ Adjustable Rate Rider ❑ Condominium Rider ❑ 1-4 Family Rider ❑ Graduated Payment Rider ❑ Planned Unit Development Rider ❑ Biweekly Payment Rider ❑ Balloon Rider ❑ Rate Improvement Rider ❑ Second Home Rider ❑ Other(s) [specify]- BY specify]BY SIGNING BELOW,Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. sses: '.............:..:..... �tJ......................... ...... ...................(Seal) —Borrower �.�� Soc' 1 Security Numb r....... .... ......... ....................... ..... ................... :. . ............. `"�J ........ �� . .............(Seal) —Borrower Social Security Number............................................... COMMONWEALTH OF PENNSYLVANIA. ....................: .' .� A ^� ................. County ss: On this,the....I .......day of..........J.V.! .5� !Lt�J................... OU .,before Cgeg��Q.-r.... i the undersigned officer,personallyappeared .....11-N .Y.......�r.... .. : ' �� 4. ......�...... ...... .............. ...pp .. .. ....... ............... 1`� fj ? known t Q proven)to be the persons......whose name. 4.. ........subscribed to the within instrument an a i,..............executed the same for the purposes herein contained. IN WITNESS WHEREOF,I hereunto set my hand and official sea �/ .�' •a.H•�0.' +a' 1 �'r. M Commission expires: Notarial Seal .... ... r................... ..../.. . Charles D.Gallagher,Notary Public F • q � j Carlisle BOro,Cumberland County nA� Q `f My Commission Expires July 9,2002 �. `�r`� :: i ''" ...... Title of Officer ry` Member,Pennsylvania Association of Notaries I certify that the precise place of business of the within named Mortgagee is .....223..PEIaROSE,.PJ AQE......... .........................................................CART ISL E..PA...l.7.1�)<3�.... t • Y�S� 3 yY..t .A.f�''`�}.f lid' J� ,cE 4'. RECORDED i h ce for Recording of Deeds ar in Mortgage oo m........No. ... -'...............Page ... :::....:......! �Mr Date ....... ....................................... Recorder ................................................. K�y^y�, .�♦ i a `. ".MTM r f r t � BOOK 1.6- PAGE A*27 Form 3039"x' �`����s�� -'Customer Name- Raudabaugh,.Manny'L. &Carrie E. To be attached to,report.'nurrf T819641 Schedule"N' 'Legal'Descipti "� ' ALL 'that certain 'tract of d situate in Lower Frankford Tom hip, Cumberland `rjurty, Pennsylvania, bounded and described in accordantb� vlth a. Subdivision Plan of ,,ots for Paul L. McKeehan, as recorded in the Office of the Recorder of Deas s for Cumberland County in Plan Book 33, Page 81, as follows., BEGINNING at, a laoint in the center line of Township Road T-487, also known'as E,c-, y Raa,,l, said point (!.tieing.on the dividing line between Lots Nos. 18 and 17 arra fi-)e aforesaid Subdivision' Flan; thence along said dividing wine by land now or formerly of James Tush, North 85 degrees 18 minutes 14 seconds gest 300 feet to a paint; thence by land now or formerly of Paul L. McKeehan and Faye L. Mu.:Keef'ian, his wife, North 4 degrees 41 minutes 50 seconds East '150.07 feet to a point on the dividing line between Lots Nos. 17 and 18 on the aforesaid Subdivision (~Tani thence by said dividing Une, South 85 € egrees 18 minutes 14 seconds East-, 300 feet to a point: fig the center line of Township Road No. T-487 aforesaid, thence by the center line of said Road, South 4 degrees 41 rninutes 5 sF;,.c,o ids tf'fest '150.07 -feet to a prim the Place of BEGINNING, tM,.3N €'AlNHNG 4.5,021 square feetand being Lot No, 17 on the aforesaid Suhdivisk') 'i Plan, 1+I?. F.f 1, 1�7"V '-Vc:R, to the following building and cage restrictions and conditions with which the Grantees, for themselves, their heirs and assigns, agree to comply key the acceptance of this. deed: 1. Said tractsnail Ise i� ed�f�t" resia�eriti ri'�i� se's-orft}�' - - 2 '-do buildings or portions thereof shall be erected within 55 feet: from the renter ,v�jnship Road No. 5-487; or %within 10 feet frorn any of the remaining lot lines. trailers and mobile homes shall be neither permitted nor maintained on said 101. r 4. Any dwelling' house erected on said lot shall have a minimum value of $20,000.00, excluding land costs,, based upon 1971 values. E. No animals or fowl shall be kept or maintained on said lot, e>.,cept 110Lis:ehon d pets,. PARCEL NO. 14-05-0423-059 id (Rev.412008) APPENDIX A Date: March 5,2014 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE* This is an official notice that the'mortaage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in-the attached gapes. The IiOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM HEMIAP may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, vou-must.MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF TFIE DATE OF THIS NOTICE. Take this Notice with vou when vou meet with the Counseling Agency. The name address and phone number of Consumer Credit Counseling A envies serving our County are listed at the end of this Notice. if". u have any questions,you may call the Pennsvlvania.Housi.nn Finance Agency to)] free it]-800-342-2397 (Persons with impaired hearing can call-(717) 780-1:869), This Notice contains important.legal information,. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you Find a lawyer. LA NOTIFICACION EN ADJUN,ro ES DE SUMA I.MPORTANCIA., PUSS A.FECTA SU DERECHO A CONTINUAR VIVIENDO .EN SU .CASA. SI NO .COMPRENDE EL CONTENIDO DI,' ESTA NOTIFICACIUN OBT'ENGA UNA rRADUCCI6N INMEDIATAM'ENTE LLAMA.NDO F:STA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS Al, NUMERO .MENCIONADO ARRIBA. PUEDE SER ELEGIBLE PARA UN PI'd-STAMO POR EL PROGRAMA. LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSIST'A.NCE PROGRAM" EL., C'UAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A R.EDIMIR SU HIPOTECA. * (Must:be at:least 30 point type) Page 1.of 5 Exhibit D HOMEOWNER'S NAME(S): Danny L Raudabaugh Carrie R Raudabaugh PROPER-rY ADDR E&S: 1149 Easy Road Carlisle,Pa 17013 LOAN ACC T.NO.: 492-189228.2 _611GINAL:LENDER: Northwest Consumer Discount Company CURRENT LENDER/SERYICER: Northwest Consumer Discount Company HOMEOWNER'S EMERGIENCY MORTGAGE ASSISTANCE PROGRAM YOU MAYBE ELIGIBLE FOR FINANCIAL, ASSIS'T'ANCE WHICH CAN SAVE YOUR HO.iV E FRONT FORECLOSURE AND HELP YOU MAKE FU.'1'URE MORTGAGE PAYMENTS IF YOU C_Oh'[RLY WITH THF. PROVISIONS OFT-1-IF HOMEOWNER'S-EMERGENCY MORT11.AC E. ASSIS'I'ANCI;: ACT OF 1983(THE"ACT"),YOU MAY BE:ELIGIBLE FOR EMERGENCY MORTGAGE.ASSISTANCE:: s IF YOUR DEFAULT HAS I31::E N CAOSED 13Y CIRCUMSTANCES BEYOND YOUR CON"TROLL • IFYOU HAVE:A REASONABLE PROSPECT OF BEING ABLE TO'PAY YOUR MORTGAGE PAVME:N'F'S.ANSI • 1F YOU MEED I'OTHER EL1(.;1111LITY REQUIREMEN'T'S ESTABLISH ED BY Ell ENNSYLVANIA li{)USCN(, FINANCE:AGENCY. TEMPORARY S'T'AY OF FORECLOSURE Under the Act, you arc entitled to a temporary stay of foreelosrrre on your mortgage for thirty (30) days from (lie date of this Notice (plus three (3) days for mailing). During that time you must arrange and attend a"face-to-face"meeting with one of the consumer credit:counseling agencies listed at the card of this Notice. THIS MEETING. MUST_OCCUR WITHIN THIRTY-THREE (33) DAYS O.F THE 13.4'1'1: OF THIS NO'T'ICE.. IF YOU DO NOT APPLY FUR 13ML RGENCY MOR"I'GAGE ,INSIST-AN(,'�."1'OU mtj.s"�f.I3ltlNG YOUR 1= IS .P . MORTGAGE UP "1-0 DA"r . THART OF THIS NOTIC".I.; CAL -ED "HOW TO CURE.' YOUR MORT(JAGE DEFA TA'", EXPLAINS HOW TO BRING YOU1Z MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES--If.you meet.with one of'tile consumer credit counseling agency listed at the cnd of this notice, the lender may NOT.take action against you for thirty (3U) day, after the date of this meeting. Thi namesyade'fresses and tele hone ntrmbers of',desiLynated consumer-credit counselin agcncics (i)r tlx roluij in which the 1)Loperoyjs located are set forth at the end of this Notice. it is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. Ai'PLICATION FOR MORTGAGE ASSISTANCE-- Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) You have the right to apply Rrr financial assistance from the Homeowner's Emergency Mortgage Assistance Program, To do so: you must fill out, sign and rile a completed Homeowner's Emergency Assistance Program .Application With one of the designated consumer credit counseling; agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To temporarily stop the lenda,from filing a foreclosure action, your application MUST be forwarded to PHFA and received within thirty(36)days of your face-to_liace meeting with the counseling agency YOU SHOULD t`ILE A HEMAP APPLICATION AS SOON AS POSSIBLE. * YOU HAVE' A M1 ETINC; \\'I'tll A COUNSI,i..ING AGENCY WITHIN 33 DAYS O1'IIIF POS"1:MARh DATE: OF THIS NOTICE- &t� FILE AN APP . CA fl ON WITH 11I11"A Wl"fIFIN 30 DAYS OF THAT MEL;TING,-I'I-El:N'1'Ht-I,i3Nl)L:R WILL BE"TEMPORARILY PIZFIN I NTi.'D FROk.1 S'T'AR'T'ING; A FORECLOSURE AGAINST YOUR PROPERTY, AS EXPLAINED .ABOVE, IN THE SI1-'PION CALLED "TEMPORARY STAY CII'FORE?CLOSURF YOU HAVE 1"t,1F ItIf -Cl: {1 HI MAI?nPl'1AC_ATION._,f_'_VEN l3I-.,yf lf) Tltt3SI�f1Mt .-PEiR1C)I�S. A I.r1'ft- APPLICATION WILL NOT. PRt3VENT THE LENDER FROM S'T'ARTING A FORECLOSURE ACTION. BUT IF YOUR APPLICATION IS EVENTUALLY APPROVED AT ANYTIME EIFT'ORF A SHERIFF'S SAL11,111E P0RI_CI.OSURI.,WII.I. 131: STOPPED, Page 2.of 5 r , AGENCY ACHON -- Available funds fpr emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania.Housing Finance Agertcy has sixty(6 days to.malce a decision after it receives your application. I.)uring that time, no foreclosure proceedings will be pursued against you if you have met. the time requirements set for(h above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY"I'llF FILING OF A i,,E,rrrtON IN BANK 13UPTC*V..TI1F, FOLLOWING PART OF THIS NO'T'ICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT IIF: �..__._.___...._._._. a rileSIAF:It up cy ou anstil19PT yf +COLLECT"t`o Mortgage ;S`.I'. (Ifyou.Ir:tvC filed bankruptcy You rstn still ttpi:IJP for E;mc�rgc:nek`i49E)3�t�:agr Assist.ince,) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE: OF TtIF DEFAULT—The MORT`GAG.Ei debt held by the above lender on your property located at: 11+18 Easy Road_ Carlisle, Pa 17U'13 .... ...,.__...................................................................................._ ... _...__........._..............._...._...._.__.._.__.__._...... _.._....__._...._....._.._....._......._,...._., ............_.......--------........_........._._..._................ ....... . IS SERIOUSLY IN I)E AUL'T'because: A. 'YOU HAVE NOT MADE MONTHLY MORTGAGE' PAYMENTS for the following months and the following. amounts are now past due: November 2013,December 2013,January 2014 and February 2014 totaling$1,400.00 ..................._.................._..... _... w. ..,.........._......................_..........,._,._ ._.__......................_.._.........._...........................................,_.. .............._..::....._._...................... . _.__..................................................................................... ...... Other charges(explain/iternize): :Late charges due in the amount of$105.00 _._................. .-.........._._..........__..........._.,....__._..._.__.........._.............._.............._,..._... .._.._..,...................................................... ................ ..............._......._m..... ......................................._.............._.............._............................................. TOTAL,:�lNiO(1N'I`PAS`I` DUE: $1,sos.ao B. YOU HAVE I"AILF',I)TO TAKE THE FOLLOWING ACTION (C7cl,.ltUttlss if not a�rsl.icr hfc,}: HOW TO CURE THE DEFAULT --You may cure the: default within THIRTY (30) DAYS of the date of this notice: BY PAYING; THE `I`OTAL AMOUNT PAST DUE TO '[`III" LENDER, WHICEI IS S 1.605.00 JILUS ANY MORTGAG PAYMENTS ANi)LATE` CHARGFS WTII( Ei t3l:C0MF D1) IltJltti+t.{i l ICEi.i'1Tllt"C'Y (.i{)) I.)AY 1'FRI01), flay;meats must_be made:either.by_c3sh..casliicr's ctgjck_Nrtiticcl_check or moiicti...order,_inucic...pavable and sent to: Northwest Consumer Discount Company.._.........._.............._.........._._.... .._...,.._.,....__... __......__._........._W....._......._. _.. 5223 Penrose Palace(P.O.Box 670),_.__._.__,_._ ....................................I..............,._.. Carlisle,Pa17013 You can cure any other default by taking the following action within `111IRTY{30) DAYS of the date oil this letter: (Do not use if not pnp ic.abe:.) flage 3 of IF YOU DO NO'T CURE TH DEFAU1;F-=lf you do not cure the default within THIRTY (30) DAYS of the date of this Noticc, the lender intends.to.exercise its rights to acceleratr the rnorttat,e debt. This means that. the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its-attorneys to start legal action to foreclose.upon your mortgaged property. IF THE (MORTGAGE IS FORECLOSED UPON -- 'rho mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender rei:crs your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you,you will still be required to pay the reasonable atLorney's fees that were actually incurred, up to 550.00. However, if legal proceedings.are started against you,you will have to pay all reasonable attorney's fees actually incurred by [tic lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include otherreasonable costs.. If you cure the default within the"THIRTY(30) DAY period, you will not he required to pay attorney's fees. OTHER LENDER REMEDIES—The lender may also sue you personally for the unpaid principal balance and all other sums Clue under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR 'TO SIfERiIFF'S SALE ---If you have not cured the default within the TIiIR'IY (30) DAY period and foreclosure proceedings have begun, you still have the right_tg_cure the default and Prcvcnt.thesale at any t� ince-up to one hour before the Sheriff's Sale. You may do so by naYint~the total amount then past due,plus any late or other charges then due, reasonable auarney s.fees and costs connected with.the foreclosure sale and ,M.-other costs connected with the Sheriffs Sale as specified in writing by the lender andel by perfotmint, any other requirements _under the titortt sae. Curing your default in the mariner set forth in this notice will restore your mortgage to the same position[ as if you had never defaulted: EARLIEST POSSIBLIR SHERIFF'S SAI.E DAT -- It is estimated that file earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 3 months tion[[ the date of this Notice. A notice of the actual date of the Shcrifrs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW'TOCON"TAC f"THF LENDER: Name of Lender: Northwest Consumer Discount Company AddressPenrose Place ox Carlisle,Pa 17013 Phone Number: 724-249-1)722 Fax Number: 717-249-9622 Contact Person: Kara Kubisiak E-1Tait:fiddress:__kkubis1akt5.nwsbcoro.corn EFFECT OF SHERIFF'S SALIN`. — You should realize that a Sheriffs Sale will end your ownership of the mora abed property and your right to occupy it. If you continue to live its the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other belongingscould be started by the lender at any time. ASSUMPTION OF MORTGAGE -- You may or �_ may not (CHECK ONF)sell or transfer your home, to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments,charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage tire satisfied. Page 4 of 5 YOU MAY AI..SO HAVE 711E RIGHT: • TO SELLTHE PROPERTY TO OBTAIN MONEY TO PAY OFF '1"HCi MORTGAGE' D113'T' OR TO BORROW MONEY FROM ANOTIiER LE:NDTNQ INSTITUTION TO PAY OFF TEAS DT?I3'T'. • TO HAVETHIS DEF"AUL"T'CURh.D 13Y:ANY 1141RD PARTY ACTING ON YOUR BET-IALF. • TO HAVE THf' ;G9(JR'EC.irlCil: T2i S'T'OR1i:T)'1`(a"T'TTia SAME POSITION AS 1F NO DEI-A111.'T' ITAD OCCUR.R.1:1.), IF YOU C"UR.E?THEA DEFAULT, (HOWEVER. YOU DO NOT HAVETHIS RIGHTTO CURI? YOUR.I)I FAU1...F MORE]HAN 11IR1:1;'I'IMIiS IN ANY CAI:T;NDAR Yl:-,AR,) • TO ASSERT TEII, NC.),NE:)ilS'1'1 NCT OF A DEFAULT_IN ANY T'OREsC LOSURIs PROC 11*4DING OR ANY OTI-II::R LAWSY.i T TNSTI TUTC D UNDT.;R MORTGAGE DOCOME:NTS, • TO ASSERT ANY OTHFR DEFENSE. YOU BEI:II V1;i YOU MAY HAVE' TO SUCH ACTION 13Y' THI: LENDER, + TO SEEK PROTECTION I NDI R T}TI:?FEDERAL BANKRUPTCY LAW, CONSUMER CREDIT COUNSELING AGENCIES:SERVING YOUR COLj'N'1'Y (gill in a list of all(7t)unselinf,Aoencies listed iir Appendix C FOR 711E COUNTY iii which the prone r(t,is local d, itsing additional pages if necessitry). Fair Housing Council of the Capital Region, Inc 2100 North 6th Street Harrisburg,Pa 17110 Phone Number: 717-238-9540 Advantage Credit Counseling Service 2000 Lingle.stown Road Harrisburg, Pa 17110 Phone Number: 888.511-2227 Housing Alliance Of York 290 West Market Street York, Pa 17401 Phone Number: 717-855-2752 Page 5 of 5 P.O_ Box 1030 Butter,PA 16000 ADDRESS SERVICE REQUESTED 7013 1090 ODa1 5096 2688 } Carrie E Raudabaugh 1 P.O.Box 1275 n� ;•- .�. i Carlisle,Pa 17013 A• ,' MixiY- 176 DE i669 uA 6.7 i_i j1.4 RETURN TO SENDER REFUSED v _ - UhArs L.E TO f uKriAdD _rn hh ^ _2.2acZ70 : Sc: ?599319?93p *9cga_95956-6JS-49 }^` 16993401636 I=I'll I�la{Itt;h..��.dl=...I{il..���llell�e.�ll.11..,..{i.l U (t P.O. Box 1030 LTJ Butler,PA 16003 v u^ ADDRESS SERVICE REQUESTED o � 7013 1090 OUD1 5096 2671 o u m t _ Danny L Raudabau h r P.O.Box 1275 4�'Nv. y4Carlisle,Pa 17013 kETURN TO SENDER RZrUSED N JNA'ri-E TV FUR WARD n � i i133:�%-`� e��i 3C: ��ggn�a3gas► •9'549-4E944-95-49 16883 0123 6 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff Civil Action No.iRlof 2014 Vs. = In Mortgage Foreclosure DANNY L. RAUDABAUGH and CARRIE L. c� CE RAUDABAUGH, : Defendants NOTICE OF RESIDENTIAL MORTGAGE FORECLOSUIRk 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 that 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,jou 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 TI-IIS NOTICE. THIS PROGRAM IS FREE. Respectfully submitted: 1tilay 12, 2014 NIELSEN & O'DONNELL Date BY eter J. O'D ell (#2.13 Attorneys for Plaintiff Cumberland County Residential Mortgage Foreclosure Diversion Program Date Financial Worksheet 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 knowledg7e - CUSTOMER/PRIMARY APPLICANT Borrower name(s): Property Address: City: State: Zip: Is the property for sale? Yes ❑ No ❑ Listing date: Price: $ Realtor Name: Realtor Phone: Borrower Occupied? Yes ❑ No ❑ Mailing Address (if different): City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? CO-BORROWER" Mailing Address: City: State: Zip: Phone Numbers: Home: Office: Cell: Other: Email: #of people in household: How long? INFORMATIONFINANCIAL 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&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& attornev: 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 Monthiv Income Name of Employers: 1. 2. 3. I Additional Income Description(not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthiv Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT M orteage Food 2° Mort aoe Utilities Car Payment(s)) CondotNei h. Fees Auto Insurance Med.(not covered) Auto fuel/repairs Otherprop. a ment Install.Loan Pavment Cable TV Child Su ort/Alim. Spending Mone Day/Child Care/Tuit. Other Expenses ` Amount Available for Monthly Mortgage:Payments Based on Income& Expenses: Have you been working with a Housing Counseling Agency? Yes ❑ No ❑ If yes,please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: i ...................__............. j Email: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ❑ No ❑ 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? Yes ❑ No ❑ If yes,please indicate the status of those negotiations: 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 Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: V Proof of income Past 2 bank statements Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation -r (hardship letter) Y Listing agreement(if property is currently on the market) ..................................__....._........_.. FORM 3 IN THE COURT OF COMMON PLEAS OF Plaintiff(s) CUMBERLAND COUNTY, PENNSYLVANIA vs. 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: il 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; i 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 false 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 Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY CF€.iCE OF THE SHERIFF aPRt! 1 1 i'ONlO Th ' HAY 20 PH 3: t CUMBERLAND COUNTY PENNSYLVANIA t Northwest Consumer Discount Company vs. Danny L Raudabaugh (et al.) Case Number 2014-2889 SHERIFF'S RETURN OF SERVICE 05/15/2014 11:23 AM - Deputy Dennis Fry, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Angela Sawka, daughter, who accepted as "Adult Person in Charge" for Carrie E Raudabaugh at 1149 Easy Road, Lower Frankford, Carlisle, PA 17013. 05/15/2014 11:23 AM - Deputy Dennis Fry, being duly sworn according to law, served the requested Notice of Residential Mortgage Foreclosure Diversion Program and Complaint in Mortgage Foreclosure by handing a true copy to a person representing themselves to be Angela Sawka, daughter, who accepted as "Adult Person in Charge" for Danny L Raudabaugh at 1149 Easy Road, Lower Frankford, Carlisle, PA 17013. SHERIFF COST: $51.27 SO ANSWERS, May 16, 2014 (c) CountySuite Sherif(: Teleosofi, Inc. RONR ANDERSON, SHERIFF IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff Civil Action No. 2889 of 2014 Vs. Mortgage Foreclosure DANNY L. RAUDABAUGH and CARRIE L. RAUDABAUGH, Defendants MOTION FOR LEAVE OF COURT TO AMEND COMPLAINT cf,i C i —C --1 r:� �Q -v nn The Motion of NORTHWEST CONSUMER DISCOUNT COMPOY 3 (hereafter Plaintiff) is brought by its attorney, Peter J. O'Donnell, pursuant to Pa.R.C.P. No. 1033, and respectfully represents that: 1. This is an action of mortgage foreclosure, commenced by Complaint filed on May 13, 2014. 2. The Complaint was served on DANNY L. RAUDABAUGH and CARRIE L. RAUDABAUGH (hereafter Defendants) by the Cumberland County Sheriff on May 15, 2014. 3. The real estate which is the subject of this action is located at 1149 Easy Road, Carlisle, Pennsylvania 17013 and is the primary residence of the Defendants. 4. The Complaint served on Defendants included the Notice of Residential Mortgage Foreclosure Diversion Program and Financial Work Sheet, required by this Court's Administrative Order of February 28, 2012, which was in effect until June 30, 2014. ---t -- ---t G) 3m 1J 5. Defendants did not file a Request for Conciliation Conference within sixty (60) days from the date of service of the Complaint. 6. It has come to Plaintiff's attention that there are federal tax liens of record in Cumberland County against Defendants at Civil Action Nos. 23 of 2014 and 6273 of 2001, as well as against the Defendant, DANNY L. RAUDABAUGH, at Civil Action Nos. 6970 and 6971 of 2001 and 5406 of 2013, all of which are junior to Plaintiff's mortgage. 7. In order to divest the aforesaid federal tax liens, the United States of America must be joined as a defendant in this action, pursuant to 28 U.S.C. §2410. 8. No judge has ruled on any other issue in this matter and there are no related matters now pending. 9. Plaintiff has not sought concurrence in this Motion because Defendants are not represented by counsel and the relief requested herein, if granted, will not be prejudicial to Defendants. WHEREFORE, Plaintiff respectfully requests the Court to enter an order granting Plaintiff leave to amend its Complaint to join the United States of America as a defendant, pursuant to 28 U.S.C. §2410, without including the Notice and Worksheet required under this Court's Administrative Order dated February 28, 2012. NIELSEN & O'DONNELL By�.� ort,t.�r. Peter J. O'Do ell ( 23937) Attorneys for Plaintiff 15 South Wayne Street Lewistown, PA 17044 (717) 248-3911 DATE: August l-, 2014 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY. PENNSYLVANIA NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff Vs. DANNY L. RAUDABAUGH and CARRIE L. RAUDABAUGH, Defendants ORDER Civil Action No. 2889 of 2021 1.13 -n .4- -•- - 7.) c , --0 , : Mortgage Foreclosure Nom,, IN) "A" CD AND NOW, This 19 day of August, 2014, upon consideration of the Motion for Leave of Court to Amend Complaint, brought by the Plaintiff, NORTHWEST CONSUMER DISCOUNT COMPANY, it is hereby ordered that: 1. Plaintiff is granted leave to amend its Complaint to join the United States of America as a defendant, pursuant to 28 U.S.C. §2410; and 2. Plaintiff shall not be required to include the Notice and Worksheet referred to in this Court's Administrative Order dated February 28, 2012. Pursuant to Pa.R.C.P. No. 236, notice of entry of this Order shall be provided to each of the Defendants, DANNY L. RAUDABAUGH and CARRIE L. RAUDABAUGH. BY THE COURT: 4 J. &r -i'; e L It'i u tt4bt u j X hntj �,. /G�itu�Gbatj, Re - f T p',okih�ll i 6,1)1 es, led /1,:.,.0//1/ gjii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff Vs. DANNY L. RAUDABAUGH, CARRIE L. RAUDABAUGH and UNITED STATES OF AMERICA, Defendants Civil Action No. 2889 of 204,4 ,_. rrLJ rn rf Mortgage Foreclosure ;>_' C' up -1 \, NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 Telephone: (717) 249-3166 NIELSEN & O'DONNELL eter J. O nnell (#23937) Attorneys for Plaintiff 15 South Wayne Street Lewistown, PA 17044 (717) 248-3911 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NORTHWEST CONSUMER DISCOUNT COMPANY, Plaintiff : Civil Action No. 2889 of 2014 Vs. Mortgage Foreclosure DANNY L. RAUDABAUGH, CARRIE L. RAUDABAUGH and UNITED STATES OF AMERICA, Defendants AMENDED COMPLAINT 1. The Plaintiff is NORTHWEST CONSUMER DISCOUNT COMPANY (hereafter Plaintiff), a Pennsylvania corporation with offices at 223 Penrose Place, Carlisle, Pennsylvania 17013. 2. The Defendants, DANNY L. RAUDABAUGH and CARRIE L. RAUDABAUGH, husband and wife (hereafter Defendants), are adult individuals residing at 1149 Easy Road, Carlisle, Pennsylvania 17013. 3. The remaining Defendant is the UNITED STATES OF AMERICA (hereafter USA), joined pursuant to Title 28, Section 2410, 28 USCA §2410. 4. The Defendants are the real owners of all that certain tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania (hereafter Real Estate), more fully described on the Schedule of Real Estate, which is attached hereto, marked Exhibit A and incorporated herein by reference thereto. 5. Real Estate is the principal residence of Defendants. 6. On November 24, 2000, Defendants made, executed and delivered to Plaintiff a Note (hereafter Note), evidencing their obligation to pay Plaintiff the sum of Twenty-five Thousand Seventy and 21/100 ($25,070.21) Dollars. A copy of Note is attached hereto, marked Exhibit B and incorporated herein by reference thereto. 7. On November 24, 2000, Defendants made, executed, acknowledged and delivered to Plaintiff a Mortgage (hereafter Mortgage) upon Real Estate as security for their aforesaid obligation. Mortgage is of record in the Office of the Recorder of .. Deeds for Cumberland County at Carlisle, Pennsylvania, in Record Book 1656, Page 422. A copy of Mortgage is attached hereto, marked Exhibit C and incorporated herein by reference thereto. 8. Mortgage has not been assigned. 9. By the filing of this action, Plaintiff seeks a judicial sale of Real Estate. 10. Defendants are in default under Note and Mortgage because they have not made the required monthly payments in full for the months of November of 2013 through and including April of 2014 and they have failed to pay late charges. 11. Defendants have been in default under Note and Mortgage for more than sixty (60) days. 12. On March 5, 2014, Plaintiff sent Defendants an Act 91 Notice by certified mail and by regular mail to their then last -known address. A copy of the Notice is attached hereto and marked Exhibit D. 13. The Notice referred to in Paragraph 11 hereof sent by regular mail was received by Defendants. The Notice referred to in Paragraph 11 hereof sent by certified mail was refused by Defendants. Copies of the envelopes in which the aforesaid Notice was sent by certified mail, with the notation "REFUSED" thereon, are attached hereto and marked Exhibit E. 14. This action was commenced more than thirty (30) days after receipt of said Notices by Defendants. 15. USA has been joined in this proceeding because it has or claims a lien or liens on Real Estate for taxes owed but not paid by the Defendants or either of them, as follows: 2 (a) Notice of Federal Tax Lien filed by the Pittsburgh office of the Internal Revenue Service against Danny L. & Carrie E. Raudabaugh on November 2, 2001, in the Office of the Prothonotary of Cumberland County, Pennsylvania, at Civil Action No. 6273 of 2001. A copy of said Notice is attached hereto, marked Exhibit F and incorporated herein by reference thereto. (b) Notice of Federal Tax Lien filed by the Pittsburgh office of the Internal Revenue Service against Danny L. Raudabaugh on December 11, 2001, in the Office of the Prothonotary of Cumberland County, Pennsylvania, at Civil Action No. 6970 of 2001. A copy of said Notice is attached hereto, marked Exhibit G and incorporated herein by reference thereto. (c) Notice of Federal Tax Lien filed by the Pittsburgh office of the Internal Revenue Service against Danny L. Raudabaugh on December 11, 2001, in the Office of the Prothonotary of Cumberland County, Pennsylvania,.. at Civil Action No. 6971 of 2001. A copy of said Notice is attached hereto, marked Exhibit H and incorporated herein by reference thereto. (d) Notice of Federal Tax Lien filed by the Detroit office of the Internal Revenue Service against Danny L. Raudabaugh/D.L. Raudabaugh Concrete Contractor, on September 13, 2013, in the Office of the Prothonotary of Cumberland County, Pennsylvania, at Civil Action No. 5406 of 2013. A copy of said Notice is attached hereto, marked Exhibit I and incorporated herein by reference thereto. (e) Notice of Federal Tax Lien filed by the Detroit office of the Internal Revenue Service against Danny & Carrie Raudabaugh, on January 2, 2014, in the Office of the Prothonotary of Cumberland County, Pennsylvania, at Civil Action No. 23 of 2014. A copy of said Notice is attached hereto, marked Exhibit J and incorporated herein by reference thereto. 16. By the commencement of this action, Plaintiff has exercised its option to declare the remaining unpaid balance of Defendants' aforesaid obligation immediately due and payable. 3 17. The following amounts are due Plaintiff under Note and Mortgage: The present unpaid balance of the aforesaid obligation, less a credit for unearned life and disability insurance premiums as of May 9, 2014 $21,910.10 Interest to May 9, 2014 1,132.45 Attorneys fees — which amount is deemed reasonable Total Plus interest of $8.49391 per day from May 9, 2014 1,500.00 $24,542.55 WHEREFORE, Plaintiff demands judgment against Defendants in the sum of Twenty-four Thousand Five Hundred Forty-two and 55/1.00 ($24;542.55) Dollars, together with monthly additions thereto resulting from reduced credit for unearned life and disability insurance premiums and interest of $8.49391 per day from May 9, 2014,:.• as well as the costs of this proceeding. Plaintiff further demands foreclosure of Mortgage and of Real Estate and requests that Real Estate be sold at a judicial sale. DATE: December i 2 , 2014 4 NIELSEN & O'DONNELL ByU & .. Peter J. Oonnell (#23937) Attorneys for Plaintiff 15 South Wayne Street Lewistown, PA 17044 (717) 248-3911 12/12/2014 10: 50 Northwest CDC Carlisle (FAX)7172499622 P.002/002 VERIFICATION I, KARA KUBISIAK, Manager of NORTHWEST CONSUMER DISCOUNT COMPANY, being authorized to do so, verify that the statements made in the foregoing Complaint are true and correct to the best of my knowledge, information and belief. I understand that false statements herein are made subject to penalties of 18 Pa. C.S.A. §4904, relating to unsworn falsification to authorities. DATE: December I ( .2014 5 2014-12-12 13:15 PENNSYLVAN CALL 7172499622 Page 2 SCHEDULE OF REAL ESTATE ALL That certain tract of land situate in Lower Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Subdivision Plan of Lots for Paul L. McKeehan, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 33, Page 81, as follows: BEGINNING At a point in the center line of Township Road T-487, also known as Easy Road, said point being on the dividing line between Lots Nos. 16 and 17 on the aforesaid Subdivision Plan; thence along said dividing line by lands now or formerly of James Tush, North 85 degrees 18 minutes 14 seconds West 300 feet to a point; thence by land now or formerly of Paul L. McKeehan and Faye L. McKeehan, his wife, North 4 degrees 41 minutes 50 seconds East 150.07 feet to a point on the dividing line between Lots Nos. 17 and 18 on the aforesaid Subdivision Plan; thence by said dividing line, South 85 degrees 18 minutes 14 seconds East 300 feet to a point in the center line of Township Road No. T-487 aforesaid; thence by the center line of said Road, South 4 degrees 41 minutes 50 seconds West 150.70 feet to a point, the Place of BEGINNING. CONTAINING 45,021 square feet and being Lot No. 17 on the aforesaid Subdivision Plan. Parcel No. 14-05-0423-059 Exhibit A LENDER•PAYEE—SECURED PARTY iJORTHWE,CI vimaMEFmacurTC'ANY CARLISLE, PA 17013 220212 Account No.• SORRQWERLS1 NAME AND ADDRESS PO DABA P --,DANNY L, AMD -CARRIE E. • CARLISLE ,-1PA7 17013 11724/00 • Date E ANNUAL PERCENTAGE FINANCE CHARGE Amount Financed Total of Payment, 'me YOUR PAYMENT SCHEDULE WILL DE: o IL IL RATE me dollar amount Irl credit will cost me emount or sada. movided to you .04 an rem, Denali. amount yes core 'line paid slier you hie made all bey. Paneetanor 'meow' or Purusan saes Pengate we earl TiThe Coal at roar 13 mutates yurWrm. roar. mania all See duiee. (a) r 4U4.39 12/30/0) Z (5) 114 414.35 30 Nc 15.8i) $ 242' 2 39 24324 $1 48526.81) (e) DESIGNATES AN ESTIMATE O . INSURANCE AGREEMENT Credit the insurance end credit disability Insurance are net -required to obtain credit, and- will not be 'provided 'unless you sign and agree to pay the fV additional cost. _ © DECREASING TERM TYPE. (J) PREMIUM SI „• E • m Single Cradii ate $ 2009.14 . 1/We wart Credit . / % : / ' F G Joint Crean Lite "7r. .. lire Insurance. SI- - / .. ..P Ur it ��' L....- S,ngle Credit Disability . $�/ I/We went Joint Credit Disability 2756 • �$ surae disability Insurance. 'Sign lir: / , .�turo: Yoe- ... y'gStshr propany msum.ee :inmsaryone. yeti. went. iaronidad the in.urance-ceed la ace ptebta'i0 iM'Lreditor.- If you -get collateral -goods ' insurance from or through the creditor, It will be for a term of CI months end you willpay-S • .t.' r)0 - .10- . NOTICE NOTICE OF PROPOSED (CREDIT) INSURANCE The Sig nefts) of mss contract hereby tamale) notice Thal group credit ille-lnsurance coverage and/or,:Oroup credit -accident and idealth insurence coverage will be applicable to this Contract If so. marked -on This contract end,each such type of -coverage _will be written by: . PROTECTIVE LIFE INSURANCE COMPANY RALEIGH, 'NC 27622 INSURER'S NAME AOORESS its insurance. Sublerl to acceptance by the Insurer coyers'only the person -signing the requesl-forsuch Insurance. The amount of charge le indicated for each type otcreda insurance to be purchased. The term otlnsurance will commence as of the Indebtedness Isineurred and will,axpire on -the original scheduled maturity date of the indebtedness. Subject•lo acceptance:by-the Insurer and -within -3O -days, there will -be delivered -toil+, -insured debtor a -car- . � Micah) of Insurance more fully describing the Insurance:In the •event•of•prepayment attire.indebtedness, a -refund otinsurance charges will•be made •where.due. PROPERTY INSURANCE: Veal estate is securityfor This Iransacllon; Borroners agree la keep the property Insured le Lendees salisfactlon.-Borrowers may purchase cacti insurance Ihrough any insurance company or agent of their choice:'Borrowers are responsible forobleinings;uch Insurance, Howeverif Borrowers fail lo'keep the reel properly satisfactorily - - insured during the term of this agreement. Borrowers hereby authorize. Lender, of:Lender's option, to --purchase any required insurance. Lander may'eilher requestimmedlete reimbursement !ram aorrowers (or the cast of such insunnes or may add the insurance premiumiolhe unpaid balance &l this- agreement and charge Interest thereon at the ANNUAL PERCENTAGE RATE set Will in the Note shell become additional indebtedness afaorrawer secured -try this Security Agreement. Security: You are giving a security interest In ® ' • 'REAL ESTATE LOCATED AT : - 1149 EASY `ROAD'CARL:ISLE CUNBER1AND 'PA '17013 97 JEEP CHEAOKE-•VINRIJ46 58551)C5647tR-89'FDRD VINt11FHE1115H1K1A9920b Filing fees $ z•J 50 Non -Ming insurance $ -0- 60 Prepayment: II you pay cif early you 0 may © will not have to. pay a penally. 0 may. ® will not be -entitled to a refund ofpen at the !lance charge. Assumption: Someone buying your house msy,'subleetto-condiuons, be allowed' to assume the remelnderOrme mortgage ow the original'terme. See your contract documents for any additions' information about nonpayment, defaulLsny required repayment in tun before: the scheduled date. end prepayment refunds and penalties. .. . _ VEDER AL-. RESERIVE`BOA IO 1.42—LOAN MODEL FORM ' Itemization of the N-3 Amount Financed.ltemlzatlon-Model Form Amount Financed of $ 25070.21 $ 0.'00•Personal Prop, Floater Ins. Prem $ 2.00Nolary.Fee ' - - 0.00 I 0.0° Involuntary Unemployment Ins. Prem $ .. `14300, OOOther LEBO AUTO $ Amount given'to you directly -$ . .25 .•00 Property Report -Fee $ '0.00 $ - 5144 .05 Amount paid on your account $ 0.00 Title Insurance Premium $ 0. 00 $ 0 , 00' Real Estate Appraisal Fee $ 0.00 Amount paid to others on your behalf $ 16.00 Flood Determination Fee $ 0.00 $ 2009. 14 Credit Llfe Insurance Premium -$ - ' 'CI ;00'R Survey Fee $ 19195.96 Total Other Charges $ • 2756.32 Credit Disability Insurance Prem. '$ .27..50 Recbrding`and Satisfaction Fee '-$ - 24340.01. Amount Financed $ 0.00 Property Insurance Premium $ 0.1:10 Attorney's Fees $ 730. 20 Prepaid Finance Charge NOTE SECONDARY MORTGAGE LOAN This agreement Is subject to the provisions of the Secondary Mortgagetoan Act. IN CONSIDERATION of a loan made by the above named Lender at its above ottice, in accordance with the Pennsylvenla-Secondary Mortgage Loan Act. iha•undersigned jointly and severalty promise to pay to the order of said Lender at its above office the Amount Financed (Principal) above stated together with interest on unpaid Principal balances et the above stated rate (Annual Percentage Rate). Default after 15 days, a late charge of $20.00 or 10% of etch payment, whichever is higher, will be assessed.- Payment shalt be made In consecutive monthly Installments as above indicated, time being of the essence, beginning on the stated due dale for the that Installment and continuing on the same day of each succeeding month to and including the stated due dale for the Gnat installment, Payments shall be in the amount et installments shown above, otherwise the Grid instaitmeni shad be aquat to the -unpaid principal plus interest accrued. Default in paying any installment shall, at the option of the holder hereof and without notice or demand, render the entire principal balance remaining unpaid hereunder logetherwith seemed changes al once due. and payable. Alternate.' lees and sourteisstlu mayise charged aper default Jf referred -le as aaordey-cod's salaried.amp1oyeeaf-th. tender. -N notprohibiledby-taw Me -undersigned and each of them do vnivathe right and benefit of any'iaw uifPefinpylvetnie or any other State exerlfpting property. real or personal, from sale. and if levy be made on real estate do also waivethe right of inquisition and consent to the condemnation thereof with fed liberty to sett theaemeon a Gen factes,with release of errmsthereote do also waive and release insofar as they may all relief from all appralsement, stay or exempllon jaws of.Pehrisylvanla' or any'Stale now or hereafter in force. Any judgment entered hereon or any prior note for which. this note Is in whole or In' part medlately or Immediately. a ienewalehallbe security forthe payment hereof and of any future note which is in whole or in part medial* or immediately a renewal hereof Each maker, eo.maker, endorser, guarantor, surety or ocher party hereto Waives notice ot-demand, default; Ptotest;-and'nofice of prated -end non-payment, and further consents that the holder hereof may grant extension or extensions of time without notice to and without release from liability 10 any of them. The acceptance by the holder hereof of any payment, pallial payment, charges or fees as herein reserved; after adefault in the same, shall not be considered as alwaiver of the 'light to enforce payment -of all subsequent Installments pursuant to the terms hereof, when and as gleam* shall become duel.or attiie.dghfto enforce any oftleconditionsof:this agreement:.. In accordance with the provisions of the Secondary Mortgage Lien AN of Pennsylvania a statement at said'toan has been deliveredto arid recelpt'thereofls hereby acknowledged by the undersigned. Plural words contained in the note shall be construed in the singular es the contest may require and the conelrudion, validity end -effect hereof shall be governed by the laws of Pennsylvania..:. _,r". :: r ,, 'All travmenlemede hersonshall bb applied;Fiirst to interact to date of paymentand the remainder Mania prInclpai '•-i ` 'I Exhibit B This loan and alt other loins due ander tea Note thiv.. a e'and the Sacurlyen q ti Ij Agreement are seduced bye lnatgage'an reel estate 'Cescribed bNOW 4he Pfemisesy wlilaksadirilly , interest. may effect alter acquired property in the fomi(ot subsequent`,accaeatons `adddions Improvemente:end repairs to th. Premisesend the reads and prof!: horn the Prei ises and' . condemnation. proceeds. U any This Mortgage vvte coverfutureloans made to Boeroader by Cenaer • ; ; •- AODRESS .. 14:40 -FAAY:-1Rf1'Al! CITY. OR MUNICIPALITY C IRLI'SLE• COUNTY ..Cui��E �.AMV�.}... :.. .. SPATE',.. .r}'.. --:I71 i.�.:.,.. _ P.- Lender bas.tbe right Io oppIy.iIre proceeds Gland/at any relands at:unearned•.premivans or-lnsarance financed°orreduited_liereundet-to the payment'df the:unpaid balance'otBorrowers°indebt'edness. ..-,SECU,i11T(AGREEMENT To secure thepayment at this loan whichisevidenced tty`Ihe1NoteMabovh and`all othtr amounts ds un oder the Nate thiMortgage and the Security,ApreemenL and any futuretoans to Borrower by Lender, Bifiiowe/ herebyroc3ntsetc'tiu deR'h becurttyrint'e'rani%i der lii. vPennjs yg1#(a,Un Porn( Com nercfa ode m ho property descr bed below , The 14llowinp described motor vehicle(s) together with all accessions, additions, improvements and repalas ' MAKE COLOR 5ERtAL.NO... •„,; „•,. ,,,,.,,p00.T;ST,fLE. ,': MOOEL YEAR ,• o• .. .., OTHER IOENTIFICATtON. "/iS 6iERG7iiE 3Ei:F c-cn,.,,i-, .::133-r5€341tEb-:7- ,.: rr„vr nn;-nr. i9 ;.,..,- .: ..... .,,. ,, :...ion -o 1r sirn_....., . ..:.>._. ` ..:.. ....... ........: AItOorroweK tall ra6paads al every kindnowt catedinae abduYstrd 6dtroWersbfeMi;eYa4 •addressatrove,ptared asrpace may be• hereafter. removed. + ... REAL ESTATE LOCATED AT:1I4t9 EASY' ROAD CARLISLE PA 170'13 1997 JEEP CHEROKEE LARADD 4 1989 FORD -BRONCO Other property now owned by Borrowers as follows and iodated etithe:abode'address--;unlesso therwise indiceled • 4. Proceeds of the collateral specified above are also covel'ed: however, this shall nofbe construed to mean that the Lender consents to ally sale of any of such collateral. 80RRO WERIS) UNDERSTAND ANO AGREE THATALLOF THE ADOITIONALTERMS ON THE REVERSE SIDE HEREOFARE A'PARTOF THE SECURLTY.AGREEMENT::HEREOF, AND.,ARE INCORPORA=TE6=HEREINi,B,Y.:REF.ERENCE ;,',,._ _,.r., • _ .,•+ ;. • �-: •- • '' ;'- ="7',"-”: I•ACKNOWLEOGE.RECEIVING ,t COMPLETE La FILLED IN GQPY OF Tt•f1S CONTRACT ON#THE DATE 4F THIS COAN;kNO O&TAI,NING,': DISCLOSURE OF THE TERMS OF THE LOAN PRt0J TOUM 'CONS • ef= THE LOAN TRAM a LION TO ai1CH1t •RELATES..;-. <.:' .. a Sar /. IN WITIlF G`tWHEfiE the /ersignedhave hereurito•set their nds.arid se s the.day.and e st ei}: e ten. YJUtl Witness: . t .-�t k i 1. Rev, a/ea ::'(SEAL) ..:........ (SEAL) NOTICE: SEE REVERSE'SIDE FOR IMPORTdNT INFORMATION . . ORIGINAL .0 z DEEDS tri Ri_AND COUNTY-PA54 ' 0 1"C 5 FN2 0 G4 MORTGAGE 0 A O U U E-4 COI --4 m ami THIS MORTGAGE ("Security Instrument") is given on NOER.24 20.00.:. The mortgagor is DANNY •.L. RAUDABAUGH..AND.CARRIE..L.. EAUDABAUGH ("Borrower"). This Security Instrument is given to .NORTHWEST CONSUMER. •DISCOUNT. •COMPANY - , which is organized and existing under the laws of .... CQMMONWEALTH..OE. PENNSYLV.ANIA..... , and whose address is .223..PENRASE. PLACE CARLISLE -PA 17.0.13. ("Lender"). Borrower owes Lender the principal sum of . TWENTY..EIVE..THQUSAND . SEVENTY. DOLLARS . AND ....TWENTY..ONE..CENTS Dollars (U.S. $ 25.0.70.21. ) This debt is evidenced by Borrower's note dated the same date as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on NQAFER.30.,..20.10 This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in CilliligniM County, Pennsylvania: i ALL that certain tract of land situate in Lower Frankford Township, Cumberland County; Pennsylvania, bounded and described in accordance with a Subdivision Plan of Lots for Paul L. McKeehan, as recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 33, Page 81, as follows: BEGINNING at a point in the center line of Township Road T-487, also known as Easy Road, said point being on the dividing line between Lots Nos. 16 and 17 on the aforesaid Subdivision Plan; thence along said dividing line by land now or formerly of James Tush, North 85 degrees 18 minutes 14 seconds West 300 feet to a point; thence by land now or formerly of Paul L. McKeehan and Faye L. McKeehan, his wife, North 4 degrees 41 minutes 50 seconds East 150.07 feet to a point on the dividing line between Lots Nos. 17 and 18 on the aforesaid Subdivision Plan; thence by said dividing line, South 85 degrees 18 minutes 14 seconds East 300 feet to a point in the center line of Township Road No. T-487 aforesaid; thence by the center line of said Road, South 4 degrees 41 minutes 50 seconds West 150.07 feet to a.point, the Place of BEGINNING. tooK1656PAGE .1422 PENNSYLVANIA—Single Family—Fannie Ma r'ldte Mac UNIFORM INSTRUMENT 3501-1918 Exhibit C Ff03039 9/90 X (page I of 6 pages) which has the address of ....1.149.. EAST.. ROAD.CARLi (Street] [City] ..... ("Property Address"); Pennsylvania ......I.7013 [zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hazard or property insurance premiums; (d) yearly flood insurance premiums, 'if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called -"Escrow Items.'' Lender-rnay-,-at.any-time,-collect.and_hold Funds in an amount not to exceed the maximum amount a lender for a federally related mortgage loan may require for Borrower's escrow account under the..federal Rear Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. § 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Funds in an amount not to exceed the Jester: amount. Lender-rnay-estiimate -the - amount of Funds due on the -basis ofcurrent-data .and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law._ The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-time charge for an independent real estate tax reporting service used by Lender in connection with this loan, unless applicable law provides otherwise. Unless an agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds, showing credits and debits to the Funds and the purpose for which each debit to the Funds was made. The Funds are pledged as additional security for all sums secured by this Security Instrument. If the Funds held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender may so notify Borrower in writing, and, in such case nor165E: PAGE ,423 Form 3039 9/90 X (page 2 of 6 pages) Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Property, Lender, prior to the acquisition or sale of the Property, shall apply any Funds held by Lender at the time of acquisition or sale as a credit against the sums . secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due under the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in _writing to the payment.of the obligation secured by the lien in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subor- dinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above., within 10 dayk of the giving of notice. 5. Hazard or, Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage" and any other hazards, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender. requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds -shall -ie applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons 'the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered To settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30 -day period will begin when the notice is given. Unless 'Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 2Ithe Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the dateof 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. Borrower shall not destroy, damagzmrimpairthe-Property,alow-the Property -to deteriorate, or commit waste on the Property.. Borrower shall be in default if any forfeiture action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could 'result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and reinstate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed to provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy of the Property as a principal residence. 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. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's !� F� 3039 9/90 X (page 3 of 6 pages) BOUk;! 65b PACE .A24 actions may include paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. 8. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums requiredto obtain coverage substantially equivalent to 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 approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one -twelfth of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage . lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained: Borrower -shall' pay the premiums required to maintain mortgage insurance in effect, or.`to provide -a' loss reserve, until the requirement for mortgageinsurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation; are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this -Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing., the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is less than the amount of the sums secured im- mediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise pro- vides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change. the amount of such payments. 11. 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 any 'successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any, forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude the exercise of any right or remedy: 12. Successors arid Assigns Bound; Joint and Several Liability; Co-signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's_covenants and. agreements shall be joint and several., Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify," forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets 'maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the 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 under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by . BO!1K 1.556 PAGE .425 Form 3039 9/90 X (page 4 of 6 pages) first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severability, This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument 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 the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall_provide a period of not_tess'nasa 30 days from,-th_-dateahe-notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower'fails to pay these sums iirion to-tht expiration'of this -period, -Lender may invoke -' any remedies permitted by this Security Instrument without further notice or demand on Borrower. - 18.- Borrower's Rightto Reinstate. If Borrower meets certain conditions, Borrower shall_haye the right.to have .enforcement of this Security Instrument discontinued at any time' prior to the earlier of: --(a) 5 days '(or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale -contained in this... Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions ar'e"that Borrower: (a) pays Lender all sums which then would-be due under this Security Instrument and the Note as if no..acceleration, had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably . require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security In- strument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under paragraph 17. • 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be 'one or more .chaagcs. oftfte-Loan-Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will he given written notice of the change in accordance with paragraph 14 above and a,pllicable law. The notice will' state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any -Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property. of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to. maintenance of the Property. Borrower shall promptly give Lender written notice 'of any 'investigation, claim, 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. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any.Hazardous. Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, "Hazardous Substances" are those substances defined as toxic or hazardous substances by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum.products, toxic pesticies_and'herbicides, volatile Solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 2D,—E viron iiifi l L;aw"•means_federal laws and-laws.of.the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breachof any covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 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 must be cured; and (d) that failure to cure the default as'specified.rrray result in acceleration of the sums secured by this Security Instrument, forclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the 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 in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. Rom -11;56 PaGr..42f 3039 9/90 X (page S of 6 pages) 22. Release. Upon payment of reams secured by this Security Instrument, this urity Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in pro- ceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph 18 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the 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. 27. Riders -to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument; the•covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] ❑ Adjustable Rate Rider ❑ Graduated Paynien_ t Rider ❑ Balloon Rider ❑ Other(s) [specify) Condominium Rider [� Planned Unit Development Rider [] Rate Improvement Rider ❑ 1- 4 Family Rider ❑ Biweekly Payment Rider ❑ Second Home Rider • BY SIGNING BELOW, Bcrrower accepts and agrees to the terms and covenants contained in and in any rider(s) executed by Borrower and recorded with it. W lesses: ,' COMMONWEALTH' OF PENNSYLVANIA, On.this,'tiie' "•day°o. �11..�.� ,� ,before• "the. undersigned officer, personally appeared ,...:lA:/44 � t-3a-z3C N,; Gi his Security Instru 1 S/o/a Security Numb Gr' `.GG (Seal) �.��� !l � Seal —Borrower nt Seal) -Borrower Social Security Number County ss: . proven) oto be the,person ...... whose name known grily subscribed to the within instrument an executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my -hand and official seal Commission expires: Notarial Seal - - Charles D. Gallagher, Notary Public Carlisle Bon), Curtbarland County My Commission Expires July 9, 2002 ember, Pennsylvania Associaitch-ctzNotaries I certify that the precise place of business of the within named Mortgagee is ,..ill RECORDED ir1 fh Oce for Recording of Deeds in a, t4. r in Mortgage foo ��pp ll��t No. Page`f'aj Date Z 5. 1i4) Recorder 6'7.7 - tii6 L/C' Title of Officer - • Custorher Name: Raudabaugh,.Zanny L. & Carrie E. To be attached to report num( `'iti19541 Schedule "A" --";-Lejal-Desctiptiort: , ALL that certain tract of 1d situate in Lower Frankford Tor)hip, Cumberland Pennsylvania, bounded and described in accordanctowith a Subdivision P:ee cl i..ctts for Paul L. McKeehan, as recorded in the Office of the Recorder of for Cumberland County in Plan Book 33, Page 81, as foNty.vs BEGINNING at a point in the center line.of Township Road T-487, also known as Fasy Rod, said point being -on the dividing line between Lots Nos. Wand 17 o-4. me aforesaid Subdivision Plan; thence along said dividing line by land -now or formerly ofJames Tush, North 85 degrees 18 minutes: 14 seconds West 300 feet . to a point; thence by !and now or -formerly of Paul L. McKeehan and Faye L.. - • McKeehan, his wife, North 4 degrees 41 minutes 50 seconds East 150.07 feet to a point on thedividing line between. Lots Nos. 17 and 18 on the aforesaid Subdivision Plan; thence by said dividing line, South 85 degrees 113 minutes 14, . se;•;oori,s Ea st 300 feet to a. point n the center line of Township Road No, 7-487. aforesaid, thence by the center line of said Road, South 4 degrees 41 Minutee 50 7. seennds It 150.07 feet to a point, the Place of BEGINNING. C'f",.-iNTAiNtNG 4.5O!1 square feet and being Lot No, 17 on the aforesaid ision Plan, SUBJECT, HOWEVER, to the follo‘Nupg building and use restrictions and eonditions with which the Grantees, for themselves, their heirs and assigns, agree to comply by the acceptance of this deed: aicl t sr.,7 lye- ifSed-fdr-resAential-purp-o-ses-onty-. kee buildings or p(iftions.theredf shall be erected within 55 feet from the cer3ter. . -"ATE:flip Road No, 5-487; orMthirt 10 feet from any of the. remaining iohines • - trailers and mobile homes shall be neither permitted nor maintained on said. lot 4. /2kry. dwaiiing house erected cm said lot shall have a minimuni value -of $20,000,00, excluding land costs, based upon 1971 values. E., No animals or fowl shall be kept or maintained on said lot, except hoZseholdr- pets. PARCEL NO. 14-05-0423-059 , APPENDIX r Date: (Rev. 92�5 March 5. 2014 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE* This is an offici0iictice that the ).T191lq e is in default d the lender intends to foreclose. Specific intrmatffn about the na ovided in the attached paes. The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMA P) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 33 DAYS OF THE DATE OF THIS NOTICE. Take. this Notice with you when You meet with the Counseling Agency. The name, addres anii*phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any question' you may call the Pennsylvania Housing Finance Agency toll free at 'IA00-342-2397. (Persons With impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NoTincAbON EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR yrvIEN,Do EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NC)' JFK . OBTENGA- UNA JRADUCCION INMEDIATANIENTE LLANIANDO r I' SI A 4EN.NSY.VANIA HOUSINC, • FINANCE AGENCY) SIN CARGOS AL NUN-1ER° MENCIONA-00 ARRIIIA. PUEDE- SER ELEGIBLE PA -RA UN 'PRESTAMO POR EL -PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA 1W LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. (Must be at least 30 point typc!) Page I. 01'5 Exhibit D I•IOME;OWNER'S NAME(S): PERTY AE)DR E:SS: LOAN ACT. NO.: OTtiGiNAI., LENDER: CURRENT LENDER/SE.RVICER: Northwest Consumer Discount Company HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM. Danny L Raudabaugh • Carrie R Raudabaugh 1149 Easy Road Carlisle, Pa 17013 492-189226.2 Northwest Consumer Discount Company YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR NOME FROM FORECLOSURE AND HELI' -YOU MAKE; FUTURE tMORTGAG.E PAYMENTS IF YOU COMPLY 'WITH THE PROVISIONS' OIr 'THE HOMEOWNER'S 'EMERGENCY MORTGAGE ASSISTANCE . ACI' OF 1983 (TIME "ACT"). YOU MAY BE ELIGIBLE FOR EMERGENCY, MORTGAGE ASSISTANCE: • IF YOUR DEFAUL I' HAS BEEN CAUSED UYCtRCUMSTANCES BEYOND YOUR CONTROL, • IF YOU HAVE A RE:ASONAl3LEJ"ROSI'EC: T OF BEING ABLE TO PAY' YOUR MORTGAGE PAYMENTS, ANF) • J} YOU MEEA' OTHER EMCI BILITY REQUIREMENTS ESTABLISHED 1W TIIE-J'ENNSLVANE4 1JQ.US:tNF;. FINANCE AGENCY. TEMPORARY .STAY OF FORECLOSURE -- Under the Act, you arc entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice (plus three (.3) days for mailing). l7uring that time you must arrange and attend a "Face-to-face" meeting with one .of the consumer credit counseling agencies listed.at the end of this Notice. Tills MEETING, MUST OCCUR WITHIN THIRTY-THREE (33) DAYS OF THE DATE OF THIS NOTICE:. IF YOU DO NOT APPLY FQR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PARI. OF. THiS: NOTICE CALLED "HOW 'TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO I)ATE CONSUM ER CREDIT COUNSELING AGENCIES -- Tryon meet with one of the consumer credit counseling., agency listed at the end of this notice, the lender may .NOT .take action against you for thirty (30) days after the date of this Meeting. The names addresses and telephone numbers of designated consumer credit counseling aeenciesTTor the county t in which the property is located are seforth at the end of this Notice. It is only necessary to schedule one face.to-face - meeting. Advise your -lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE — Your mortgage is in default thr the reasons set forth later in this Notice (sec following pages for specific information about the nature' of your default.)_ .\.ou huve Lha r, g3I. to apply,I(n•. financial assistance from the Homeowner's C mergency Mortgage Assistance Program. To-do so. you mulct :fill out, sign and Pile a completed Homeowner's Emergency Assistance Program Application with one of the desienatcd constinier w. credit counseling agencies listed at the end of this 'Notice. Only consumer credit counseling agencies have: applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. To' temporarily stop the lender from filing a foreclosure action, your upplication MUST be frtrWarded Lo PHFA and received within thirty (30) days ofyour face-to-face Meeting with the counseling agency • YOU SHOULD FILE A TIEMAI' APPLICATION AS SOON AS POSSIBLE. IF YOU HAVE ,A MEETING WI l l l A' COUNSELING :\(4 NC' \VIIIFIN' 33 DAYSOF -fl It:"PO TMARF DATE: OF TIIiS. NOTICE AND FILE. '\N APPI•K A t tON WITH PIIi-A WITITIN 30 DAYS OF THAT MEETING, THEN THE LENDER WILL 1316 4PORARILY-PRF\'TIN?`£O 1:1W, - STARTi'NG A FORECLOSURE AGAINST YOUR, PROPER'T'Y, AS EXPLAINED .ABOVE;. IN 'THI: SIiCitON CALLED "TEMPORARY STAY OF FORECLOSURE". - • - _ YOU HAVE TIlE RKj tl t TO FILE JHEMAP APPLICATION EVEN 13EYO ) 'T'IILSI:'TIME PEiRIOi)S. A 1.ATl-_ APPLICATION WILL NOT. PREVENT- THE LENDER FROM STARTING A FORECLOSURE ACTION. BUT IF YOUR • APPLICATION IS EVENTUALLY APPROVED AT ANY 'TIME BEFORE A SHERIFF'S SALE, THE FORECLOSURE. WI.l.l. 13E STTOPPED, Page 2. of 5 AGENCY ACTION -- Available Thuds For emergency mortgage assistance are. very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to .make a decision atter it receives yoitr application. During that time, 'no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of it's decision on yourapplication. NOTE: IF YOU ARE CURRENTLY PROTECTED KY THE FIT.ING OF A PETITION IN t3ANKRUP`fCY,'TIt(: FOLLOWING PART'OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECTTTIE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT fBring.it up to date). NATURE OF THE DEFAULT --The AMORTGAGE debt held by the above lender on your property located at: 1149 Easy Road Carlisle, Pa 17013 IS SERIOUSLY TN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY • MORTGAGE PAYMENTS for the following months and the 16llowm .- amounts are now past due: • November 2013, December 2013, January 2014. and February 2014 totaling $1,400.00 Other charges (explainiitemize): .Late charges due in the amount of $10 TOTAL. AMOUNT PAST DUE: $1.505.00 D. YOU HAVii FAILED TO TAKE THE FOLLOWING" ACTION (Do not tIse if not. applicahlc): 110W TO CURE THE 1)EFAUI.,T --You may cure the default within THIRTY (30) DAYS of the date of this notice KY PAYING: THE 'TOTAL. AMOUNT PAST DUE TO THE' GENDER, WHICH ISS 1,505.00 __ PLUS ANY MORTGAGE PAYMENTS ANIS LATE CHARGES WHICH BECOME DUE DURING TIlE "fIIIRTY (30) DAY PERIOD. Pavmeius must be tiiadc either by cash. cashier's check,certilird check or money order made payable and sent to: Northwest Consumer Discount Company 5223 Penrose Place (P.O. Box 670) Carlisle, Pa 17013 You can cure any other default by taking the following action within THIRTY (30)- DAYS of the date or this letter: (Do - not use if not applicable.) - Page 3 iF YOU DO NOT CURE THE DEFAULT—If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt'. This means that the entire outstanding balance of this dept wilt be considered due immediately and you may lose the chance 10 pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF'I'fll'- MORTGAGE IS FORECLOSEi) UPON -- The mortgaged property will he sold by the Sheriff to pay elf the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you; you will still be required to,pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the' lender even.if they exceed 550.00. Any attorney's fees will he added to the amount you owe the lender, which may aiso:melsrie.ct e ^,easort:a e -costs_ 1f you cure the default within the THIRTY (30) DAY period. von will not he required to pay attorney's fees. OTHER LENDER REMEDIES — The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage: RIGHT FO CURE THE DEFAULT PRiOR TO SHERIFF'S SALE -- If you have not cured the default within the THIRTY (30) DAY period and foreeltsure proceedings have begun, voti still have the right to• cure the .default and prevent the sale at: any time up to uric hour before the Sheriff's Sale.. You may do so by -paving the total amount then past clue, plus any late or other' charges then due reasonable attorney's fees and costs connected with the foreclosure sale and anvpther costs connected -with the Sheriff's Sale as saaccified in writing by the lender and by performing any other requirements under the 'Mort >ace, Curing your default: in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs side of the mortgaged property could he held wonlif be approximately 3 months from the date of this Notice. A notice of the actual date of the Sheriff's Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the 'longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Northwest Consumer Discount Co Address: 5723 Penrose Place (P.O. Box 610T . p ny Carlisle, Pa 17013 Phone Number: 724-249-0722 as Number: 717-249-9622 Contact Person: . Karla Kubisiak E -"fare Address: kk bisiakcvnwsbcorp.com EFFECT OF SHERIFF'S'SALE -- You, shot:ld-reali e, that a'Shcrifl's•Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale. a lawsuit to remove you and your furnishings and other belongings.could he started by the lender at any time. ASSUMPTION OF MORTGAGE -- You � may or !Xi may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assure the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage arc satisfied. Page 4of5 YOU MAY ALSO HAVE THE RIGHT: • TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEF3T OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. • TO HAVE THIS DEFAULT CURED 13Y ANY THIRD PARTY ACTING ON YOUR BEHALF. • TO' HAVE THE MOM -GAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER. YOU 1)O NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR,) • TO ASSERT THE NONEXISTENCE OF A DEFAULT. IN ANY FORECLOSURE PROCEEDING OR Ai OTHER LAWSUrr INSTITUTED UNDER THE MORTGAGE DOCUMENTS, • TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER, • To SEEK PROTECTION UNDER THE FEDERAL F3ANKRU!'TCY LAW, CONS UYIIF,R CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (Fill in a list of all Corrnseline A£lencies listed in Appendix C FOR THE COUNTY hr which the ru ertv located, using additional pares if necessary), Fair Housing Council of the Capital Region, Inc 2100 North 6th Street Harrisburg, Pa 17110 Phone Number: 717-238-9540 Advantage Credit Counseling Service 2000 Linglestown Road Harrisburg, -Pa 17110 Phone Number: 888.511-2227 Housing Alliance or York 290 West Market Street York, Pa 17401 Phone Number: 717-855-2752 Page5of5 a gTgzux3 P O. Box 1030 Butter, PA 16003 ADDRESS SERVICE REQUESTED • P. O. Box 1030 Buller, PA 16003 ADDRESS SERVICE REQUESTED .1 i 1 i 7013 1090 0001 5096 2686 Carrie E Raudabaugh P.O. Box 1275 n'� Carlisle, Pa 17013 A , -1 NLXLE 176 n_ 'lbs3 tebaii.a 11 RETURN TO SENDER • REFUSED UnI ELE TO F ORnARD 7%7'1 5 _50 1 SC: 7 5993 19 3 93 9 *95 c4a -9595E-45-44 1E00311038 Ir!rNllf:4}!!;f!crr!4!lifltr!0!llr.:lf:!Ir!r:01.1 CERTIFIED MAIL i dig 7013 1090 0001 5096 2671 Danny L Raudabaugh P.O. Box 1275 J` �Y.�,f'"�6c .. Carlisle, Pa 17013 • RETURN TO SENDER REFUSED Ui ^S,E TO FORMiARD i 701 '3:1:6.'275 BO i ac: l g g D i l e 3 e 3. • 9S43 -9e044-05-49 S _ 4_ 96044-05-49 16523 g11.830 1:•41 11..If,r.11.,.roI1..Au,.a.11,11;...ditil.n,ald 499 Form 668 (Y)(c) (Rev. October 20001 Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien Area: SMALL BUSINESS/SELF EMPLOYED AREA # Lien Unit Phone: (412) 395-5265 Serial Number 230181558 For Optional Use by Recording Office As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following -named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue. - Name of Taxpayer DANNY L & CARRIE E RAUDABAUGH - Residence PO BOX 1275 CARLISLE, PA 17013-6275 71.6.01. 6.2 73 P T1- (19, 7511 • IMPORTANT RELEASE INFORMATION: For each assessment listed Jbelow; unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a). r -,'s-=:0 r ,'' k. t_1 f) . _ . -' r Z� _ - -'. �+ C r; 'J siw Tax Period Date of Last Day for ". -Un aid`W lane8. Kind of Tax Ending Identifying Number Assessment .. Refiling . ..: of Assessment - t. (a) (b) (c) (d) (e) (f) 1040 12/31/1997 162-36-9373 06/01/1998 07/01/2008 5458.-90 1040 12/31/1998 162-36-9373 06/14/1999 07/14/2009 5943.24 I040 12/31/1999r 162-36-9373 `07/10/2000 08/09/2010 6836.64 Place of Filing Prothonotary Total $ Cumberland County 18238.78 Carlisle, PA 17013 -. This notice was prepared and signed at the 29thday of October 2001 PITTSBURGH, PA , on this, Signature for D. ZMUDZIN 6-4)44'414-,- LLA Title Revenue Officer (717) 221-3490 23-01-1441 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 - 2 C.B. 409) Pan 1 - Kept By Recording Office Exhibit F Form 668(Y)(c) (Rev. 10-00) CAT. NO 60025X Form 668 (Y)(c) {Rei. October MO)Notice 499-. Department of the Treasury - Internal Revenue Service of Federal Tax Lien - Area: SMALL BUSINESS/SELF EMPLOYED AREA #3 Lien Unit Phone: (412) 395-5265 Serial Number 230182621 For Optional Use by Recording Office 4 �� T �' 1. 0 -- (. 0 :t, Q tlz) - . . • _ " ret. .1,,- ._ . I? `tom'pp , . .. .. -. . - f' -• •-//44`f f - . - " - .n. _- -a.: :,... , ...�= 5.- ;;.—..,•;,:,.-:7-i . . - ,• --- ? r-, .. :. '=_ �t-.:-..___. : ' =° -;_, yc' _- - ..1 � '?` `4 : " "' • ` `-<: ' "•'--.."'01, -' =;; ''• "� _ . •- • • - • As provided by section 6321, 6322, and 6323 of the Internal Revenue- Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following-named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore; there is a Tien in favor of the United States on all property and rights;to property belonging to this taxpayer for the amount of these taxes;. and addldonal penalties, interest, and costs that may accrue. Name o?f Taxpayer DANNY' L• RAUDABA6G -- Residence . - PO BOX 1275 CARLISLE, PA 17013-6275 IMPORTANT RELEASE INFORMATION:-. For each assessment listed below; unless notice of the lien is refiled by the date given in column (e), this notice shall; on the day following such date, operate as a certificate of release as defined in IRC 6325(a). - Kind of Tax (a) Tax Period ' Ending (b) Identifying Number (c) Date of Assessment (d) Last Day for :',. .Refiling ; . (e) ` ='; Unpaid Balance - •f'of Assessment :-. "N°' .(f) . 940 940 940 12/31/1997 12/31/1998 '12/31/1999 25-1662382 25-1662382 _.-25-1662382 03/30/1998 06/25/2001 06/25/2001 04/29/2008 07/25/2011-. 07/25/2011 • 10.27 -• 3109.-88" . 2809.93. •Place of Filing Prothonotary Total Cumberland County Carlisle, PA 17013 $ -' - • • _5930.08 • This notice was prepared and signed at the PITTSBURGH, PA , on this, 27th day of November 2001 Signature for D. ZMUDZIN Title Revenue Officer (717) 221-3490 23-01-1441 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 - 2 C.B. 409) Part 1 - Kept By Recording Office Exhibit G For{m 668(Y)(c) (Rev. 10-00) CAT. NO 60025X Form 668 (Y)(c) (Rev. October 2000) 499. Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien Area: SMALL BUSINESS/SELF EMPLOYED AREA #3 Lien Unit Phone: (412) 395-5265 Serial Number 230182620 For Optional Use by Recording Office 720.0/- 4 ,..A -. .. - - 5.. •:: 41/96 r r.. { ; s -~ -__. _ _, .. 97/ Fri, 6'9 (17) :- . • . - . .x _ ., . - • - 5/.2.1- . „- ., , 'v - ...•.... • ,: . • . . - ; �, ' • - C? cp n _.. .... w -i.:FF � " I'CARLISLE, - -- :: ^durAll;,m.0.!.y. !rx«b ,. t° =iC,'' - :�=`"1 =' ?=z y L'• -,]= r. 2. - ",- � ..; G—..,...,� As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are. giving a notice that taxes (including interest and penalties) have been assessed against the following -named taxpayer. We have made. a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien in -favor of .the •United States • on ail property and rights to . property belonging to this taxpayer for the amount of these taxes, -and ' additional penalties, interest, and costs that may • accrue. .. Name-oTaxpayer-DANNY- L RAUDABAUGH- - f Residence PO BOX 1275 PA 17013-6275 _ .. IMPORTANT' RELEASE INFORMATION: For each assessment'tisted below; unless notice of the lien is refiled by the date given in column (e), this notice shall, = on the day following such date, operate as a certificate of release as defined in IRC 6325(a). • ,vim t..,,.. " . . x.., .....-• . Kind of Tax (a) Tax Period Ending • (b) • Identifying Number (c) • Date of Assessment. • (d) .,-. Last Day for , r ,_: Refiling . ' (e) ,. ,:;.,..,,,. -; , Unpaid Balance - , - . of Assessment --- (f) 940 .941 943: 941 941 941 941 941 941 941 941 941 941 941 941 12/31/1996 09/30/1996 -13-6/30/1997, 09/30/1997 12/31/1997 03/31/1998 06/30/1998 09/30/1998 12/31/1998 06/30/1999 09/30/1999 12/31/1999 06/30/2000 09/30/2000 12/31/2000 25-1662382 25-1662382 . 25-1662382 25-1662382 25-1662382 25-1662382 25-1662382 25-1662382 25-1662382 25-1662382 25-1662382 25-1662382 25-1662382 25-1662382 25-1662382 03/10/1997 05/05/1997 06/18/2001, 02/02/1998 03/23/1998 06/11/2001 06/11/2001 06/11/2001 06/11/2001 06/11/2001 06/11/2001 06/11/2001 09/11/2000 06/11/2001 06/11/2001 04/09/2007 06/04/2007 07/18/2011 03/03/2008 04/22/2008 07/11/2011 07/11/2011 07/11/2011 07/11/2011 07/11/2011 07/11/2011 07/11/2011 10/11/2010 07/11/2011 07/11/20-11 127.68 ' 1760.75 1681.61 760.17 1496.45 867.31 . 7039.03 7462.64 2444.70 - • 4958.55 - 58.95.63 • ' 2509.70 '4436.72 5970.1-5 ' 3073-.94 Place of Filing Prothonotary Total Cumberland County Carlisle, PA 17013 $ 50485.03 This notice was prepared and signed at the 27th day of November 2001 PITTSBURGH, PA , on this, Signature for D. ZMUDZIN Title Revenue Officer (717) 221-3490 23-01-1441 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul, 71-466, 1971 - 2 C.B. 409) Part I -Kept By Recording Office Exhibit H Form 668(Y)(c) (Rev. 10-00) CAT. NO 60025X Form 668 (Y)(c) (Rev. February 2004) 4805 Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien Area: SMALL, BUSINESS/SELF EMPLOYED AREA #2 Lien Unit Phone: (800) 913-6050 Serial Number 958748913 For Optional Use by Recording Office 3-;LEO-OF ICL THE PROTHONO , 2U13SEP 13 An !!= 13 CUMBERLAND COUNTY PENNSYLVANIA ��� As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following -named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue. Name of Taxpayer DANNY L RAUDABAUGH D L RAUDABAUGH CONCRETE CONTRACTOR Residence PO BOX 1275 CARLISLE, PA 17013 IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a). Kind of Tax (a) Tax Period Ending (b) Identifying Number (c) Date of Assessment (d) Last Day for Refiling (e) Unpaid Balance of Assessment (f) 940 940 941 941 12/31/2001 12/31/2002 09/30/2002 12/31/2002 25-1662382 25-1662382 25-1662382 25-1662382 05/19/2003 06/30/2003 06/30/2003 06/30/2003 06/18/2023 07/30/2023, 07/30/2023 07/30/2023 • 921.71 914.59 5798.84 1685.12 Place of Filing Prothonotary Cumberland County Total Carlisle, PA 17013 $ 9320.26 This notice was prepared and signed at DETROIT, MI , on this, the 04th day of September 2013 Signature for LINDSEY 0 BOWLIN Title REVENUE OFFICER (717) 777-9623 22-06-1413 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 - 2 C.B. 409) Part 1 - Kept By Recording Office Exhibit I Form 668(Y)(c) (Rev. 2-2004) CAT. NO 60025X -1Da3 FTL Form 668 (Y)(c) (Rev. February 2004) 11883 Department of the Treasury - Internal Revenue Service Notice of Federal Tax Lien Area: SMALL BUSINESS/SELF EMPLOYED AREA #2 Lien Unit Phone: (800) 913-6050 Serial Number 975790613 For Optional Use by Recording Office r i OTF{QN{?:r,?,;,,''; 2614 JAN -2 Pri z: zj PENNS YLCUMBERLAND NFA ti! T Y As provided by section 6321, 6322, and 6323 of the Internal Revenue Code, we are giving a notice that taxes (including interest and penalties) have been assessed against the following -named taxpayer. We have made a demand for payment of this liability, but it remains unpaid. Therefore, there is a lien in favor of the United States on all property and rights to property belonging to this taxpayer for the amount of these taxes, and additional penalties, interest, and costs that may accrue. Name of Taxpayer DANNY & CARRIE RAUDABAUGH Residence PO BOX 1275 CARLISLE, PA 17013-6275 IMPORTANT RELEASE INFORMATION: For each assessment listed below, unless notice of the lien is refiled by the date given in column (e), this notice shall, on the day following such date, operate as a certificate of release as defined in IRC 6325(a). Kind of Tax (a) Tax Period Ending (b) Identifying Number (c) Date of Assessment (d) Last Day for Refiling (e) Unpaid Balance of Assessment (f) 1040 1040 1040 1040 12/31/2002 12/31/2005 12/31/2011 12/31/2012 XXX -XX -9373 XXX -XX -9373 XXX -XX -9373 XXX -XX -9373 05/26/2003 10/30/2006 06/03/2013 12/02/2013 06/25/2023 11/29/2016 07/03/2023 01/01/2024 1421.59 158.19 1197.49 177.94 *a,.O P13 eaQgaq� Place of Filing Prothonotary Cumberland County Total Carlisle, PA 17013 $ 2955.21 This notice was prepared and signed at DETROIT, MI on this, the 24th day of December 2013 Signature for LINDSEY 0 BOWLIN Title REVENUE OFFICER (717) 777-9623 22-06-1413 (NOTE: Certificate of officer authorized by law to take acknowledgment is not essential to the validity of Notice of Federal Tax lien Rev. Rul. 71-466, 1971 - 2 C.B. 409) Form 668(Y)(c) (Rev. 2-2004) Part 1 - Kept By Recording Office CAT. NO 60025X Exhibit J -._ _ Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY, :.r.! THE. PRO atio, tit Uhlbet( ,y,r)� 2015. JA -7 PH 2: 146 CUMBERLAND) COUNTY PENNSYLVANIA Northwest Consumer Discount Company vs. Danny L Raudabaugh (et al.) Case Number 2014-2889 SHERIFF'S RETURN OF SERVICE 12/19/2014 Sheriff Ronny R Anderson, being duly sworn according to law, states he made diligent search and inquiry for the within named Defendant to wit: United States of America, but was unable to locate the Defendant in the Sheriffs bailiwick. The Sheriff therefore deputizes the Sheriff of Dauphin, Pennsylvania to serve the within Complaint in Mortgage Foreclosure according to law. 12/23/2014 09:20 AM - The requested Complaint in Mortgage Foreclosure served by the Sheriff of Dauphin County upon Susan Melendez, Administrative Assistant, who accepted for United States of America, at c/o Attorney for the Middle District of PA, 228 Walnut Street, Harrisburg, PA 17108. Jack Lotwick, Sheriff, Return of Service attached to and made part of the within record. SHERIFF COST: $37.00 SO ANSWERS, December 30, 2014 fc) CountySuito Sheriff, Toleosoft, Inc. RM' R ANDERSON, SHERIFF Olt Shelley Ruhl Real Estate Deputy Matthew L. Owens Solicitor Commonwealth of Pennsylvania Dauphin County 101 Market Street Harrisburg, Pennsylvania 17101-2079 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Jack Duignan Chief Deputy Michael W. Rinehart Assistant Chief Deputy NORTHWEST CONSUMER DISCOUNT COMPANY VS County of Dauphin UNITED STATES OF AMERICA Sheriffs Return No. 2014-T-3232 OTHER COUNTY NO. 2014-2889 And now: DECEMBER 23, 2014 at 9:20:00 AM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon UNITED STATES OF AMERICA by personally handing to SUSAN MELENDEZ * 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and making known to him/her the contents thereof at FEDERAL BUILDING, 228 WALNUT STREET, SUITE 220 HARRISBURG PA 17108 * ADMINISTRATIVE ASSISTANT Sworn and subscribed to before me this 26TH day of December, 2014 COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Karen M. Hoffman, Notary Public City of Harrisburg, Dauphin County My Commission Expires January 8, 2018 So Answers,/),e7c,„.4. Sheriff of Dauphin County, Pa: I By Deputy Sheriff Deputy: MICHAEL E KLINGER Sheriffs Costs: $41.25 12/22/2014