HomeMy WebLinkAbout05-2205
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SHAPIRO & KREISMAN, LLC
BY: DAVID FEIN, ESQ., JOSEPH REJENT, ESQ.,
AND ILANA ZION, ESQ.
ATTORNEY l.D. NOS. 82628, 59621 & 87137
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24084
Washington Mutual Bank, FA
P.O. Box 1169
Milwaukee, WI 53201-1169
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 05- J...<lo ~ (!~
VS.
Beth A. Fetterhoff and
John G. Fetterhoff
56 Broad Street
Newville, PA 17241
DEFENDANTS
COMPLAINT - CIVIL ACTION
MORTGAGE FORECLOSURE
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. IFYOU DO NOT HAVE A
LA WYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO
FIND OUT WHERE YOU CAN GET LEGAL HELP.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE 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 Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
CarlisIe, PA 17013
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT YOU ARE ADVISED THAT THIS LAW
FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
,
NOTICIA
LE HAN DEMAND ADO A USTED EN LA CORTE. SI USTED QUIERE
DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,
USTED TIENE VIENTE (20) DlAS DE PLAZO AL PARTIR DE LA FECHA DE LA
DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENT AR UNA AP ARIENCIA
ESCRIT A 0 EN PERSONA 0 POR ABOGADO Y ARCHlV AR EN LA CORTE EN
FORMA ESCRIT A SUS DEFENSAS 0 SUS OBJECIONES A LAS DEMANDAS EN
CONTRA DE SU PERSONA. SEA A VISADO QUE SI USTED NO SE DEFIENDE, LA
CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN
PREVIO A VISO 0 NOTIFICACION Y POR CUALQUlER QUEJA 0 AUVIO QUI<~ ES
PEDlDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO 0 SUS
PROPIEDADES 0 OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE EST A DEMANDA A UN ABOGADO INMEDlA T AMENTE. SI NO TIENE
ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VA Y A EN PERSONA 0 LLAMEPOR TELEFONO A LA OFICINA CUY A DlRECCION
SE ENCUENTRA ESCRIT A ABAJO PARA A VERIGUAR DONDE SE PUEDE
CONSEGUlR ASISTENCIA LEGAL.
Cumberland County Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
SHAPIRO & KREISMAN, LLC
BY: DAVID FEIN, ESQ., JOSEPH REJENT, ESQ.,
AND ILANA ZION, ESQ.
ATTORNEY I.D. NOS. 82628, 59621 & 87137
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, P A 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24084
Washington Mutual Bank, FA
P.O. Box 1169
MiIwaukee, WI 53201-1169
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO:
VS.
Beth A. Fetterhoff and
John G. Fetterhoff
56 Broad Street
Newville, PA 17241
DEFENDANTS
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, Washington Mutual Bank, FA, the address of which is, P.O. Box 1169,
Milwaukee, WI 53201-1169, brings this action of mortgage foreclosure upon the following cause
of action:
1.
Parties to Mortgage:
Mortgagee: Washington Mutual Bank, FA
Mortgagor(s): John G. Fetterhoff and Beth A. Fetterhoff
(b)
Date of Mortgage: October 12,2001
(c)
Place and Date of Record of Mortgage:
Recorder of Deeds
CumberIand County
Mortgage Book 1735 Page 4122
Date: October 16, 2001
The Mortgage is a matter of public record and is incorporated herein as provided
by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached
hereto and marked as Exhibit "A" and incorporated herein by reference.
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(d) Assignments: None.
2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal
successor in interest to the original Mortgagee, or is the present holder of the mortgage by
virtue of the above-described Assignment(s).
3. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by
the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as
Exhibit "B."
4. The real property which is subject to the Mortgage is generally known as 56 Broad Street,
Newville, PA 17241 and is more specifically described as attached as part of Exhibit "A":
5. The name and maiIing address of each Defendant is:
Beth A. Fetterhoff, 56 Broad Street, Newville, P A 17241; John G. Fetterhoff, 56 Broad
Street, Newville, P A 17241
6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both.
7. The Mortgage is in default because the monthly installments of principal and interest and
other charges stated beIow, all as authorized by the Mortgage, are due as of October 1,
2004 and have not been paid, and upon failure to make such payments when due, the
whole of the principal, together with charges specifically itemized beIow are immediately
due and payable.
8. The following amounts are due as of April 16, 2005:
Princioal of Mortgage debt due and unoaid $89,451.85
Interest currently due and owing at 5.875% per annum
calculated from September 1, 2004 at $14.40 each day $3,283.20
Late Charge of $27.50 per month assessed on the 16th of each
month from October 16, 2004 to April 16, 2005, (7 Months) $192.50
Escrow Advances made by Plaintiff $105.87
Accrued Late Charges $246.59
NSF Check Fee $45.00
Property Inspection $2.00
Title Search/Report Fees $250.00
Attorneys' Fees and Costs $1,500.00
TOTAL $95,077.01
9. Interest accrues at a per diem rate of 14.40 each day after April 16, 2005 that the debt
remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other
expenses, costs and charges collectible under the Note and Mortgage.
10. The attorneys' fees set forth above are in conformity with the Mortgage documents and
Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff's
sale. If the Mortgage is reinstated prior to the sale, reasonabIe attorneys' fees will be
charged based on work actually performed.
11. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S.
9 1680.402c, et sea., was sent to each individual Mortgagor at their maiIing address and/or
the mortgaged property address by first-class mail and certified mail. Pursuant to the act of
December 2I, I998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information
required by the act of March 14, 1978 (P.L. 11, No.6), 41 P.S. Section 403 et seq., and
separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached
hereto as Exhibit "C".
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in
favor of Plaintiff and against Defendants, jointly and severally, in the amount set forth in
paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and
charges collectible under the Note and Mortgage and for the foreclosure and sale of the
mortgaged premises.
SHAPIRO & KREISMAN, LLC
Date:
'-I. d-l-() "5
BY: Y-,rOI1 /lw aCrlz--.
IlamrZion, Esqui~ n
Attorney for PIaintiff
S & K File No. 05-24084
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AFTER RECORDING ReTURN TO: ,-u B~.' ,II'" C ,"l'i'(~'H
wasl1:ln.g'ton Mu.tual lllil2lk, FA ~ M t 1\\."',," \I , I "
clo ACS :tMAGlil SOLtrr:tONS , 01 OCT 16 A III 15
12691 PAlJ\. IlRXVZ - )olS1561ll?CA ~ .
GIUW:i:1l GaOVE, CA 92841
[Speclll Above This Line For Reoording Datal
IaWIN MCXN:t~ & ROSKES 4305329
MORTGAGE
03-6119-005016896-2
DEFINI1'IONS
Words used in mUltiple sootions of this document are defined below end other words are deflnsd
in Ssctlons 3. 11. 13. 1 B, 20 and 21. Certliin rules rsgardlng the usage of worde used in thIs
documel1t are 81so provided in Seatlon 16.
IA) .SeCl.lrlty Instrument" me8Mll this dooument, whioh is elated O<!Mber :J.2. 2001
together with ell Riders to this document.
(8) "Borrower" i$ JORN G. n~~'l'elfIlOPF Al\m RRTR A. FI!lTTml!HO~F, HuaBAt4D Jam 'Inn
Borrower is tha mortgagor under this Security Instrllment.
leI .Lendsy. is Wailhil1gton MIltual BII%lk, fA. a federal ".sClciaticn .
Lander Is a Bank organiZed end existing und.r th. lews
of united st_tee of Amerioa Lender's address ie:
400 ~a.t Main Street Stockton, CA '$3~0
Lender is the mortssgee under this Seourlty Instrument.
ID} "Not.. means tn. promissory hote signed by Borrower and dated Ootober 12, 2001
The Nota stllt$S that BorrOWer owes Lender lllilltltY-One Thol1l5and & 00/100
Dollars (U.S. $ 8)',000.00 ) plus 1nmrsAt, Borrower hes promiSlld to pay this debt in
reguler P.riadlc Payments and 10 pay the dabt in full not later than NoV'amber 1. 2031 .
lEt "Property" muns the property that is dssc:rlbad below under t/1e ha8cling "Transfer of Flights
In the Property."
IFI "Leen" means the debt evidenced bV the Nots, plus intarest. any prepayment charges and late
chsrgll8 due under the Note. and sll sums due undar this Security Instrument, ph./8 interest.
PINNS'tLVAN\A
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(Gl "Ride,." m..ns all Riders to this Sec~rlty Instrument that are ",,"cuted by Borrowsl. The
following Aiders ere to be &xecuted by Bcrlowllr [oheck box es eppllcablel:
o Adjustable RIlte Rider 0 Condomillium Rider 0 1-4 Fsmlly Rid..r
o Clredueted l'lIyment RIder 0 PIllnned Unlt ll4velopment Rider 0 SIw"..kly Payment Rldsr
o Balloon Alder 0 Raft Improvsment Rider 0 Second Heme Ridlll'
o Oth8l'(sllsp80lfyl
(HI "Applicable Law" means all controlling applicable federlll, state and local statutes. regulations.
ordinances 8nd lldministrativa lulea Ilnd orders lthlt have the effect of law) as wall as all
applicllble final, non-appealable judicial opinions.
(II "Communi", Assoo1allon Cu... l'e.., ond AI"slm'lelltO" means all d~8S, fGes, ass_menta
and othel charges thet are imposed on Borrower or the Property by a oondominium aS80cilltlon,
homeowners ll&aoGllltion or similar organiz!1ion.
(JI "Electronic Fund:l Transfer" means eny tranafer of funds, other than a transaction originated
by check, drllft, or similar papar instr~ment, whloh Is initiated through an electronic terminal,
talephonlc Inwument, computllr, or magnetio tapa so as to order, Instr~ct. or authorite II financial
Institution to debit or credit an account. S~ch term Includes. but Is not limited to, point-ol-aale
winSlers, automated tellar machine transactlons, trllnllfers initiated by telephone, wire transf9rs.
and Butomated Clearinghouse transfers.
IKI ""crow Items" meens thoMltsms that are described in Seotion 3.
IL) "Mlagollaneous PloCl8lldll" means any companeetlon, sattlement, award of damallG8, or
proceeds, whether by Wey of IUdgment, settlement or otl1arwisa, paid by any third party (other
than insuranoe proceeds peld under the ooverage. described In Section 6) for: Ii) damage to. or
destruction of, the Property; (iil GOndemnation or other taking of all or any part of thll Property;
(iii) convQyanoe In lieu of condemnation; or (Iv) misrepresentations ot. or omissions es to, the
valulI and/or condition of the Property.
IMI "Mol'llltlss 'nsuranCll" means Inaurentll protecting Lender against the nonPBvment of. or
default on, the I.oan.
(NI "Periodic Payment" maans the regUlarly scheduled amount due Tor (I) principal and inter...t
under tile Note, plus (i\} any amQunts under Section 3 of this Sscurity Instrument.
(01 "FlESPA" means the Real Estate Sattlement Procsd~res Act 112 U.S.C. Section 2601 at seq.l
end its implementing regulation, Reg~'atjon X (24 C.r.R. Part 3500), as they might be amended
from time to time, or any additional or sucoessor legislation or regUlation that governs the same
llubJeot mlltter. Ae uaed In thia Security Instrument. "RESPA" refers to all requiremllflts and
restrictions that ale Imposed in regard to a 'federally related mortgage loan' even If the Loan does
not qualify liS a "federelly related mortgage loan" under RESPA.
(PI "$II_81or In Int.,..t of Borrower" msens IIMV Ilarty that hilS taken title to the ?rQPerty.
whether or not that party has assumed BorrOWer's obligations Under the Note lIl1d/or this Seourlty
Instrument.
TFlAN$~eR OF RIGHTS IN THE PROPERTY
This Security lnstlument secures to Lender: (i) the repayment of the Loen, end all ranewals,
eKlenslcnll and modiflcet/ons of the Notel !li) the performence of Sorrower's covenanUi and
agreements under this SecuritY Il\8trument end the Notal and (Iii) the performance Qt ell
egleemel'lts of BorroWer to pay fees and charges eriaing out of the Loen whether or not herein sel
forth. For this purpoae, Borrower doss hereby mortgage, grant and convey to LenCler the
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following described property looated in
Pennsylvania:
SIlS l\.'rTACJll!lD
nwnber'll!!1.J'ld
03-6119-005016896-2
CountY,
which currently has the address of 55 liD"'''''' lI'l111!l!1>T
18lf8el1
(.Property AddreGG"):
,t)'?...
, Pennsylvanl"
17241
lZIp Coile]
TOGETHER WITH all the Improvements now Dr hereafter erected on the property, and all
easamants, appurtenances. and flxtura8 IlOW or heraafter a part of tna proparty, All replao&mants
and additions shall also ba covered by this Security Instrument, All of the foregoing is referred to
In this 5acurlty Instrument ae the "Property."
BORROWER COVENANTS that Borrower is lawflllly eeised of the estate hereby oonveyed
and hes tha right to grent and oonvey the property and thet the Property Is unencumbered, except
for encumbrances of record. Borrowar warrants end will defend (Ienerally the title to the Property
egainst all olelms and demands, subject to any encumbraneas of record.
THIS SEOURITY INSTRUMENT combines uniform covenanlll for national use and
noncuniform oovenants with limited veriatlons by Jurisdiction to constitute a uniform security
instrument covering real proplll'ty.
uNIFORM COVENANTS. Borrower end !.ender covenant end agree as follows:
1. Payment of Principii. Int8til8t. E8crow ltem8, ProPlIYment Chargll, mid Lito Chargaa.
Borrower shall pay when due the prinCipal of, and Interest on, thlil debt evidenc:ad bY the Nota and
any prepayment enarges and late charges due under the Note. Borrower ehall elso pay fIInds for
Esorow Items pursuBnt to Section 3. Peyments due under the Note and thle SecuritY Inatrument
eh.1I be made in U.S. currenoy. However, If any check or other instrument reoelved by Lender as
payment unaar the Note or this Seourity Inatrument is roturned ta Lendlilr unpllid, Lender may
require tnat any or all subsequent payments due under the Note and this Sscurity Instrument ba
made in ane of mare of the following forms, as seleoted by Lender: (a) cash; (bl money order; tol
certified ChllCk, tllInk chack, tre8sUI"IiI/"s check or cashier's check, provided eny such check is
drawn upon 61'1 Institution whose dsposlts ara insured by a federel agency, instrumentality, Dr
entity; or (dl Electronic Funds Transfer.
Payments sre deemed received by Landar when received at the looatlon designated in the
Note or at such other location as mey ba deslgnatad by Lender in 'eecordance with the notice
prOVisions in Section 15. Lender may return any payment or partial payment if the payment or
pertlal payments are insufficient to bring the Loan current. Lander may aCOlilpt any payment or
partiel psyment insuffiolant to bring the Loan current, without waiver of any rights hereunder or
prejudice to its rights to refuse such paymem Dr partial payments in the future, but Lend8l' is not
obllgeted to apply suoh paymantll at the time such paymente ara accepted. If each Pariadic
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payment Is epplied es of its sOheduled due date, then Lender heed not pay interest on unapplied
funds. Lender may hold sLlcn unapplied funds umll Borrower make" payment to bring the LOlln
current. If Borrower does not do so within a reasonable period of time, Lender shall eithef apply
such funds or return them to Barrower. If not lIPplled eerlier, such funds will be epplied to the
outsterlding prhiclpal balance under the Note immediately prior to foreclosure. No offset or ol..lm
wltlch Sorrower mIght hav.. now or in the future sgllins! Lender shall relieve Borrower from
making payments dua under the Note and this SIICUritV Instrument or performIng Iha covenants
end agreements secured by thla Ssourity InstrLlment.
2. AppliClltlon of PII'fIIIGntli or Proceeds. Exoept aa otharwise desoribllCl in this Section 2.
sll peymants 8CCspted and applied by Lender shllll ba applied in the following order of priority: (a)
interest due undar the Note; (b) principal due undl' the Note: (c) amounts due under Section 3.
Such paymentli chall be spplied to asch periodlo psymem in the order in Which it beceme due.
Any ramalnlng Jmol.lnts shall be applied first to late chargee, second to any other amounts due
under this Security Instrument, and then to reduce the prinCIpal balanee of the Note.
If Lander recalves a payment from Borrower for a delinquent Periodic Peymllm which
inclLldee a sufficient amount 10 pay any I~a oharge dUB, the payment mey be ePr:>lIed to tha
delinquent plymant and ths late oharsa. If more than one Periodic Payment is outstanding, Lander
may apply any paymant recalvad from Borrower to the repayment of the Pllriodic Payments If, 8TId
to the ..><tent that, each payment can be paid In full. '1'0 tha extent that any excelS3 exists after the
paymllnt is applied to the full peymlll'lt of one or mol'8 PerIodic Paymllms, euch exees' may be
applied to any lata Qharges dua, Voluntary prepeymentll shall be applied first to any prepayment
oharges and then aa desoribeclln the Note.
Any epplioation of payments, insLlranee prooeeds, or MisoElllaneoLlll Prooeed. to prinCipal
due under the Note shall not extend or postpone the due dille, or ohange the amount. of the
Periodic Payments.
3. Fundi for eacrow Itema. Borrower shall pay to Lsnder on the day Periodlo Payments 8re
due under the Note, until the Nota is paid In full, a sum (the "Funds") to provida for payment of
amounts due for: (a) telles and aesessments and other items whiCh can attain priority over this
$ecurity instrument a:s a Uen or encumbranoe of IDU rtopsriy; (oj tt:l.&~.h"id piiymitnta Oi gruund
r,nts on tha Property, if any; (c) premiums for any and all insurance requirad by l.endar under
Section 5; snd Id) Mortgage Insuranca premlumll, if any. or any sums psyable by Borrower to
Lende~ in lieu of the payment of Mo"ssge Insurance premiums In aocordance with the provisions
of Section 10. These items sre celled "Esorow Itema." At origination or at any time during the
term of the Loan, I.ender may require that Community Associetion Ol.KlS, Fees, end Assessments.
If any, be ell()rowed by Borrower, and such dues, fees and 8SHlTSmenta shall be an Escrow llam.
Borrower shall promptly furnish tb Lender all notioes of emounts to be pllid under this Section,
Borrower shall Pay Lander the Funds for Escrow Items unless I.endor WS;V8S Borrower', Obligation
to pay the Funds for eny or ell !ecrow Items. Lender may waive Borrower's obligation to pay to
Lender Funds for any or all Escrow Items st any time. Any sUllh waiver may onlv be in writing. In
the avent of euah waiver, Borrower shali pay directly, when and where payabla, the amounts due
for any Esorow Item. for which p.yment of Funds has been waived by Lendar and, If ~ender
reqLlires, shall furnish to Lender raaeipts evidencing such payment within such time period es
Lender mill' rllquire. Borrower's obligation to make such payments and to provide receipts shall
for all pLlrposes be deemed to be a covenant and agraemllm contained in this SeDurlty Instrument,
sa the phrase .ooVanant and llllreemam" is used in Section 9, If Borrower is obligated to pay
Escrow ItJms directly, pUrSLlSnl to . wlllver, and Borrower fails to pey the amount due for en
cscrow Itam, LlInder may exerclee Ita rlghta under Seotlon 9 end pay such amount and Borrower
shall than be obligated under Section 9 to repey to Landor any suoh emount. Lender may revoke
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the welver as to any or all Eacrow Itema at any time by a notioe given In acoordance with Section
16 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that
era than required under this Ssctlon 3.
Lender may. at any time. collect Bnd hold Funds in an amount (a) sufficient to permit Lender
to apply the FundS at the time specified under flESPA, lInd (b) not to exoeed the maximum
amount a lander can require lmder RESPA. Lander ahall eatimete the amount of Funds due on the
basis of current date and reasonable eslimms of expenditurea of future Escrow lteme or
otharwlse In acccrdance with Applicable Law,
The Funds shall be held In an Institution whose deDosits are insured by a federal asancy,
Instrumentality, or entit'( (Including Landar, If Lender la en institution whoss deposits ere ao
insured) or In any Federal Home Loan Bank. Lender ahall apply the Funds to pay thll Escrow Items
no later than the time speo/fled under FlESPA. Lendar shell not charge Borrowar for holdIng and
epplying the Funds. annually analyzing the escrow account, or verifying the Escrow Items, unless
Lender pays Borrower Interest on the Funds Bnd Applioable Lew pllrmits LenaIII' to make such e
charge. Unless an egreement is made In writing or Appliceble Law requires interest to be paid on
the Funds, Lender shell not be required tl;l pay Borrower any interest or 811mlngs on the Funds.
Borrower and Lender can agree in writing, however. that interest shall be paid I;ln the Funds,
Lender ehell give to Borrower, without charge, 8n annual eooounting of the Funda es required by
AESPA.
If there Is e lIurplu& of Funda held in 88crow, as defined under RESPA, Lender shall
account to Borrower for the exee. funds in eccordence with RESPA. If there Is e shl;lrtllge of
Funda held in escrow. lIS defined under RESPA, Lender shall notify Borrower a8 reqUired by
RESPA. and Borrower shall pay to Lander the amount necenary to make up the ahortage In
aCQOrdence with RESPA, but In no more than twelve monthly peyments. If there I. Il deficiency of
Funds held in esDrOW, as defined under RESPA, Lender shall notify Borrower IS required by
RESPA. and Borrowar shell pay to Lender the emount necessary to make up the defioiency In
lIccordanoe with ItESPA, but In no more than twelve monthly poyment,.
Upon payment in full of 11I1 aums secured by this Sacurity Instrument, Lender shell
p!"c!'!'!p>t!y refund to f30iicwir Giil, rUiiuit h"id .by Lender.
4. Charges: Uens. Borrl;lwer shall pay all t8xes, assessments, chargee. fines, and
impositions attributable to the Property whioh can attain priority over thi& Security Instrument,
leasehold peyments or ground rents on the Property, if any, lInd COmmunity Association Dues,
FellS. end Assessments, If eny. To the llxtant that these Items ara ESCrow Items. Borrower shall
pay them In the mlnner provided In Section 3,
Borrower shell promptly discharge any lien whioh has priority over this Security Inetrument
unless borrower: (a) agre.... in writing to the peyment of the obligation secured by the lien In e
manner accepteble to Lender, but only so long as BorrOWer Is perfonming such egrsementl (b)
contesls the lien in good faith by, or defenda egainst enforcement of the lien In. legel prooeedings
which in Lender's opinion operAte to prevAnt the enforcement of the lien whillt thoa.. proceeding a
ere pending, but only until such proceedings are concluded; or (cl secures from the holder of the
lien an agrltement setisfactory to Lender SUbordinating the lIan to this Security Inatrurnent, If
Lender determines that any pel'1: of the Proper1;y la subjllCt to a lien whioh cen ettein priority ovtlr
Ihls Security Instrument, Lender may give Borrower a notloe Identifying the lien. Within 10 daYll of
the date on which thet notice is giVen. Borrower shall satisfy the lien or teka one or more of the
sctlons set forth above In this Section 4,
~ender may require Borrower to pay s one-time charge for a real estate tax verification
and/or reporting service used by Lender In connection wi'th this Loan.
PENN~iIYWAIIIIA
7323tlO2:-011
PSllo6QI18
TO BIl: RBOOIIDIl:r>
I
ST'd
T2T'ON
31~lS3 l~3~ NIlN~~j
W~62:L S002'92'~d~
03'61~9-00S0168'6-2
5. PJoperty Il1auranoe. Botfowar shell keep the improvements now eKistlng or hereafter
erected on !hill Proparty Inellrad lIlIainet loss by fire. hu.rde included within thlll term "extended
coverage," and any other hszuda includIng, but not I1mlted to, eerthquek.. end floods, far which
Lender requirOll Inluranllll. This InGuranCll shall be mlllmaihed in the amounts (including deductible
levels) and for the periods that Lender reqUires. Whllt Lender rlllqulres pursuant to the preoedlng
sentences cen change during the term of the Loan. The insurance carrier providing the insurance
shell be chosen by Borrower subject to Lender's right to disapprove Borrower's chorce, which
risht shall not be &xercised unrllasonably, Lsnder may require Borrower to pay. in connection with
this Loen, either: (II) a one-time chatga for flood lone determinlltion, osrtlficatlon and tracking
services: or (b) a one-time charge for flood zone determination and certificliltlon eervlcea llnd
lubsequent chargas eaoh time remappings or .Imilar ohanges occur which raesonably might effect
,uch determination or cartiflcatlon. Borrower shall also be responSible for the payment of .ny faas
Imposed by the Federal Emergency Manllgament Agency In oonneotion with the review of any
flood zone daterminlltion r..ulting from lII'I oI1/ection by Borrower.
If Borrower falls to maintain env of the coveraglls deacribed IiIbove, Lender may obt.in
insurance coverage, lilt Lander's option end Borrower's expense. Lander is under no obligation to
purchase IIny partiCUlar type or amount of ooverage. Lal'\der may purchase llUch insurance from
or through any company Iloceptableto Lender including, without limitation, en affili8te at Lender,
alid Borrower acknowledges and egreas thllt Lender's affiliate may receive consIderation for such
purchasa. Therefore, suoh coverage shall cover Lender, but might or might not protect BorroWer,
Borrower's equity In the Property, Dr the contentS of the Property, agelnst any risk, hazard or
liability .nd might provide greater or leaser coverage than was previously In effect. Borrower
acknowledges that the cost of the ineurance coverage eo obtained might significantly excead the
cost of Insuranca that Borrower could have obtained. Any amounta disbursed by Lender under this
Section 5 shall become additional dabt of Borrower secured by this Security Instrument, Theae
IImounta shall beer InterBSt at the Note rate from the date of disbUreement and shall be payable,
with much interest upon notice from Lander to Borrower requsstlfl9 payment.
All Insurance policlea required by Lender and renllwals of such polioes shall be subJlIlct to
Lemu~t' ~ iiw;-Jl lV d;illij:),i::iiuVtl iuoh POlli;!Uii, Sl'ial1 iiicluda i &tatidiiiid mCit;&S; cl~u::'g, ~nd sh:!!
neme Lender es mortgagee and/or as an additional 108S peyee. Lender ShBIl have the right to hold
the policies and ranawal certlficatel. If Lander requires, Borrower shall promptly give to Lender all
receipts. of paid premiums and renewal notices. It Borrower obtlilins any form of Insuranca
Coverage, not otharwise raquired by Lender, for damage to, 01 destruction of, the Property, such
policy ahall include a standerd mortgage clause and shall nsme Lender 88 mortgages and/or as an
additional lose pavea.
Borrower hereby absolutaly and Irrevoclibly assigns to Lender all of Borrower's right, titla
IInd interBSt in end to all proceeds from any insUrllllCe policy (whethar or not the insurance policy
waa required by Lender) thet are dUe, paid or payable with respeot to any damage to suoh
property, regardless of whethar the Insurence policy is established before, on or lifter tl'le data of
this SecuritY ihlltrument. By absolutely and irrevocably assigning to Lander all of BDrrower's
rights to receiva any snd all prooeeds from any insurance policy. Borrower hereby WaNea, to ths
full extent ellowed by law, all of Borrower'e rights to receive any end all of such insurance
proceeds.
Borrow81 hereby absolutely and irrevocllbly IIssigns to Lender all of Borrower's right, title
and Interest in and to (e) any end all claims, present and future, known or unknown, abSOlute or
contingent, (b) any and 1111 ceUS8$ of action, (c) any Bnd all judgments and settlamenls (whether
through litigation, madiatlon, arbitration or otharwisal, (d) any and all funds sought llIlalnst or
from any Pllrty or pertiss whosoever. and (e) any and all funds received or receivilble in
connection with any damage to such propertY. reSUlting from any cause or causes whatsoever,
P!iiNNBYlV,l,N1A
133311030011
Pigs 6 of 16
TO BII: 1lllCORIlIID
I
91'd
1Z1'ON
31~lS3 l~3d NIlN~d~
W~0E:L S00Z'92'dd~
03-6119-00501'896-2
including but not Iimitfld to, lend lublldence, lendsllde, windltorm, eerthQuake, fire, flood Or any
other oause.
Borrower egrees tc execute, acknowledge If rSQuestad, and deliver to Lender, and/or upon
notice from Lender Shall request any Insuranoe aganoy or oompany that has Issued any Insurance
policy to execute and deliver to Lender, MY edditionel instrumentl or documents requested by
Lender from time to time to evidence Borrower's absolute and Irrevllcable assignments 68t forth in
this paragraph.
In the avant of 10&8, Borrower shall give prompt notice to the Insurance carrier and Lender.
Lender may make proof of loss If not made promptly by Borrower. Unlees Lander and Borrower
otherwise agtee In writing, eny insurance proceeds, whether or not th. underlying Insurance was
required by Lender, shall be epplied to restoration or repair of the Property, if the restoration or
repelr Is economically feaaiblll and Lender's security is not lessened. Ouring luoh repair /Ind
restoration period. Lender shall have the right to hold such insurance proceeds until Lender has
had an opportunity to inspact such Property to ensure 1he work hae bean completed to Lender's
satlsfaotlon, provided tI1at such inspsctlon shall be undertaken promptly. Lender may disburse
proceeds for the repairs and rmoration in e aingla payment or In a series of progrees payments as
the work is oompleted. Unless en agraement i. mad. In writing or Applicable Law requirlls interest
to be paid on such Insurance proceade, Lender shsll not be required to pay Borrower eny Interest
or earnings on suoh proceeds. Fees for publlo edJuster., or other third parties, retained by
Borrower shall not be paid out of the lnaurence proceed. i1nd shall ba the $ola obligation of
BorrOWer. If the restoration or repillr Is not economioaIly feasible or Lender's security would be
lessened, the Ineurance proceeds shllll be applied to the auma secured by this Security
instrument, whether or not than due, with the excess, if any, paid to Borrower. Such insurance
proceeds shell be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lander may file, nsgotillte and settle any BVeileble
insurenC$ claim end related mattera. If Borrowar does not respond within 30 days to e notice from
Lender that the insurllnce carrier has offared to settle a clelm, then Lender may negotiate end
settle the claim. The 3D-day period will begin when ths notice is given. In either event. or if
!..!mde~ e:~:.::re~ the r-i:;p;rty ..md;r S~Q.tiOii 22 Of uil'ii::fwiii:lits, 6grrowsr hereby assigns to Lender
(a) Borrower's rights 10 any inaurance prooeeds in sn amount not to exceed the amounts unpaid
under the Note or thia Security Instrument, end (b) any other of Borrower's rights (other thsn the
right to any refund of unearned premiums paid by Borrowar) under all Insurance policies covering
the Propsrtv, Insofar 88 suoh rights are llppllCllble to the coversge of the Property. L.ender may
Use the InsurenC8 proceeds either to repair or restore the Property or to pay amounts unpaid under
the Note or this Security Instrument, whather or not then due,
Il. Ocoupancy. Borrower shall occupy. ll8tabUsh, and uaa the Property as Borrower's
principal residence within slxtv days after the execution of this SecuritY Instrumont and shell
continue to occupy the Property as Borrower's principal residence for et least one year after the
date of occupency, unle" Lender otherwise agroes In writing, Which oonsent shell not be
unre811Dnably Withheld, or unless extenuating circumstanoes exist which are beyond Borrower's
control.
7. Preeervatlon, Malntenlll108 end ProteotiOl\ of the Property; Inspections. Borrower shall
not destroy, demage or Impelr the Proparty, or remove or demolish any building thereon, allow the
Property to deteriorate or commit waste on the Property. Whathar or not Ilorrower is reaidlng In
the property, Borrower shall maintain the Property in good condition and repelr In order to prevent
the Property from deterlQrating or decreaalng in value due to its condition. Unl8$S It is determined
pursuant to Seotlon 5 that rapalr or restorlltion Is not eoonomioelly feasible, Borrower Shllll
promptly repeir the Property in good and workmanlike manner if damaged to avoid further
~m~~~~r
Pege 7 01 16
TO BllI RBCOUllll'l
I
Ll:'d
TeTON
31~lS3 l~3~ NIlN~~j
W~TE:L S002'92'~d~
03-6119-0050158ge-2
dete(lOretion or dllmsge. Lender ehell. unless otherwise agreed In writing between l.ender and
Borrower, have the right to hold inauranoe or oondemnatlon proceeds. If insurance or
condemnation proceeds are paid In conneatiQn with damage to, or 111& teldng of, the Propertv,
Borrower shall be responaible for repeiring or restoring the Property only if Lender hila relellSed
proceeda for suoh purpoaas. Lander may disburse procevds for the repaira and restoration in e
eingle payment or In e series of prclgrees PB'lments 18 the work Is compl~.d, It the insuranOll or
condemnation proceeda are not sufficient to repeir or restore the Property, Borrowar Is not
rellaved of Borrower's obligation for the completion of .och repair or restoration,
Lendsr or Its agent mey make reascnabl. entrlll8 upon and Inspeotions of the Property. If It
has reasonable ceuse, Lender mllY Inapact the interior of ths improvement& on the Propertv.
Landlll shllll give Borrower notice at the time of or prior to such en interior InsPrlction epecifying
such reasonable cluse. Lender does not make any werranty or representation regarding, and
aHumes no responsibility for. the work done on tht PrOptrtV. and Borrower shell not haVtl any
rillht to rely in eny way on eny inapaction!s) by or for Lander or its egGht, Borrower "hall be
solely responsible for det.mlninll thllt the work Is done in a good, thorough. efficient and
workmanlike manner in aocordance with ell eppJicabllllews.
Borrower shall (s) appear In and defend any action or proceeding purporting to lIffeot the
NOurit'( hereof, the Property or the rights or powers of Lender; (b) at l.ender's option, assign to
Lender, to the extant of Lender's Intelsst. any dalms, demands, or OlUse8 of aotlon of any kind,
and eny award, oourt judgement. or procaa~ of settlement of any 8uch olaim, demGnd or clUae
af action of any kind whloh Borrower now hBl Of may herllllftBf acquire lll'ising out of or relatlng
to any Interest In thll lICqulettion or OWMrshlp of the Property. Lender shllll not heve eny dUt'( to
prosecute any such claim, demand or cause of aotlon. Without Iimltfng the foregoing. any such
oleim, demand or cause of Ilction Brialng out of or relating to any interest In the acquisition or
ownB/shlp of the Property may inolude (lJ any su.;h Injury or damalle to the PropertY including
without limit injury or damage to any struoture or Improvement situated thereon, (ii) or any Claim
or cause of action In favor of Borrower which lll'ises out of the tranaactlon finanoed In whole or in
part by the making of the loan ..cured herebv, (fli) any claim or oause of action in fevor of
Borrower \IllCCllPt for bodily Injury) which 8'i~'i'!! ~5 e rc::.:it of ",'y n811iigent or Imprclper
""n~1ruction, Installation or repair of the Property IncludIng without limit, ....y surfaoe or
"ubsurfllce thereof, or of any bulldinll or structure thereon Or (Ivl lIny procaeds of lnsul'llnoe.
whether or not required by Lender payable as a reault of any dellUlg8 to or otherwise relating to
the Property or eny Interest therein. Lender m.y applY, use or release such monies so racelved
by it in the same manner 18 provided In Paragraph 5 for the proceeds of insurance.
8. Borrower's Loan Appl/oatlon. Borrower shall be In default If, during the Loan application
process. Borrcwsr or any pereon; or entitill8 ectlnll at the direction of Borrower or with
BorrOWer's knowledge or consent gave materially false. mi.leedlng, or Inaccurilte information or
Gtatementa to Lender (or felled to provida Lender with materiallnformationl In connection with the
loan. MlIt8rl;a1 representlllions include, but are not IimJted to. repr8$entations aoncerning
Borrower's occupancy of the PropertY .a Borrower's prinCipal resid,,"ce.
9. ProtllOtion of Lentl8r'e Interest In the Propsrty and Ri~hta Under tIIla SeollrltY lnatrument,
If <a) Borrower falle to perform the oovenants and agreemen18 contained In this SecuritY
natrurnent, (b) there ie a legal proceeding that might signlfloantly affect Lender's inter8$t In the
rop.rtY and/or rights under this Security Instrument (suoh es a proceeding In benkruptcy,
robllle, for condemnation or forf,itura, for enforcement of a lien which may attain priority aver
is Security Instrumant or to enforce laws or regulatlans). or (el Borrower "es abandoned the
operty, thon Lender may do ond pay for whatever is reesonable or appropriate to protect
ender's InterBBt in the property IInd rights under this Security Instrument, inCluding protecting
PlpS.flS
TO BS ftKCOIUll!lP
\
81'd
lZ1"ON
31U1S3 ,U~ Nl,NU~J
WUZE:L S00Z'9Z'~dU
03-&119-001016896-2
snd/or IISsessing the value of the PropertY. end securing and/or repairing the Property. Lender's
sctlons osn include, but ere not limited to: (a) peying any sums saourad by II Uen which hIlS
priority over this Security Instrument: (b) appearing In court; and (c) paying reasonable attorneys'
fees to proteot Ita interest in the PropertY and/or rillhte under this Seourily Instrument, including
Its secured position In a bankruptcy proCdedlng. Saourinll the Propert'( includes. but is not limited
to, anterlng the Property to meke repairs, chenge locks, replsce or board up doors snd wlndowe.
drain wete, from pipes. eliminate building or other oDde violations or dangerous conditions, and
heve utilities turned on or off. Atthoulli'l Lender may take action under this Section g. Lender does
not have to do so and Is not under any duty or obligation to do so. It Is agreed thst Lender inours
no liability for not taking any or ell actions authorized under this SllCtlon g.
Any amounts dlsburaed by Lllnder under this Section S shall become additional debt of
Borrower secured by thia Security Instrumant. 'rhese amOl.lntB llhall bear Interest 8t the Note rate
from the date of diebursemsnt end shall ba payeble, with suoh Interest, I,IpOn notice from Lender
to Borrower requesting payment.
If this Security Instrument i8 on a leasehold, Borrower shall comply with 1111 the provilions
of the lea". If Barrower aoquir.. fea title to the PropertY, the leuehold and the fee title ahall not
merge unless Lender agreel to the merger In writing.
10. Mori1age Ineurance. It Lender requIred Mortgage Insurance lIS a condition 01 making
.thll Loan. Borrower shall PflV the premiums required to maintain the Mortgage I~u'ance in Rffaot.
If, for any reeson, the Mortgage Insurance coverege reqUired by Lender cellSea to be lIvellable
from the mortgage insurer that previously provided such Insurance and Borrower was required to
make separately designated psyments toward the premiums for Mortgage Insurance, Borrower
shall pay the premiums required to obteln covsrlllle aubstantially equivalent to the Mortgage
Insuranca previously In effact, ill a oost sublltBntielly equivalent to the cost to Borrower of the
Mortgaga Insurenoe previously In effeot, from an altarnste mortgege insurer selected by Lender. If
sUbstentially equivllilent Mortgage Insurance covarage Is nol evallable. BorrOwer shIll continua to
pay to Lendllr the amount of the I18perately designated payments that warll due when the
insurance coverage ceBsed to be in effect. Lender willlIocept. use lInd retain these payments as a
hDn.rllfunrf~bl~ !.,!! !"9se!"'::: !n 1:0:': of MortgiQi hl;iu.lUlflG8_ Such i08$ rsnrve shall be
non-rllfundeble, notwithstanding thll fact that the Loan is ultimstely paid In fl.lll. and Lender shall
not be required to pey Borrower any interest or earnings on weh loss reserve. Leoder can no
longer require loss reserve payments if Mortgage Ineurenoe coverage (in the &mount and for the
period thst Lend", requiresl provided by en Insurer seleGted by Lender egaln becomes availllbhil, Is
obtained, and Lender requires separately designated peyments towBrd the premiums for Mortgege
Insurenoe, If Lender required Mortgage Insurence aB a oondition of.maklng the Leen and Borrower
wes required to make separately designated llayments toward the premiums for Mortgage
Insurence, Bcmower shall pay the premll.lms required to mlllntaln MQrtg8Q1I Insuranoe in effect, Or
to prOVide a non.refundable loss rellllrVa, until Lender's requirement lor Mortgage Inlurance and.
in acoordanoe with any written agreement blltween Elorrower and Lender providing for such
termination or until termination Is required by.Applioable Lew. Nothing In this Section 10 affllOts
Borrower's obligetlon to psy Interest at the rate provided in the Note.
Mortgege InSUtllnoe ralmburees Lender (Dr eny entitY that purch..8lI the Note) for certain
10568e it may Inour if Borrower doae not repay the Loan as agreed. Borrower 'e not a party to the
Mortgage Insurence.
Mortgage insurers evaluate their total riSk on all suoh insuranCll in force from time to time.
and may enter Into egreements with other perties that shara or modify their risk, or reduoe IOSlles,
These agreementll are on terms and conditions that are satisfaotory to the mortgage Insurer and
the other perty (or parties) to these agreements, These agreemsnts may require the mortgage
PENNSYLVANIA
1:i.2S11I02'01l
P.g. a 01 16
'1'0 BB ..IICOIlDBD
I
6T'd
T2T'ON
31~lS3 l~3~ NIlN~~j
W~EE:L S002'92'~d~
03-6119.005016896-2
Insurer to make paym~nts using any eouroll of funde th~ the Rlongllgll insurer may have available
(whloh may Include fundi obtained from Mortgage Insurance premiums).
Aa II result of thesll egrllemarrtll. Lender, IIny purotlner of the Note, anoth.r Insurer, any
reinsurer, any other entitY, or any afflllate of any of the foregoing, may receive (directly or
indirllGtly) amounts that derive from (or might bs characterized as) II portion of Borrower's
payments for Mortgage Insurence, in ellohangO fur shllrlng or modifying the mortgege Insurer's
risk, or reducing losles. If sllCh agreement provides that en affiliate of Lender tIIkllS 8 shere of
th.'nsurer', risk In exchange for a .here of the premiums paid to the Insurer. the arrangement is
oftllll tllrmed "ceptlve relnSllrat'lCe." Furth9r:
(a) Any luch agresmantll wUlnot affeot tha amounll that Borrower hu agreed to pay for
MortQllge Insuranoe, or eny othsr mms of ths Loan. Suoh IBreements wDr not InCll'.ue tile
entount Borrower will OWll for Mel'tllllge Insurlnel, Ind they will not entltl. Borrower to any
refund.
(b~ Any suoh lIgraements wib not lIffeot till rights BorroWlr hu - If lIIlY . with r..psct to
the Mortgage Ineul'llnce undllr the HomllOwnllrs Protection Acrt of 1998 or 11'I'1 other law. 'those
rights may include the right to receive oertain elisclolur.., to tequelt end obtain cancellation of
tnll M0I1:91l9l1 Inlllll'llnoe, to have the Mortgegs InaurlrtCll termillllteCI lllltomatlcally, and/at to
reoelVlI I rllfund of sny MortalSlI Insurance premillm& that WllTlI IIns.med at the time of suoh
c:eno.nltion or tGrml"ltiOll.
11, Anllilnment of MiBcellaneoUl Praoeed,: Forfeiture. All Miscellaneous Proceeds ere
hereby esalgned to end shall be paid to Lender.
If the Property Is damaged, s\loh Miscellanaoul Proceeds shall be applied to restoration or
rllpaJr of the Prapert'(, If tIl. restoration or rtpair is eoonomloally feasible and Lander's security Is
not lessenlld. D\lrlnQ such rlplllr and r\llltoration period, Lendar shall heve the right to hold suah
M/scelleneouB ProceBdB until Lender hes had en opportUnity to insp~ suoh Prollerty to ensure
thtf work has bean oompleted to Lender's satisfaction, prOvided that suoh inspactlon sh.1l ba
underteken promptly. LlInder mey pay for the reDslrs Slid restoration in a single disbursemsnt or
In a series of progr8S81 payments as the work is oomplBted. Unlees en agreement Is made in
writing or Appliellble Lew requires lrlt.....~t ~ ,,~ ;:::ld ;:;;; ....,ft iviieoetianaous Proceeds, I.ender
ii~.Qii no. be required to pay Borrower any Interest or earnings on such MiscellsnaoulI Proceeda. If
the reetOl'1ltlon or repslr is not economically feaaible or Lendar's eecurlt'f would be leS&enlld, the
Miacelllll'lBoUS Proceeds shall be spplilld to the lIum, eecured by this Securlt'( lnatrument, whather
or not then due, With the exoess, If any, peid to Borrower. Such Misoellaneous Proceeds shell be
applied in the order provided for In Section 2..
In the event of a total taking, destructlon, or loss in value of the Propert'(, the
isoelleneous Prollaeds shall be applied to tha sums saCUred by thIs Security Instrument, whether
r not then due, with the exOll8S, if eny, paid to Borrower.
In tha event of a partial taking, deitruction, or loss in vulue of the Property in Which the
air mllrkllt value of the Property ImmediatelY before the partlellaldng, daatruotlon. or loss in value
s equ81 to or greeter then the amount of the sume secured by this SecuritY Instrument
mediately before the pertlal taking, destruction, or loss in value, unlac. Borrower I""d Lender
. therwise agree In writing, the sums securad by thIs Security Instrument shell be rllduced by the
ount of the Miscellaneous Proceeds multiplied by the following frllOtlon: lal the total amount of
<I sums secured Immediately before the Partial taking, destruotion, or lOBS in vslue divided by (b)
e flllr merket value of the Property Immediately before the partial teking. destruction, or loss in
elue. Any balence shall be paid to Borrower.
In th. eVllnt at a perti.1 teklng, destruction. or loss in vlllue of the Property in which the fair
arkBt velue of the Prcp<lrt'( Immediately before the partial taking, dMtfUotion, or Ion In value is
Pas. 10 of 18
'1'0 BlI lllIOOJlmID
\
02'd
~2~ .ON
31~lS3 1~3cl NllNOclj
W~vS:L S002'92'cld~
03.6~l~-00501'896-2
less than the emount of the sums sscured immediately before the pertied taking, destruction, or
loss in value, unlllS8 Borrower and Lender otherwise agree io writing, the Misl;llIlaneous proceede
shall be applied to the eums sscured by this Seourity Instrument whether or oat the sume are then
due.
If the Property is abandoned by Borrower, or if, after notioe by Lender to Borrower that
the Opposing PertY (es defined in the next eentencel offera to make aO llwerd to settle a claim for
damages, Borrower falls to respond to Lender within 30 deys lifter the elate the notice is given,
Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair
of the Property or to the sums seoured by this Security Instrument. whether or not then due.
'Opposing Party" means the third party that OW85 Borrawer,Misoellaneous Proceeds or the perty
agelnet whom Borrower has a right of action in regard to Miacallaneous Proceeds.
Borrower shall be in dafeult If eny action or proceeding, whether I;ivil at crlmlnel, Is begun
that, In Lender's JUdgement, could result In forfeiture of the Property or other material impairment
of Lender's inter.t In the Property or rights under this Seourit'( Instrument. Borrower osn cure
suah e default end, if acceleration has occurred, relnatate as provided In Section 19, by causing
the lotion or procaading to be dismissed with a ruling that, In Lender's j)JeIgement, preclud88
forfeiture of the Proparty or other materlaJ impairment of Lender's Interest In the Property or tights
under this Security Instrument. The proceeda of any lIward or claim for dsmageB that are
ettrlbuteble to the impairment of Lender's interest in the Property ere her.by assigned and shall be
paid to Lender.
All Mlsoellaneous Proceeds that lII'lI not appliad to restoration or repair of tha Property
shall be spplied in the order provided for in Section 2.
12. Borrower Not Relee..dl Forbearanoe By Lender Not a Waiver. This SecuritY Instrument
cannot be changed or modified 8xcept as otherwise provided herein or by agreement In writing
signed by Borrower, or any Successor In Interest to Borrower and Lender. Extension of the time
for pllyment or modification of amortization of the sums secured by this Seourity Instrument
granted by Lender to Borrower or any Suoce58or in Intetsst of Borrower shall not operete to
rei sase the liability of Borrower or any Suecessor in Interest of Borrower. Lender shall not ba
,_ .1 .. .. __ __." _.... .1' ....~d. _._.. ....n______!_ '.__ ,_" ___n.._..'_ --- -.- -..,# ..-
rW"Iu1rag \U Qommam..tI ,.,rU\.iIi:JtlIU1IlSl;j iliIQil:umn GUY ~1oI1wi"'1iJ.Qj,,,,,r 111 IIIJ,WINil; QI gurruvvt:ir ur lU iUll.oIii:UI ~g
extend time for I>eyment or otherwise modify amortization of the ,ums IIICured by this SlICurity
Instrument by reeson of Bny demand made by the original Borrower or any SuoC8llsora in Interest
of Borrower. Any 10rbearaMoa by Lender In exercising any right or remedy Including, without
limitation, Lender's eoceptence of payments from third persons, entities or Suocessors in Interest
of Borrower or in amounts less then the lImount then due, shall not be a waiver of or preclude the
exercise of any right or rem.dy. No waiver by Lender of any right under this Security Instrument
shall be "ffel;tive unless in writing. Waiver by Lender of any right granted to Lander under this
Security Instrument or of any provision of this Security Instrument lIS to any transaction or
Dccurrence shall not be deemed e waiver ell to any future transaction or oceurrance,
13. JOIi'lt and several Liability; Co-algPeral SUC088S0N and AIBIlIfts Bound, Borrower
covenants end agrees that BorrOWllr'S obllgatlona and liability shell be joint and several. However,
any Borrower who co-signs this SecuritY In8trument but does not exllCute the Note (e
'cD-signer")l (e) is co-signing this Security Instrument only to mortgage, grant and convey the
co-signer's interest In the Propert'( under thli terms of this Security Instrument; (b) is not
personallY obligated to pay the sums seoured by thl8 seourlty Instrument: llnd (oj agrees that
Lender and any other Borrower oan egree to extend, modify, forbllar or make any
aocommodatlons with regerd to ths terms of this Securlt'( Instrument or the 1II0te without the
co-slgner'a consent.
Subject to the provialof19 Df Section 18, eny Suooessor In Interest of Borrower who
8&sumeS Borrower's obligatiDns under thla Security Instrument in writing, end Is approved by
..NNSY1.V....IA
'Iua tOa..o~1
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Lender, shall obtaln all of Borrower's rights end benefits under thle Security InGtrument. Borrowllr
shall not be releped from Borrowar's obllgetlons and liability under this SecuritY Instrument
unlollS Lendsr agrees to such relesse in writing. The oovenants and agreements of this Security
Instnument shall bind (8JCcept 8S provided in Seotlon 20) and bsnafit the SUOC8Ssors and assigns of
Lendar.
14. LOlIII Chlltll... Lender may charge Borrower feu for services performed in conneotion
with Borrower's default, for the purp08e of protecting Lender', Interest in the PropertY and rights
under thl$ Security In5trument, including, but not IImitlld to, attorneys' fees, propertY inspection
and valuatIon fees. Borrower shall pay such other charges all Lender may deem rellsonable for
servi08ll rendered by Lender and furnIshed at the request 01 Borrower, any SUCC88S0r in inter..t
to Borrower or any agent of Borrower. In regBrd to any other f,"e, the ablence of exprllSs
euthorlty In this SecuritY Instrument to chsrge a specific fee to Borrower shall not be oonstrued as
a prohibition on the oharging of such fee. Lender may not cI1erge fee. that are expreSSly
prohibited by this Security IMlItrument or by Applioable Lew.
If the Loen Is subject to a law whloh sets maximum loen oharg., and thet law Is finally
Interpreted sa that the InterllSt or other loan charges oollBCted or to be colleoted In connection
with the Loan exceed tho permitted limits, then: (s) any suoh loan charge shaU be reduced by the
amount necessary to reduoe the char;e to the permitted limit, and {bl eny sums already collected
from Borrower which 8JCceeded permitted limits wiU be refunded to Borrower. Lender may choose
to make this refund by rsduoing the principal owed under the Note or by making II direct payment
to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment
without any prepayment charEle (whether or not e prepayment charge is provided fo' under the
Note). Borrower's acceptance of any such refund made by direct payment to Borrower will
oonstltute II wsiver of eny right of action Borrower might heve arising out of such overcharge.
15. Notlcss. All notio811 given by Borrower or 1.8I1der in connection with this SecuritY
Instrument must be In writing. Any notioe to Borrower in conneotion With this SecuritY Inatrument
shall be deemed to heve been given to Borrower when mailed by first olass mall or when actually
dllllvered to Borrower's notice address If sent by other means. Notice to anyone Borrower shall
oonstitute notice to all BorMw.,rl! U~!~~ ft.pp!!e~~!:: !.:'':: ~;:;iGiQQ~Y ig\iuliCii "'wli:i"wl:iils. Th. notice
address Shall be the Property Address unless Borrawer hes designated e substitute notloe address
by notioe to Lender. Borrower shall promptly notify Lander of Borrower'. chenge of "ddleu. If
Lender speoifies a procedure for reporting Borrower's change of eddrees, then Borrower shall only
report a Chllnge of address through that specified procedure. There may be only one designeted
notice address under thle Security Instrumont et any ona time. Any notJoa to Lender shall be given
by delivering It or mailing it by first cla88 mall to Lender'. address stated herein unle$ll Lender has
designated another address by notice to Borrower. Any notloll in oonneotion with this SecuritY
Inatrument .hell not be deemed to have been gl\(en to !.end" until actually received by Lender. If
any notice required by this SecuritY Instrument is also lequired under Appllceble Law, the
Applicable Law re'luirement will satisfy the correspcnding requirement unoe, thl. Security
Instrument.
16. Governing LIIw: Sever.bllity: Rules of Cona\rucllon. ThIs SOCIJrity Inst!'urnant shsll be
governed by fodarallaw and the law of the jurlsdlotion in which the ProperlY la located, All rights
and obliglltlcns contlllnsd in this SaC\l/lty Irlstrument are subJIICt to ally requirements and
limitatIons of Applicable Law. Applloable Law might explicitly or Implioitly ellow the perties to
agre9 by contl'llet or it might be silent, bLlt euch sllenoe shell nllt ba construed 88 a IIrchibitlon
against agreement by contraot. In tha event that any provision or clalJae of this Security
Inatrument or the Note confllots with Applicable Law, such oonfllct shall not aHect other
provisions of this Seourlty Instrumllnt cr the Note whicn oan be given effect without the
p,,,,,,,yl.v""lA
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coMlictlng provision.
As used In this Security InslrumentJ (e) words of the muculine gender shall mean end
include corrll8pondlng neuter words or words of the feminins gender; (bJ words In the singular
,hall mean and include tha plur.' and vloe versa; and (cl the word "may" gives sole discretion
without any obligation to take any aotlon.
17. BOl'l'Ower'. Copy- Borrower shall be given one copy of the Note end of tl118 Security
Instrument,
18. Transfer of the Property or I B8Il.flcllllllt&reat in 8orrower. As used in this Section
18, "Interest In the Proparty" maans any lagal or beneflciallnt.rest In the Property, Including, but
not IImitad to, those beneficial interests transferred in a band fcr deed, contract for deed,
Instellment sales contract or esorow agreamant, the intent of which is the tranlfar of title by
Sorrowelllt 8 future dllte to 8 purcheser,
If ell Or .ny part of the PropertY or any Inlerest in the Property is said or transferred lor if
Sorrower is not e natural person and 8 bal'l8ficlel interest In Sorrower is sold or transferredl
WithoUt Lender's prior Written oonsent, Lender may require Imme'dlate payment in full of, all suma
s.cured by this Security Instrument. However, this option Shall not be exercised by Lender if such
8xerciall Is prOhibited by AppUoable Law.
If Lender exerciees this option, l.ender shall (live Borrower notice of acceleration. The
nCltiCll ehall provide II period Clf not less than 30 days from the date the notice Is given In
sl:cordlll\Cfl with Section '5 within which Borrow.r mU8t pav all sums s80Ured by this Security
Instrument. If Borrower falls to pay these sums prior to the elCplrlltion of this perIod, lander may
invoke MY remedies permitted by this Security Instrument without further notlce or demand on
Ilorrower.
19. Borrower'e IIIQht to Reinstete After Aoc.rers1ion. If Borrower meets certain conditions,
BorrOWer shall have the right to have enforcement of this Security Instrument dlsocntlnued at any
time prior to the esrl/flSt Clf: (8) five deys befClre sale of the PropertY pursuant to eny power of lSale
ccntained In this Seourity Instrument: (b) such other periOd ae AppliCable Law might specify fClr
the termlnlltion of Borrower's right to l'tlinstBtel or (0) entry of II judgement enforcine this S."urity
Instrument. Those Oonrlltl...~! ere th::t ~;;;;;:;""ijf; ,.j pays LaM.... 1II1 sums which then WOuld be
due under this Security Instrument and the lIIote as If no acceleration had ocourred: (b) curee any
default of eny other covenants or agreements; (0) pays all expenses inourred in enforCllng this
S8C\Jrity Instrument, Including, but not IimltBd to, reesClneble attorneys' f88', propertY inspection
llnd valuation fellS, and other fees Incurred for the purpose of prClt.ctlng Lender's interest In the
Property and rights under this Security Instrument; and (d) takes such action as Lender may
rellsonably reqUire to a..ure thet Lender's intBleat In the PIClParty and rlghtB under this Security
Instrument, and Borrower's obligatlon to pay the sums secured by this Security Instrument, shall
continue unchanged, Lander may require that Berrower pay such reinstatement eum. and
&l/penslls in Ona Dr more of the follOWing forms, aa ss/ected by Lender! (a) "llShf (b) mon.y order;
(e) certIfied check. bank check, treasurer's check or "".hier's oheok, prOVided any such oheck is
drawn upon an Institution Whoa, deposits ere insured by a federal agency, instrumentality or
entityl or (d) Electronlo Funds Transfer. Upon reinatetement by llorrowar, this SecuritY Instrument
and obligations secured hereby shall remain fully effective as if no ilcceleration had occurred,
HClwaver, this right to reinstate llhell not epply in the ClBSe ot acceleration under Section 18.
20. Sale of Not,,: Chin", of LOin leMest; Not/ell of Grievence. The Note or II p&rt;s/
Intereat in the Note (together wIth this Security InBtrumantl can be sold one or more times
without prior notice to Borrower. A sale might rllsult In a changll In the entity (known es the
"~oen Servicer") thllt Cloliects Periodic Peyments due under the Note and this Security Instrument
and performa other mortgage loan serviCing Clbligatlons under the Nota. thie Security Inatrument,
P~NNfNLVAN1A
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and Applioable UlW. There olso migl'lt be one or more ohanges of the Loan Servlcer unrelated to a
SIlle crt' the Nota, If there Is a change of the Lean Servicer. Borrower will be given written l1l>tlce of
the change which will statll the name and eddress of the new Loan Servloer, the addreeo to which
paymlll1t8 shOUld be made IIno any other Information AESPA requires In connection with a notice
of transfer of servicing. If tho Note Is' eold and thereafter the ~oan Is nrvlc,ed by a Loan Servlcer
other than the puroheser of the Note, the mortgage 108l'l servicing obligations tl> Borrower will
remain With the Loen Servlcer or be transferred to a successor Loan servlc", and are not assumed
by the Note purohaser unl.s otherwi.e provided by the Note purohuer.
Neither BorroWer nor ~ender may commence, join, or be joined to any judloial aolion (8&
either an Individual litigant or the member of a o\ess) that erili88 from thl other party's eotions
pursuant to this Seourity Instrument or that allegas that the other party has brellched any
provision of, or any dulY owed by reeson of, this Security Instrumant, unt\llluch Borrower 01'
Lender has notified the other party (with such notloe given in compliance with the requirements of
Section 16) of SlIGh alleged breaoh and afforded the othar party hereto a reasoneble period after
the giving of .uoh notice to take corrective action. If Applicable Law provides a time period which
muat elapse before certain action can be taken, that tlma period will be deamed to be reesonabllil
for purposes of this paragraph. The notioe of acoeleratlon and opportunity to cure given to
Borrower pur.uant to Section 22 end the notice of accelerlllion given to Borrower pursuant to
Section 1 B shell be deemed to satisfy the notice and opportunity to take corrective action
prOVisions of this Section 20.
21. H_doUll Substsnllel. As used In this Ssolion 21: (a) "Hazardous SubstaRces' are
those &ub8'\8noes defined as taxi.. or h,zardous substances, pollutents, or weeta& by
Environmental Law and the fallowing substanoes: gellaline, kerosene, othur lIammable or toxic
patrole~m prodUcts, toxic pesticides and herblold81., volallle solvents, materials containing
asbestos or formeldehyde, and radioactive meterials: lb) 'environments' Law' means faderallaws
and lews of the Jurlediction where the Property is located that relate to health. safety or
environmental protection: (c) "Envlronmlilf1tal Cleanup' inoludes any respenli8 Botion, remedial
action. or removal action, e8 defined In Environmental Law; 8l'ld (d) an 'Environmental Condition"
mea". iii concii~on 1hat can oausa, contriD~ttiJ ta, or otherwi.o iriy~j:f tin j;;ovi.uiimiiitil C:SCiI'\;,tj.
Borrower shall not oaUse or permit the prlilsenca, use, disposal. Itorege, or release of eny
Hazardoul Substances, or thresten to relaase any Hezardous Sl.lbetanoea, on or In the Property.
Borrower shall not do, nor allow anyone ellill to do, enythlng affecting the Property (a) that is In
violation of any Environmental Law, (b) whioh creates an I!nvironmental Condit/on. or (0) which,
due to the prellllnce, use. or release of a Hazardous Subltance, creates a condition that udvetllaly
affects the value of the Property. The preceding two santences shall not apply to the presence,
use, or storage on the Property of ,mall quantitias of Hazardous Subetanoes thet iilre generally
fecognized to be appropriate to normal residential Uses end to malntenlncs of tha Property
(Including, but not IImitad to, hazerdous substance In consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand,
Illwsult or other action by any governmental or ragulatory agancy or privata party involving the
Proplll'tY and any Hazardous Substanca or Environmental Law of whloh Borrower has actual
knowledge, (b) any EnVironmental Condition, Including but not limited to, any spilling, leaking,
diSCharge, ral888e or thrlla'l of rei sese of any Hazardous Substance, end (c) any condlticn caused
by the presence, use, or relee.e of a Hazardoul Substance which adversely affects the Vlllue of
the Property. If Borrower learns, or is notified by eny governmantlll or regUlatory authority, or any
prlvlte party, that any removal or other remediation of any Hazardous Substance afflicting the
Property is n8oassarv. Borrower shall promptly take all necessary remedla' actions in accordance
with Environmental Law. Nothing hsrein shall create anv obligetlon on Lender for an
Environmental CleBnUp.
'IWNSVlVANlA
'13231101-0'1
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NON-UNIFORM coveNANTS. Borrower and Lander further covenant and .gree as
follows:
22. Accalerll1lon: RlImedlas. Lender shaU giVe notice to Borrower prior to eeoalarlltlon
following Borrower's breach of eny covenant or IISraament In thle SlJOIIrlty Instrument (but not
prlar to acceleration under Sec:tlon 18 unle. Applicable Law provld.. othorwl.e'. The notice ehllll
speel"": (al the default, (bl tha action required '<<I cur. the default: 101 a date. not \Qa than 30
dllyS from the date the notice Is given <<I Sorrowar, by which the defeult must be cured, and ldl
that feilure to cure the default on or before the d.t. apaclfiad in the notice msy rault in
ecceleration of the aums ..cured by thlll Seourlty lnatrument, fol'llclosure by Judloial pr_dlng
and sale of the ProDerty. The notice ahall furtJ\al' inform Borrowtll of the rlSht to reinstate after
acollletlltlon WId the right to ...ert In the foreclosure proC8lldlng the non..lCietence of . claflllllt or'
any other defen.e of Borrower to acceleration and forecloallre, If the default II not cured as
lIj:I8clfied. Lendar et jg option may require immediate payment In full of 11I1 suma secured by thla
SecurIty Instrument without furtlw, demand and may foreclo.. this S8C\Irity Instl'umant by judIcial
proceeding. Lender shall be entitled to collect IlII expenses Incurred in pursuing the remadlas
provided In thit Section 22. InGluding, but not limited to, ettornaya' fees and OOlt. of title
evldenoe to tha elltend permlttad by AppUoabla Law, If Borrower or any lIUccaJ80r in Intereat to
Borrower fit.. lor h8ll filed against Borrow.. or lilY su_saor in Intereat to Borrowerl a
!>>lInkruptGy petition under Title /I or any IUc_or title of the United Stat's COde which provlcl....
for the curing of prepelitlon default due an the Note, Inter..t lit a rite determined by the Court
_hall be pllid to Lender on past-petltlon ItNare.
23. Release. Upon payment of all sums secured by thla Security Instrument, this Security
Instrument and the estate conveyed shell terminate and become void. After &uch occurrence,
\.andor shall disch.rge and aatisfy this Security Instrumant. Borrower shall pay any recordation
coats. Lender may charge Borrower a fee for releesing thie Securlt'( ll\$vuman1, but only if tha file
i5 not prohibited by Applicable Law,
24. Waivers. Borrower, to the extent permitted by APpliCllble Law, waives and releases
any error or defects in proolledlnge to enforce this Security Instrument, and herebY waives th..
benefit of any ~"e~~t ~~ f'..!t~~: !:":::i .,jG~k::tIW rvr ~tlilY 01 execution, extenslon oi time, exemption
from attechment, levy and 8ale. and homestead exemption.
25. Reln'tlIternent Period. Borrowar', time to reinatllte provided In Section 1S shall extend
to one hour prior to the oommencement of bidding at a sherriff', sale or other sale pursuant to
thla Security In'trument.
26, Purchllsa MOI1ey MortsaBe. It any of the debt aeoured by 1I11s Security Instrumant Is
lent to Borrower to acquire title to th" Property, this Security Instrument ahall be a purchase
money mortgage.
27. Intereat Rate After .judgment. BOrTower agrees that the interest rate paya~lo after a
jUdgment la entered on the Nr.Jte or In an action of mortgage foroolosure shall be the rate pavable
from time to time under the Nl>te,
BY SIGNING BELOW, Borrower accepts and Igreel to the terms and covenants contained
in this Securlty Instrument and in any Rider executed by Borrower and raOQrded with it.
IIl!HN8VLVANlA
nmlOa-011
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x~a- >-. ~
G I'B'1"l'lIRHOFP
x.::16,rL (J \4J.]'1I;~
BETH ]I. PIl'1"l'llUOrll'
(Space Below This Line For Acknowledgment!
1,"
'I,~' .
,\ '
I certify that the address of the foregoing mortgagee Is:
~ j r.A 9~rJ.'f()
L8~?-*d~./JtiI6."
COMMONWEAL F PENNSVLVA lA,
'1~D ~4C'I- Pfu"'t.- ~I
~.
J(lf~ k(
ate '
known to me (or satisfactorily provenl to be the p
to the within instl\lmllllt 8r'1d acknowledged thllt
hereln contained.
hose neme subscribed
e)(scuted he same for the urposB
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. .
hedule C
Land
Description
Number
'S
ALL THAT CERTAIN lot of lan4 an~ the i=provements situated
nd. erected thereon, situate lit 56 Broad. street, l3orouqb of
ewville, Cumberland county, Pennsylvania, more particularly
ounded and descri~ed as follo~s:
ON THE South by said Broad Street; on the West. J:ly
property now or fo~erly of Clair Sollenberge~1 on the North
by an alley; an~ on the East by property now or formerly of
Glenn Hohn.
HAVING a frontage on said Broad street of Sixty (60) feet
and extendinq in depth at an even width One Hundred Eiqhty
(180) feet to said alley on the North. BEINQ !m~~oYeQ with
a two and one-half I!Itory 'b:d.::l,: Q.wei1.inq house and other
il1\proveme"!t~.
,
BBIlfG the sall1e premtses ....hich llarold D. Stlydu and Tenna 1. Snydu. husband
and wife by their deed dated October 12. 2001, and recorded in tbe Office of the
Rec reier' of Deeds in lU\d for cromberland County, l'ennsylvania, in De<id Book_,
pag , granted and conveyed to Johu G. Patterboff and Beth A. Fetterhoff.
hus and and W'1fe.. Illortgagot's herein.
1 Certify thi.s to be recorded
In Cumberland County P.A
~~ J~'i ,
. fil J<w>rdet of Deed.
)i,u34
31C1153 ICl3~ NnN'dill
WCll17:2.
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IIIII ~I~II ~ II !I~!~I ~~IIII ~ 1m
NOTE
PN01E
03-6119-005016896-2
October 12, 2001
CARLISLE
CITY
pennsylvania
TATE
56 BROAD STREET. NEWVlLLE, PA 17241
PROPERTY A.DDRESS
1, BORROWER'S PROMISE TO PAY
In return for a loan that I have received. I
amount is called "Principal"1. plus interest,
Washington Mutual Bank, FA
the form of cash, check or money order.
I understand that the Lender may transfer this Note, The Lender or anyone who takes this Note
by trenster and who is entitled to receive payments under this Note is called the "Note Holder."
2. INTEREST
Interest will be chargad on unpaid Principal until tha full amount of Principal has been paid.
will pay interast at a yaarly rata of 5,875 %,
The interest rata required by this Saction 2 is the rate I will pay both bafore and after any
default described in Section 6(8) of this Note,
promise to pay U,S, $ 8l.000.00 (this
to the order of the Lender, The Lender is
I will make all payments under this Note in
3. PAYMENTS
(AI Time and Place of Payments
I will pay Principal and Interest by making a payment every month,
I will make my monthly payment on the 1st day of each month beginning on
December, 2001
I will make these payments every month untlll have paid all of the Principal and interest and any
nth.r chRrges described below thet I may owe under this Note. Each monthly payment will be
applied as of its scheduled due date and will be applied to interest before Principiii. if (.Jr. No;;s.mb<:>r
1st. 2031 , I still owe amounts under this Note, I will pay those amounts in full on that date,
which is called the "Maturity Date",
I will make my monthly payments at 9451 CORBIN AVE, NORTHRlDGE, CA 91324
, or at a different place if required by the Note Holder,
(Bl Amount of Monthly Payments
My monthly payment will be in the amount of U,S, $ 479.15
4, BORROWER'S RIGHT TO PREPAY
I have the right to make payments of Principal at any time before they are dua, A payment of
Principal only is known as a "Prepayment," When I make a Prepayment, I will tell the Note Holder
in writing that I am doing so, I may not designate a payment as a Prepayment if I have not made all
the monthly payments due under the Note,
I may make a full Prepayment or partiel Prepayments without paying any Prepayment charge.
The Note Holder will use my Prepayments to reduce the amount of Principel that I owe under this
Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid intarest on
the prepavment amount. before applying my Prepayment to reduce the principal amount of the
Note, If I make a partial Prepayment. there will be no changes in the due dete or in the amount of
my monthly payment unless the Note Holder agrees in writing to those changes,
1538 (01-011
Page 1 of 4
ORIGINAL
EXHIBIT -6"
.
.
'"' '.
03-6119-005016896-2
5, LOAN CHARGES
If a law. which applies to this loan and which sets maximum loan charges, is finally interpreted
so that the interest or other loan charges collected or to be collected in connection with this loan
exceed the permitted limits. then: Ii) any such loan charge shall be reduced by the amount
necessary to reduce the charge to the permitted limit; and (Ii) any sums already collected from me
which exceeded permitted limits will be refunded to me, The Note Holder may choose to make this
refund by reducing the Principal I owe under this Note or by meking a direct payment to me, If a
refund reduces Principal. the reduction will be treated as e partial Prepayment,
6, BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charge for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of
15 calendar days after the date it is due. I will pay a late charge to the Note Holder. The
amount of the charge will be 5.000 % of my overdue peyment of Principal and interest, I will
pay this late charge promptly but only once on eech late payment,
(B) Default
If I do not pay the full amount of each monthly payment on the date It is due. I will be in
default,
(e) Notice of Default
If I am in default, the Note Holder may send me a written notice telling me that if I do not pay
the overdue amount by a certain date, the Note Holder may require me to pay immediately the full
amount of Principal which has not been paid and all the interest that I owe on that amount, That
date must be at least 30 days after the date on which the notice is mailed to me or delivered by
other meens.
(0) No Waiver By Note Holder
Even if, et a time when I am in default. the Note Holder does not require me to pay immediately
in filII ~~ rlp<::~rjb~d et:o':)\!e, the NGt::: Ho~d~j y"in: st;:: I-tOVl:; HIt: li!:lill lU do so if i am 10 default at a
later time.
(El Payment of Note Holder's Costs and Expenses
If the Note Holder hes required me to pay immediately in full as described above, the Note
Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this
Note to the extent not prohibited by Applicable Law, Those expenses include. for example.
reasonable ettorneys' fees,
7. GIVING OF NOTICES
Unless Applicable Lew requires a different method. any notice that must be given to me under
this Note will be given by delivering it or by mailing it by first class mail to me at the Property
Address above or at a different address jf I give the Note Holder e notice of my different address,
Any notice that must be given to the Note Holder under this Note will be given by delivering it
or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or
at a different address if I am given a notice of that different address,
8. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more than one person signs this Note, eech person is fully and personally obligated to keep all
of the promises made in this Note, including the promise to pay the full amount owed. Any person
who is a guarantor, surety or endorser of this Note is aiso obligated to do these things, Any person
who takes over these obligations, including the obligations of a guarantor, surety or endorser of this
Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce
1638103-Q1l
PaQt"l2of4
n'PTt'JTl\I'lH
..
, ,.
".
.
.
03-6119-005016896-2
its rights under this Note against each person individually or against all 01 us together, This me,ans
that anyone of us may be required to pay all of the amounts owed under this Note,
9, WAIVERS
I and any other person who has obligations under this Note waive the rights of presentment and
notice of dishonor, "Presentment" means the right to require the Note Holder to demand payment
of amounts due, "Notice of Dishonor" means the right to require the Note Holder to give notice to
other persons that amounts due have not been paid,
10. UNIFORM SECURED NOTE
This Note is e uniform instrument with limited variations in some jurisdictions, In addition to the
protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (
the "Security Instrument"). dated the same date as this Note, protects the Note Holder from
possible losses which might result if I do not keep the promises which I make in this Note, That
Security Instrument describes how and under what conditions I may be required to make immediete
payment in full of all amounts I owe under this Note. Some of those conditions ere described es
follows:
If all or any part of the Property or any Interest in the Property is sold or transferred (or if
Borrower is not 8 natural person and a beneficial interest in Borrower is sold or transferred)
without Lender's prior written consent. Lender mav require immediate payment in full of all
sums secured by this Security Instrument, However, this option shall not be exercised by
Lender if such exercise is prohibited by Applicable Law,
If Lender exarcises this option, Lender shall give Borrower notice of acceleration. The notice
shall provide a period of not less than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay all sums secured by this
Security Instrument, If Borrower fails to pay these sums prior to the expiration of this period,
Lender may invoke any remedies permitted by this Security Instrument without further notice
or demand on Borrower.
11, MISCELLANEOUS PROVISIONS
In the evant the Note Holder at any time discovers that this Note or the SecuritV Instrument or
any other document related to this loan, called collectively the "Loen Documents," contains an error
which wes caused by a clerical or ministerial mistake, calculation error, computer error, printing
error or similar arror (collectively "Errors"), I agree, upon notice from the Note Holder, to reexecute
any Loan Documents that are necessary to correct any such Errors and I also agree that I will not
hold the Note Holder responsible for any damage to me which may result from any such Errors,
If any of the Loan Documents ere lost, stolen. mutilated or destroyed and the Note Holder
delivers to me en indemnification in my favor. signed by the Note Holder. then I will sign and deliver
to the Note Holder a Loan Document idantical in form and content which will have the effect of the
original for all purposes,
1538103-011
Page 3 of 4
ORIGINAL
L
i.
.
03-6119-005016896-2
WITNESS THE HAND(S) AND SEALIS} OF THE UNDERSIGNED.
x ~ .Y-:~
J G FETTERHOFF
x '-/?;nL 0. ,1H1lJ,~
BETH A FETTERHOFF
'''"'1n..".,,..,.,
"
,
).
Washington Mutual
P,O, Box 44118
Jacksonville, FL 32231-4118
0050168962
March 4, 2005
#BWNCLNN#
#0900509168996297#
000042/PA
BETH A FETTERHOFF
56 BROAD ST
NEWVILLE PA 17241
WE ARE A DEBT COLLECTOR, THIS IS AN ATTEMPT TO COLLECT A DEBT, AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE,
PLEASE REVIEW THE DEBT VALIDATION NOTICE ENCLOSED
NOTICE OF COLLECTION ACTIVITY
RE: ACCOUNT # 0050168962
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
....Tr...' ~ .............~.." ~~..-.,.......~..... ,-....r"'ol....y....,..........
nU1Vl~ J1 KU1Vl J1 UK~LLU~UK~
Thi!'l i!\ an official notice that the mortPal!'e on vour home is in default and the lender intends to foreclose Specific information ahout the
nature of the def:mlt is nrnvided in the attached pap"p.s
The HOMFOWNFR'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) mJ\Y he able to help to save your home
This Notice explain.. how the proe;ram workc;
To ..ee if REMAP can heln vou must MEET WITH A CONSUMER CREDIT rOIJNSRI ING AGENCY WITHIN
30 DAYS OF THE DATE OF THIS NOTICF Take this Notice with yOll when yOll meet with the COllnselinp" Apenr.v
The name address and phone numher of Consumer r:redit COllTIselinf A['enc.ie'lo serving vour County are listed at the end of this Notice If
you have any Questions YOIl may call the Penmylyania Homine Finance Agency 1011 free at l-ROO-342-2397 (Persons with imnaired
hearine can call (717) 7RO-1RfiQ)
This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency
may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you
find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU
CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDlTAMENTE
LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
PAACI'':/l
EXHIBIT "c:'
HOMEOWNER'S NAME(S):
Beth A, Fetterhoff
PROPERTY ADDRESS:
56 Broad St,
Newville PA 17241
0050168962
LOAN ACCT, NUMBER:
ORIGINAL LENDER:
CURRENT LENDERlSERVICER:
Washington Mutual Home Loans, Inc.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTlJRE MORTGAGE PAYMENTS,
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF
1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL.
.
.
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS. AND
.
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE
AGENCY,
TEMPORA.RY STAY OF FOREr.LOSlTRF. - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty
(30) days from the date of this Notice. During that time you must arrange and attend a "face-to.facell meeting with one of the consumer
credit counseling agencies listed at the end of this Notice. THIS MEETING MUST Or.r.1JR WITHIN THE NEXT (30) DA VS IF YOU DO
NOT APPLY FOR EMERGENCY MORTGAflE ASSISTANCE YOU MUST BRINn YOIJR MORTGAGE UP TO DATE THfl PART
OF THIS NOTIrR C':AU En IlHOW TO CURE YOUR MORTGAGF DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE
IJPTODATE
C.ONSIJMER CREDIT COITNSEI,ING AGRNCJF.S - If you meet with one of the consumer credit counseling agencies listed at the end of
this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addres..e.. and
t.elenhone numhers of desi~ated conmmer credit cOllnselin~ aeencies for the cOllnty in which the nroperty is located are set forth at the
end of this Notice It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions.
A.PPI ICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following
pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must
fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they
will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or
postmarked within thirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME
PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY, AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
A.GENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the
eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives
your application. During that time, no foreclosure proceedings will be pursued against you, if you have met the time requirements set
forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY. THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATfEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.)
OOOO<l2/C0826
HOW TO CURE YOUR MORTGAGE DEFAULT (Briml it uo to date).
NAT1JRE OF THE DF.FA1JLT ~ The MORTGAGE debt held by the above lender on your property located at:
56 Broad St.
Newville PA 17241
IS SERIOUSLY IN DEFAULT BECAUSE,
Non-payment
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now
past due:
Monthly Installments:
10/0112004
11/01/2004
12/01/2004
01/01/2005
02/01/2005
03/0112005
$719.17
$719.17
$719.17
$719.17
$719.17
$719.17
Other charges (explainJitemize):
Uncollected Late Charges
Uncollected Fees:
Less Credits
TOTAL AMOUNT PAST DUE,
$411.60
$141.40
$0,00
$4868.02
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION (Not applicable),
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE
TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4868.02, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES
WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must he made either hy cash cashier's check certified
check or money order made p~able and sent to.
Washington Mutual Home Loans. Inc.
9601 McAllister Frwy.
San Antonio, TX 782164681
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date ofthis letter: (Not applicable):
IF YOll DO NOT C1JRF. THE DEFAITT.T - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender
intend", tn p.yp.rcise it", rh~hh: tn accelerate the mnrtpafe deht This means that the entire outstanding balance of this debt will be considered
due immediately, and you may lose the 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 fnreclo",e liMn your
mortgaged nronertv.
.IF THE MORTGAGE IS FOREc.l,OSF.D IJPON The mortgaged property will be sold by the Sheriff to payoff the mortgage debt, If the
lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you,
you will have to pay all reasonable attonery's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will he
added to the amount you owe the lender, which may also include other reasonable costs. If Yon cllre the default within the THIRTY (30\
DAY oeriod. YOU will unt he renuired to Day attornev's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the upaid principal balance and all other sums due under the
mortgage.
FA ACT '11
RIGHT TO C1JRF. THF. DF.FAIJ1.T PRIOR TO SHRRIFF'S SALE- If you have not cured the default within the THIRTY (30) DAY period
and foreclosure proceedings have begun, yOIl mav still have the rillht to Cllre the default and nrevent the sale at any time up to one hour
before the Sheriff's SaIl': You may do so bv nayinI!' the total amount then nast due pillS anv late or other char~es then due rea'lonahle
attorney's fel':" :md costs (Connected with the foreclo"ure sale and any other costs connected with the Sheriff'.. Sale a'l "pecified in writinl!' 1ly
the lender and hy performini" any other reQllirernents under the mortfape Curing your default in the manner set forth in this notice will
restore your mortgage to the same position as if you had never defaulted.
F.ARIIEST POSSlRLF. SHERIFF'S SALE DATE -It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property
could be held would be approximately 9 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:
Address:
Washington Mutual Home Loans, Inc.
P.O. Box 44118
Jacksonville, FL 322314118
866-926-8937
818-775-2010
Collection Department
Phone Number:
Fax Number:
Contact Person:
EFFF.C'TS OF SHF.RIFF'S SALF.'. You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your
right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You _ mayor X may not sell or transfer your home to a buyer or transferee who will assume the
mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale, and that
the other requirements of the mortgage are satisfied.
yon MAY ALSO HAVE THE RIGHT:
.
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM
ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
.
TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,IF YOU CURE
THE DEFAULT, (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES
IN ANY CALENDAR YEAR.)
.
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORFrl nSI1Rp. PRnrpPnTNr. nR ANY OTE'!:!', !AU,'S!}!'!"
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 BANKRUPTCY LAW.
.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED
We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your
account may be reflected in your credit report.
PA ACT Yl
Washington Mutual
P.O, Box 44118
Jacksonville, FL 32231-4118
0050168962
March 4, 2005
#BWNCLNN#
#0900509168996297#
000041 IPA
JOHN G FETTERHOFF
56 BROAD ST
NEWVILLE PA 17241
WE ARE A DEBT COLLECTOR. THIS IS AN ATTEMPT TO COLLECT A DEBT, AND
ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE,
PLEASE REVIEW THE DEBT VALIDATION NOTICE ENCLOSED
NOTICE OF COLLECTION ACTIVITY
RE: ACCOUNT # 0050168962
ACT 91 NOTICE
TAKE ACTION TO SAVE YOUR
",,,,"""lll..wT:'ll ~......~... ...-,F"'t..............r"'fT ~.............T....,........
nU1VH. J1 KU1V1 J1 UK~L.LU~UK~
This is an official notice that the morte:lpe on VOllT home is in default ;md the lender intends to foredn<:;l'! Specific information ahout the
nature of the def;l1llt is nrovided in the attached napes
The HnMFOWNER'S MORTGAGF ASSISTANCE PROGRAM (HEMAP) may he ahle to heln to save your home
This Notke explains how the orol!Tam works
Tn see if HEMAP can help yOll must MflRT WITH A CONSUMER r:RFmT COUNSELING AGENCY WITHIN
30 DAYS OF THE DATE OF THIS NOTICE Take Ih;.. Notice with vall when yOll meet with the COl1nselini A~ency
The name :lddress :Iud nhoue number of Consumer Credit COllnselinl!' Al!'encies servin~ your rOlmtv :Ire listed at the end of this Notice If
you have :lny questions yOll mav c:lll the Pennsvlvania Housini" Fin:lnce Apencv toll free at 1-800-342-2397 (Persons with impaired
hearinl!' can call (717) 780-1R(iQ\
This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency
may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you
find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECfA SU DERECHO A CONTINUAR VIVIENDO EN SU
CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE
LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA,
PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE PROGRAMH EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
f'AAC'l Yl
HOMEOWNER'S NAME(S):
John G, Fetterhoff
LOAN ACcr, NUMBER:
ORIGINAL LENDER:
CURRENT LENDER/SERVICER:
56 Broad St,
Newville PA 17241
0050168962
PROPERTY ADDRESS:
Washington Mutual Home Loans, Inc.
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME
FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS,
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF
1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
.
.
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS. AND
.
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE
AGENCY,
TF.MPORARY STAY OF FORRrI.OSIJRF. - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty
(30) days from the date of this Notice. During that time you must arrange and attend a llface-to-face" meeting with one of the consumer
credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCClTR WITHIN THE NEXT (301 DA YS IF yon no
NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE THfl PART
OF THIS NOTICE CAT I ED "HOW TO C:URE YOUR MORTGAGE DEFAlJLTIl EXPLAINS HOW TO BRING YOUR MORTGAGE
UP TO DATF
CONS:IJMF.R CRF.OTT COIJNS:F.l.JNG AGENClRS - If you meet with one of the consumer credit counseling agencies listed at the end of
this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The name.. addresses and
telenhone numhers of designated consumer cr('.dit cOllnseline ae-enc.ies for the county in which the nronertv is located are set forth at the
end of this Notice It is only necessary to schedule one face~to~face meeting. Advise your lender immf'i1iately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE ~ Your mortgage is in default for the reasons set forth later in this Notice (see following
pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender,
you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must
fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with ODe of the designated consumer credit
counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program, and they
will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be. filed or
postmarked within thirty (30) days of your face~to~face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY, IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME
PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY, AND YOUR
APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED,
AGF.NCY ACTION ~ Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the
eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives
your application. During that time, no foreclosure proceedings will be pursued against you, if you have met the time requirements set
forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY. THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy. you can still apply for Emergency Mortgage Assistance.)
.
00004 \lo:::oe26
HOW TO CURE YOUR MORTGAGE DEFAULT (Bnnl!' it un to date).
NATURE OF TAR DF.FAlTLT _ The MORTGAGE debt held by the above lender on your property located at:
56 Broad St.
Newville PA 17241
IS SERIOUSLY IN DEFAULT BECAUSE:
Non~payment
A YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts arc now
past due:
Monthly Installments:
1010 I12004
1110112004
1210 I12004
01l0I12DD5
02l0I12DD5
0310I12DD5
$719.17
$719.17
$719.17
$719.17
$719.17
$719.17
Other charges (explain/itemize):
Uncollected Late Charges
Uncollected Fees:
Less Credits
TOTAL AMOUNT PAST DUE,
$411.60
$141.40
$O.DD
$4868.02
B. YOU HA VB FAILED TO TAKE THE FOLLOWING ACTION (Not applicable):
HOW TO CIJRE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE
TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $4868,02. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES
WHICH BECOME DUE DURlNG THE THIRTY (30) DAY PERIOD. P!\Yffients must be m::lde either by ca'lh cashier's check certified
check or monev order mllde payahle :l1'ld !\ent to.
Washington Mutual Home Loans, Inc.
9601 McAllister Frwy.
San Antonio, TX 78216-4681
You. can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Not applicable):
IF YOU 00 NOT C1TRF. THF. DF.FA1JLT - Jfyou do not cure the default within THIRTY (30) DAYS of the date of this Notice. thelpnder
intend!; to exerC"ille it!; rights tn :Jf:C"elerate the mnrtaai'e deht This means that the entire outstanding balance of this debt will be considered
due immediately, and you may lose the 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 foreclnlle IIpnn vnur
morteaeed nrooertv.
.IF THF. MORTGA.GF. IS FORF.CLOSF.D 1JPON The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the
lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be
required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you,
you will have to pay all reasonable attonery's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be
added to the amount you owe the lender, which may also include other reasonable costs. Ifvou cure the default within the THIRTY 13m
D"- Y neriod. you win not be renuired to na'V aUnrl1e'V's fees.
OTHER LF.NnF.R REMF.nIF.S - The lender may also sue you personally for the upaid principal balance and all other sums due under the
mortgage.
PA ACT 91
.
RIGHT TO C.URE THE DF.F ,UJI.T PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period
and foreclosure proceedings have begun, you may still have the rig-ht to cnre the default :md prevent the sale at any time up to one hOllr
before the Sherifrs Sale YOll may do "1:0 by payior the total :lmouDI then "a.'l1 due Dlus any late or other charlles then due rea..nnahle
attornev's fees :md cost!'! connecteel with the foreclosure sale and any other costs connected with the Sheriffs Salf! as spp.cified in writinr hv
the lender and hv nerforminl1 :my other requirements lloeler the rnorll?age Curing your default in the manner set forth in this notice will
restore your mortgage to the same position as if you had never defaulted.
F..A.RUF.ST POSSIRLF. SHRRTFF'S SA.J.F. DATE. It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property
could be held would be approximately 9 months from the date of this Notice. A notice of the actual date of the Sherifrs Sale will be
sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any
time exactly what the required payment or action will be by contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender:
Address:
Washington Mutual Home Loans, Inc.
P.O. Box 44118
Jacksonville, FL 32231~41l8
866.926.8937
818.775.2010
Collection Department
Phone Number:
Fax Number:
Contact Person:
F,FFF.rTS OF SHERIFF'S SALE, - You should realize that a Sheriff's Sale will end your ownership of the mortgaged property and your
right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you and your furnishings and other
belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You _ mayor X may not sell or transfer your home to a buyer or transferee who will assume the
mortgage debt, provided that all the outstanding payments, charges, and attorney's fees and costs are paid prior to or at the sale, and that
the other requirements of the mortgage are satisfied.
YOU MAY ALSO HA VR THE RIGHT:
. TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM
ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
. TO HAVE THE DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE
THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES
IN ANY CALENDAR YEAR.)
. TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSIJRP PRorPFmNr. nR ANV nTHPJ;> TAW5T_T!,!"
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 BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ARE ATTACHED
We may report information about your account to credit bureaus. Late payments, missed payments or other defaults on your
account may be reflected in your credit report.
PA ACT Yl
.
.
VERIFICATION
The undersigned, an officer of the Corporation which is the
Plaintiff in the foregoing Complaint or an officer of the
Corporation which is the servicing agent of Plaintiff, and being
authorized to make this verification on behalf of Plaintiff,
hereby verifies that the facts set forth in the foregoing
Complaint are taken from records maintained by persons supervised
by the undersigned who maintain the business records of the
Mortgage held by Plaintiff in the ordinary course of business and
that those facts are true and correct to the best of the
knowledge, information and belief of the undersigned.
I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO
THE
18
PENALTIES
OF
PA,C.S.
54904
RELATING
TO
UNSWORN
FALSIFICATIONS TO AUTHORITIES.
Date:
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.tJJu I~/~A
Name: Lori Bl~~VL-1/U/ '-:J
Ti U 'A" AM 'om,.",
Company WASHINGTON MUTUAL BAMK, FA,
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SHERIFF'S RETURN - REGULAR
CASE NO: 2005-02205 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK FA
VS
FETTERHOFF BETH A ET AL
ROBERT BITNER
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
FETTERHOFF BETH A
the
DEFENDANT
, at 1800:00 HOURS, on the 11th day of May
, 2005
at 56 BROAD STREET
NEWVILLE, PA 17241
by handing to
BETH FETTERHOFF
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof,
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18,00
8,88
,00
10,00
,00
36.88
~~~
R, Thomas Kline
05/12/2005
SHAPIRO & KREISMAN
me this /3 E-
day of
B~~ ~--:Jdm-
1'"",,, R;'~- " \,r
Deputy Sheriff
Sworn and Subscribed to before
~
(L iro .j
A,D,
'- JJ~th0n~;::~J
,f~
,
SHERIFF'S RETURN - REGULAR
CASE NO: 2005-02205 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
WASHINGTON MUTUAL BANK FA
VS
FETTERHOFF BETH A ET AL
ROBERT BITNER
, Sheriff or Deputy Sheriff of
Cumberland County, Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE
was served upon
FETTERHOFF JOHN G
the
DEFENDANT
, at 1800:00 HOURS, on the 11th day of May
2005
at 56 BROAD STREET
NEWVILLE, PA 17241
by handing to
BETH FETTERHOFF
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof,
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
6,00
,00
.00
10,00
,00
16,00
~(//,Y ",,; >;-
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R, Thomas Kline
05/12/2005
SHAPIRO & KREISMAN
me this /3 ""
day of
Sworn and Subscribed to before
~ .Jt'1J5 A.D.
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rothonotary .
SHAPIRO & KREISMAN, LLC
BY: JOSEPH RElENT, ESQUIRE
ATTORNEY I.D, NO: 59621
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24084
Washington Mutual Bank, FA
PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
vs,
Beth A, Fetterhoff and John G. Fetterhoff
DEFENDANT(S) NO:05-2205-CIVIL
PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER
AND ASSESSMENT OF DAMAGES
Enter Judgment IN REM in the amount of$96,125,61 in favor of the Plaintiff and against
the defendants, jointly and severally, for failure to file an answer to Plaintiffs Complaint in
Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as
follows and calculated as stated in the Complaint:
Principal of mortgage debt due and unpaid
Interest at 5.875% from September I, 2004 to June
24,2005 (297 days @ $14.40 per diem)
Late charges (for certain months prior
to default and every month after at a rate of
$27,50 per month)
NSF Check Fees
Escrow Advance (As stated in Complaint)
Property Inspections
Title Search Report Fees
Attorneys Fees (As stated in Complaint)
TOTAL AMOUNT DUE
BY:
$89,451.85
$4,276,80
$494.09
$45,00
$105.87
$2.00
$250.00
$1,500,00
n _ /J~ $96,125,61
Jo~~ squire, Shapiro & Kreisman
Attorney for Plaintiff
AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s)
and damages are assessed as above in the sum of$96,125.61.
05-24084
rothy.
SHAPIRO & KREISMAN, LLC
BY: DAVID FEIN, ESQ., JOSEPH REJENT, ESQ"
AND ILANA ZION, ESQ.
ATTORNEY !.D. NOS, 82628, 59621 & 87137
2520 RENAISSANCE BLVD" SUITE 150
KING OF PRUSSIA, P A 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24084
Washington Mutual Bank, FA
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS,
NO:
Beth A. Fetterhoffand
John G, Fetterhoff
DEFENDANTS
STATE OF: WISCONSIN
COUNTY OF: MILWAUKEE
AFFIDAVIT OF NON-MILITARY SERVICE
THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen
years and competent to make this affidavit and the following averments are based upon
investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff
and that the above-captioned Defendants' last known address is as set forth in the caption and
they are not in the Military or Naval Service ofthe United States of America or its Allies as
defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended,
Washington Mutual Bank, FA
By:
~
NAJJE: Dean LaRocha
TITLE: Att Asst Secretary
Sworn to and subscribed before me this _ day of
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,2005,
10/22/06
SHAPIRO & KREISMAN, LLC
BY: JOSEPH REJENT, ESQUIRE
ATTORNEY I.D, NO: 59621
2520 RENAISSANCE BLVD" SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO, 05-24084
Washington Mutual Bank, FA
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS.
NO: 05-2205-CIVIL
Beth A, Fetterhoff
and
John G. Fetterhoff
DEFENDANTS
CERTIFICATION OF MAILING NOTICE UNDER RULE 237,1
The undersigned hereby certifies that a Written Notice ofIntention to File a Praecipe for
the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of
record, if any, after the default occurred and at least (10) days prior to the date of the filing of the
Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto,
May 24, 2005 to the following Defendants:
Beth A, Fetterhoff
56 Broad Street
Newville, PAl 7241
John G. Fetterhoff
56 Broad Street
Newville, PA 17241
ir~GoJwdIM
Marquita Sadler, Legal Assistant
to Joseph Rejent, Esquire, Shapiro &
Kreisman for
Shapiro & Kreisman, LLC
SHAPIRO & KREISMAN, LLC
BY: JOSEPH REJENT, ESQUIRE
ATTORNEY I.D. NO: 59621
2520 RENAISSANCE BLVD" SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24084
Washington Mutual Bank, FA
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS,
NO: 05-2205-CIVIL
Beth A. Fetterhoff
and
John G, Fetterhoff
DEFENDANTS
NOTICE OF INTENTION TO TAKE DEFAULT
UNDER Pa.R.C.P. 237.1
IMPORTANT NOTICE
TO: Beth A, Fetterhoff
DATE OF NOTICE: June 1,2005
You are in default because you have failed to enter a written appearance personaI1y or by attorney
and file in writing with the court your defenses or objections to the claims set forth against you, Unless you
act within ten (10) days from the date of this notice, a Judgment may be entered against you without a
hearing and you may lose your property or other important rights. You should take this notice to a lawyer at
once, If you do not have a lawyer or cannot afford one, go to or telephone the foI1owing office to find out
where you can get legal help:
Cumberland County Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
CarIisle,PA 17013
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED
THAT TillS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTlNG TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NOTIFICACION IMPORT ANTE
Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en
este caso, AI no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta
notificacion, el tribuna podra, sin necesidad de compararecer usted in corte 0 escuchar preuba
alguna, dictar sentencia en su contra, Usted puede perder bienes y otros derechos importantes,
Debe lIevar esta notificacion a un abogado immediatarnente, Si usted no tiene abogado 0 si no
tiene dinero suficiente para tal servicio, vaya en persona 0 lIarne por telefono a la oficina cuya
direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal:
Cumberland County Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
PERSONS TO WHOM RULE 237.1 NOTICE SENT TO:
Beth A. Fetterhoff
56 Broad Street
Newville, PA 17241
John G. Fetterhoff
56 Broad Street
Newville, PA 17241
J~~~"i'" Slmpiro& Krei=~
Shapiro & Kreisman, LLC
Attorney for Plaintiff
SHAPIRO & KREISMAN, LLC
BY: JOSEPH REJENT, ESQUIRE
ATTORNEY I.D, NO: 59621
2520 RENAISSANCE BLVD" SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO, 05-24084
Washington Mutual Bank, FA
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS,
NO: 05-2205-CIVIL
Beth A, Fetterhoff
and
Jo1m G, Fetterhoff
DEFENDANTS
NOTICE OF INTENTION TO TAKE DEFAULT
UNDER Pa.R.C.P. 237.1
IMPORTANT NOTICE
TO: Jo1m G. Fetterhoff
DATE OF NOTICE: June 1,2005
You are in default because you have failed to enter a written appearance personally or by attorney
and file in writing with the court your defenses or objections to the claims set forth against you. Unless you
act within ten (10) days from the date of this notice, a Judgment may be entered against you without a
hearing and you may lose your property or other important rights. You should take this notice to a lawyer at
once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out
where you can get legal help:
Cumberland County Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED
THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT, ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NOTIFICACION IMPORTANTE
Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en
este caso, Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta
notificacion, el tribuna podra, sin necesidad de compararecer usted in corte 0 escuchar preuba
alguna, dictar sentencia en su contra, Usted puede perder bienes y otros derechos importantes,
Debe llevar esta notificacion a un abogado immediatamente, Si usted no tiene abogado 0 si no
tiene dinero suficiente para tal servicio, vaya en persona 0 llame por telefono a la oficina cuya
direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal:
Cumberland County Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
PERSONS TO WHOM RULE 237.1 NOTICE SENT TO:
Beth A. Fetterhoff
56 Broad Street
Newville, PA 17241
John G, Fetterhoff
56 Broad Street
Newville, PA 17241
J ep Rejent, Esquire, Shapiro & Kreisman
Shapiro & Kreisman, LLC
Attorney for Plaintiff
SHAPIRO & KREISMAN, LLC
BY: JOSEPH REJENT, ESQUIRE
ATTORNEY 1.0. NO: 59621
2520 RENAISSANCE BL VO" SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO, 05-24084
Washington Mutual Bank, FA
PLAINTIFF
vs.
Beth A, Fetterhoff and John G, Fetterhoff
OEFENOANT(S)
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO:05-2205-CIVIL
CERTIFICATE OF SERVICE
I, Joseph Rejent, Esquire, Shapiro & Kreisman, Attorney for the Plaintiff, hereby certify
that I have served by first class mail, postage prepaid, true and correct copies of the attached
papers upon the following person(s) or their attorney of record:
Beth A, Fetterhoff
56 Broad Street
Newville, P A 17241
John G, Fetterhoff
56 Broad Street
Newville, P A 17241
Date mailed: it /;1./ / ti<;
SHAPIRO & KREISMAN, LLC
BY: (LJQJ
~ejent, Esquire
Attorney for Plaintiff
05-24084
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS Cumberland County Clerk
Cumberland County Courthouse
1 Courthouse Square
Carlisle, P A 17013
PROTHONOTARY'S OFFICE
Prothonotary
TO: Beth A. Fetterhoff
56 Broad Street
Newville, PA 17241
Washington Mutual Bank, FA
PLAINTIFF
vs,
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
Beth A. Fetterhoff
and
John G, Fetterhoff
DEFENDANT(S)
NO:05-2205-CIVIL
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the ~g ~ i~~elow,
PROTHONOTARY'S OFFI~
Prothonotary
[XX] Judgment by Default
[ ] Judgment for Possession
[ ] Judgment on Award of Arbitration
[ ] Judgment on Verdict
[ ] Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY JOSEPH REJENT, ESQUIRE, SHAPIRO & KREISMAN AT (610) 278-6800.
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS Cumberland County Clerk
Cumberland County Courthouse
I Courthouse Square
Carlisle, PA 17013
PROTHONOTARY'S OFFICE
Prothonotary
TO: John G, Fetterhoff
56 Broad Street
Newville,PA 17241
Washington Mutual Bank, FA
PLAINTIFF
vs,
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
Beth A, Fetterhoff
and
John G, Fetterhoff
DEFENDANT(S)
NO:05-2205-CIVIL
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the ~g ~ i.n~ below,
PROTHONOTARY'S OFFI~
Prothonotary
[XX] Judgment by Default
[ ] Judgment for Possession
[ ] Judgment on Award of Arbitration
[ ] Judgment on Verdict
[ ] Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY JOSEPH REJENT, ESQUIRE, SHAPIRO & KREISMAN AT (610) 278-6800,
SHAPIRO & KREISMAN, LLC
BY: JOSEPH REJENT, ESQUIRE
ATTORNEY I.D, NO: 59621
2520 RENAISSANCE BLVD" SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO, 05-24084
Washington Mutual Bank, FA
PLAINTIFF
vs,
Beth A, Fetterhoff and John G, Fetterhoff
DEFENDANT(S)
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO:05-2205-CIVIL
CERTIFICATION OF ADDRESS
I hereby certify that the correct address of the judgment creditor (plaintiff) is:
Washington Mutual Bank, FA
8120 Nations Way, Building 100
Jacksonville, FL 32256
and that the last known addressees) of the judgment debtor (Defendant(s)) is:
Beth A, Fetterhoff
56 Broad Street
Newville, P A 17241
John G, Fetterhoff
56 Broad Street
Newville, P A 17241
SHAPIRO & KREISMAN, LLC
BY: n.j C4t
Joaiejent, ~SqUire
Attorney for Plaintiff
05-24084
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
(
(
) Confessed Judgment
)
Other
05-2205
WASHINGTON MUTUAL BANK, FA
Fiie No.
vs.
Amount Due $96,125.61
I t tFROM 6/25/05 TO 12/7/05 $2,568.02
n eres
BETH A. FETTERHOFF & JOHN G. FETTERHOFF
Atty's Comm
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended,
Issue writ of execution in the above matter to the Sheriff of CUMBERLAND
for debt, interest and costs, upon the following described property of the defendant(s)
County,
"SEE ATTACHED LEGAL DESCRIPTION"
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
o (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
6/e2#s'
Print Name:
Address:
WQJ
JOSEPH REJENT, ESQUIRE
2520 RENAISSANCE BLVD.STE.150
Date
Signature:
KING OF PRUSSIA, PA 19406
Attorney for:
PLAINTIFF
59621
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(over)
Notes: If real property, supply six copies of description including improvements and an original and copy of
affidavit of ownership (PaR,C,P. No, 3129),
If lengthy personalty list, supply four copies of list.
To index writ, file separate praecipe with writ.
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 05-2205 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA Plaintiff (s)
From BETH A. FETTERHOFF & JOHN G. FETTERHOFF
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify rhe garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $96,125.61
Interest FROM 6/25/05 TO 12/7/05 - $2,568,02
Atty's Conun %
Atty Paid $134.88
Plaintiff Paid
Date: JUNE 22, 2005
L.L. $.50
Due Prothy $1.00
Other Costs
CURTIS R. LONG
(Seal)
Proth:2 2'
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Deputy
REQUESTING PARTY:
Name JOSEPH REJENT, ESQUIRE
Address: 2520 RENAISSANCE BLVD, STE.150
KING OF PRUSSIA, PA 19406
Attorney for: PLAINTIFF
Telephone: 610-278-6800
Supreme Court ID No. 59621
SHAPIRO & KREISMAN, LLC
BY: JOSEPH REJENT, ESQUIRE
ATTORNEY 1.D, NO: 59621
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, P A 19406
TELEPHONE: (610) 278-6800
S & K FILE NO, 05-24084
Washington Mutual Bank, FA
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
Beth A, Fetterhoff and John G. Fetterhoff NO: 05-2205-CIVIL
DEFENDANTS ,
AFFIDAVIT PURSUANT TO RULE 3129.1
Washington Mutual Bank, FA, Plaintiff in the above action, sets forth, as of the date the
praecipe for the writ of execution was filed, the following information concerning the real
property located at 56 Broad Street, Newville, P A 17241.
I. Name and address ofOwner(s) or Reputed Owner(s)
Beth A, Fetterhoff
56 Broad Street
Newville, PA 17241
John Q, Fetterhoff
56 Broad Street
Newville, P A 17241
2. Name and address ofDefendant(s) in the judgment:
Beth A, Fetterhoff
56 Broad Street
Newville, P A 17241
John G, Fetterhoff
56 Broad Street
Newville, P A 17241
3, Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Washington Mutual Bank, FA
8120 Nations Way, Building 100
Jacksonville. FL 32256
4, Name and address of the last recorded holder of every mortgage of record:
Washington Mutual Bank, FA, Plaintiff
8120 Nations Way, Building 100
Jacksonville, FL 32256
5. Name and address of every other person who has any record lien on the property:
NONE
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
Cumberland County Domestic Relations
13 North Hanover Street
P,O, Box 320
Carlisle, P A 17013
7. Name and address of every other person of whom the plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
TENANT OR OCCUPANT
56 Broad Street
Newville, P A 17241
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C,S, Section 4904 relating to unsworn falsification to
authorities,
SHAPIRO & KREISMAN, LLC
BY: 0-4Qf
~eJent, EsqUlre
05-24084
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SHAPIRO & KREISMAN, LLC
BY: JOSEPH REJENT, ESQUIRE
ATTORNEY I.D. NO: 59621
2520 RENAISSANCE BLVD" SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO, 05-24084
Washington Mutual Bank, FA
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
Beth A, Fetterhoff and John G, Fetterhoff NO: 05-2205-CIVIL
DEFENDANTS ,
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Beth A, Fetterhoff
56 Broad Street
Newville, P A 17241
Your house (real estate) at:
56 Broad Street, Newville, PA 17241
28-21-0361-040
is scheduled to be sold at Sheriffs Sale on December 7, 2005 at:
Cumberland County Sheriffs Office
1 Courthouse Square
Carlisle, P A 17013
at 10:00 AM, to enforce the court judgment of$96,125.61 obtained by Washington Mutual
Bank, FA against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay back to Washington Mutual Bank, FA the amount
of the judgment plus costs or the back payments, late charges, costs, and reasonable
attorneys fees due, To find out how much you must pay, you may call: (610) 278-6800,
2, You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered, You may also ask the Court to
postpone the sale for good cause,
3, You may be able to stop the sale through other legal proceedings,
You may need an attorney to assert your rights, The sooner you contact one, the more
chance you will have of stopping the sale, (See notice on page two of how to obtain an
attorney,)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE,
4, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (610) 278-6800,
5, You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
6, The sale will go through only if the buyer pays the Sheriff the full amount due in the sale,
To find out ifthis has happened you may call 717-240-6390,
7, If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened.
8, You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer.
At that time, the buyer may bring legal proceedings to evict you,
9. You may be entitled to a share of the money, which was paid for your house. A schedule
of distribution of the money bid for your house will be filed by the Sheriff no later than
January 6, 2006. This schedule will state who will be receiving the money, The money
will be paid out in accordance with this schedule unless exceptions (reasons why the
proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the
date of filing of said schedule,
10, You may also have other rights and defenses or ways of getting your house back, if you
act immediately after the sale,
YOU SHOULD TAKE THIS PAPER TO YOUR LA WYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP,
Cumberland County Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
05-24084
ALL THAT CERTAIN lot of land and the improvements situated and erected thereon, situate at
56 Broad Street, Borough of Newville, Cumberland County, Pennsylvania, more particularly
bounded and described as follows:
ON THE South by said Broad Street; on the West by property now or formerly of Clair
Sollenberger; on the North by an alley; and on the East by property now or formerly of Glenn
Mohn.
HAVING a frontage on said Broad Street of Sixty (60) feet and extending in depth at an even
width One Hundred Eighty (180) feet to said alley on the North, BEING improved with a Two
and One-Half story brick dwelling house and other improvements,
BEING the same premises which Harold D, Snyder and Tenna K, Snyder, husband and wife, by
Deed dated October 12,2001 and recorded in the Cumberland County Recorder of Deeds Office
on October 16,2001 in Deed Book 248, Page 3920, granted and conveyed unto John G,
Fetterhoff and Beth A, Fetterhoff, husband and wife,
Cl
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SHAPIRO & KREISMAN, LLC
BY: JOSEPH REJENT, ESQUIRE
ATTORNEY I.D, NO: 59621
2520 RENAISSANCE BLVD" SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO, 05-24084
Washington Mutual Bank, FA
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs,
Beth A, Fetterhoff and John G, Fetterhoff NO: 05-2205-CIVIL
DEFENDANTS .
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: John G, Fetterhoff
56 Broad Street
Newville, P A 17241
Your house (real estate) at:
56 Broad Street, Newville, PA 17241
28-21-0361-040
is scheduled to be sold at Sheriffs Sale on December 7,2005 at:
Cumberland County Sheriffs Office
1 Courthouse Square
Carlisle, P A 17013
at 10:00 AM, to enforce the court judgment of$96,125,61 obtained by Washington Mutual
Bank, FA against you,
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1, The sale will be cancelled if you pay back to Washington Mutual Bank, FA the amount
of the judgment plus costs or the back payments, late charges, costs, and reasonable
attorneys fees due, To find out how much you must pay, you may call: (610) 278-6800,
2, You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause,
3, You may be able to stop the sale through other legal proceedings,
You may need an attorney to assert your rights, The sooner you contact one, the more
chance you will have of stopping the sale, (See notice on page two of how to obtain an
attorney,)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE,
4, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (610) 278-6800,
5, You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property,
6, The sale win go through only if the buyer pays the Sheriff the fun amount due in the sale.
To find out ifthis has happened you may can 717-240-6390,
7, If the amount due from the buyer is not paid to the Sheriff, you win remain the owner of
the property as if the sale never happened,
8, You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer,
At that time, the buyer may bring legal proceedings to evict you,
9, You may be entitled to a share of the money, which was paid for your house, A schedule
of distribution of the money bid for your house will be filed by the Sheriff no later than
January 6, 2006, This schedule will state who will be receiving the money, The money
will be paid out in accordance with this schedule unless exceptions (reasons why the
proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the
date of filing of said schedule,
I 0, You may also have other rights and defenses or ways of getting your house back, if you
act immediately after the sale,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
05-24084
ALL THAT CERTAIN lot of land and the improvements situated and erected thereon, situate at
56 Broad Street, Borough of Newville, Cumberland County, Pennsylvania, more particularly
bounded and described as follows:
ON THE South by said Broad Street; on the West by property now or formerly of Clair
Sollenberger; on the North by an alley; and on the East by property now or formerly of Glenn
Mohn,
HAVING a frontage on said Broad Street of Sixty (60) feet and extending in depth at an even
width One Hundred Eighty (180) feet to said alley on the North, BEING improved with a Two
and One-Half story brick dwelling house and other improvements,
BEING the same premises which Harold D, Snyder and Tenna K, Snyder, husband and wife, by
Deed dated October 12,2001 and recorded in the Cumberland County Recorder of Deeds Office
on October 16, 2001 in Deed Book 248, Page 3920, granted and conveyed unto John G,
Fetterhoff and Beth A, Fetterhoff, husband and wife,
o
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ALL THAT CERTAIN lot ofIand and the improvements situated and erected thereon, situate at
56 Broad Street, Borough of Newville, Cumberland County, Pennsylvania, more particularly
bounded and described as follows:
ON THE South by said Broad Street; on the West by property now or formerly of Clair
Sollenberger; on the North by an alley; and on the East by property now or formerly of Glenn
Mohn.
HAVING a frontage on said Broad Street of Sixty (60) feet and extending in depth at an even
width One Hundred Eighty (180) feet to said alley on the North, BEING improved with a Two
and One-Half story brick dwelling house and other improvements,
BEING the same premises which Harold D. Snyder and Tenna K, Snyder, husband and wife, by
Deed dated October 12,2001 and recorded in the Cumberland County Recorder of Deeds Office
on October 16,2001 in Deed Book 248, Page 3920, granted and conveyed unto John G,
Fetterhoff and Beth A. Fetterhoff, husband and wife,
.
t
SHAPIRO & KREISMAN, LLC
BY: JOSEPH REJENT, ESQUIRE, SHAPIRO & KREISMAN
ATTORNEY 1.D, NO: 59621
2520 RENAISSANCE BLVD" SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO, 05-24084
Washington Mutual Bank, FA
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS,
NO: 05-2205-CIVIL
Beth A. Fetterhoff
and
John G, Fetterhoff
DEFENDANT(S)
CERTIFICATION OF NOTICE TO LIENHOLDERS
PURSUANT TO PA R.C.P 3129.2 (C) (2)
I, Laura King, Legal Assistant for Shapiro & Kreisman, LLC, attorneys for the Plaintiff,
Washington Mutual Bank, FA, hereby certify that Notice of Sale was served on all persons
appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid,
with Certificates of Mailing on August 17, 2005, the originals of which are attached and that
each of said persons appears on Plaintiffs Affidavit pursuant to Pa, R,C,P, 3129,1,
The undersigned understands that the statements her<:in are subject to the penalties
provided by 18 P,S, Section 4904,
Respectfully submitted,
SHAPIRO & KREISMAN, LLC
BY:
IA~C~~
Legal Assistant
05-24084
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Washington Mutual Bank, FA
Plaintiff
vs.
Beth A. Fetterhoff and John G, Fetterhoff
Defendant
IN THE COURT OF COMMON PLEAS
OF
CUMBERLAND COUNTY
No. 05-2205-CIVIL
PRAECIPE FOR WRIT OF EXECUTION
(Mortgage Foreclosure)
To The Prothonotary:
Issue Writ of Execution in the above matter:
Amount Due
Interest from June 23, 2005 to September 6,
2006
(Costs to be added)
$96,125,61
$6,822,27
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ALL THAT CERTAIN lot of land and the improvements situated and erected thereon, situate at
56 Broad Street, Borough of Newville, Cumberland County, Pennsylvania, more particularly
bounded and described as follows:
ON THE South by said Broad Street; on the West by property now or formerly of Clair
Sollenberger; on the North by an alley; and on the East by property now or formerly of Glenn
Mohn,
HAVING a frontage on said Broad Street of Sixty (60) feet and extending in depth at an even
width One Hundred Eighty (180) feet to said alley on the North. BEING improved with a Two
and One-Half story brick dwelling house and other improvements,
BEING the same premises which Harold D. Snyder and Tenna K. Snyder, husband and wife, by
Deed dated October 12, 2001 and recorded in the Cumberland County Recorder of Deeds Office
on October 16,2001 in Deed Book 248, Page 3920, granted and conveyed unto John G.
Fetterhoff and Beth A. Fetterhoff, husband and wife,
WRIT OF EXECUTION and/or A TT ACHMENT
COMMONWEALTH OF PENNSYL VANIA)
COUNTY OF CUMBERLAND)
NO 05-2205 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA Plaintiff (s)
From BETH A, FETTERHOFF AND JOHN G, FETTERHOFF
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant( s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Dne $96,125,61
Interest FROM 6/23/05 TO 9/6/06 - $6,822,27
L.L.
Atty's Comm
%
Dne Prothy $1.00
Other Costs
Atty Paid $876.63
Plaintiffpaid
Date: MARCH 13, 2006
~
(Seal)
By:
Deputy
REQUESTING PARTY:
Name JOSEPH REJENT, ESQUIRE
Address: SHAPIRO & KREISMAN, LLC
2520 RENAISSANCE BLVD" SUITE 150
KING OF PRUSSIA, PA 19406
Attorney for: PLAINTIFF
Telephone: 610-278-6800
Supreme Court ID No. 59621
SHAPIRO & KREISMAN, LLC
BY: JOSEPH REJENT, ESQUIRE
ATTORNEY LD, NO: 59621
2520 RENAISSANCE BLVD" SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO, 05-24084
Washington Mutual Bank, FA
PLAINTIFF
vs,
Beth A. Fetterhoff and John G, Fetterhoff
DEFENDANT(S)
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO:05-2205-CIVIL
CERTIFICATION OF ADDRESS
I hereby certify that the correct address of the judgment creditor (Plaintiff) is:
Washington Mutual Bank, FA
8120 Nations Way, Building 100
Jacksonville, FL 32256
and that the last known addressees) of the judgment debtor (Defendant(s)) is:
Beth A, Fetterhoff
56 Broad Street
Newville, P A 17241
John G, Fetterhoff
56 Broad Street
Newville, P A 17241
SHAPIRO & KREISMAN, LLC
BY:
~r! wi-
J ep RejenfEsquire
Attorney for Plaintiff
05-24084
.
SHAPIRO & KREISMAN, LLC
BY: JOSEPH REJENT, ESQUIRE
ATTORNEY l.D, NO: 59621
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO, 05-24084
Washington Mutual Bank, FA
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs,
Beth A. Fetterhoff and John G, Fetterhoff NO: 05-2205-CIVIL
DEFENDANTS .
AFFIDAVIT PURSUANT TO RULE 3129.1
Washington Mutual Bank, FA, Plaintiff in the above action, sets forth, as of the date the
praecipe for the writ of execution was filed, the following information concerning the real
property located at 56 Broad Street, Newville, P A 17241,
I. Name and address of Owner(s) or Reputed Owner(s)
Beth A, Fetterhoff
56 Broad Street
Newville, PA 17241
John G, Fetterhoff
56 Broad Street
Newville, P A 17241
2, Name and address ofDefendant(s) in the judgment:
Beth A, Fetterhoff
56 Broad Street
Newville, P A 17241
John G. Fetterhoff
56 Broad Street
Newville, PA 17241
3, Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Washington Mutual Bank, FA
8120 Nations Way, Building 100
Jacksonville, FL 32256
.
4, Name and address of the last recorded holder of every mortgage of record:
Washington Mutual Bank, FA, Plaintiff
8120 Nations Way, Building 100
Jacksonville, FL 32256
5. Name and address of every other person who has any record lien on the property:
NONE
6, Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
Cumberland County Domestic Relations
13 North Hanover Street
P,O, Box 320
Carlisle, PA 17013
7. Name and address of every other person of whom the plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
TENANT OR OCCUPANT
56 Broad Street
Newville, PA 17241
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa, C,S, Section 4904 relating to unsworn falsification to
authorities,
SHAPIRO & KREISMAN, LLC
BY: 911W
J seph Rejent, Esquire
05-24084
.-----
SHAPIRO & KREISMAN, LLC
BY: JOSEPH REJENT, ESQUIRE
ATTORNEY I.D, NO: 59621
2520 RENAISSANCE BLVD" SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO, 05-24084
Washington Mutual Bank, FA
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs,
Beth A. Fetterhoff and John G, Fetterhoff NO: 05-2205-CIVIL
DEFENDANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Beth A. Fetterhoff
56 Broad Street
Newville, PA 17241
Your house (real estate) at:
56 Broad Street, Newville, P A 1724 I
28-21-0361-040
is scheduled to be sold at Sheriff's Sale on September 6, 2006 at:
Cumberland County Sheriffs Office
I Courthouse Square
Carlisle, P A 17013
at 10:00 AM, to enforce the court judgment of$96,125.61 obtained by Washington Mutual
Bank, FA against you,
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1, The sale will be cancelled if you pay back to Washington Mutual Bank, FA the amount
of the judgment plus costs or the back payments, late charges, costs, and reasonable
attorneys fees due, To find out how much you must pay, you may call: (610) 278-6800,
2, You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause,
3, You may be able to stop the sale through other legal proceedings,
You may need an attorney to assert your rights, The sooner you contact one, the more
chance you will have of stopping the sale, (See notice on page two of how to obtain an
attorney,)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE,
4, If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder, You
may find out the price bid by calling (610) 278-6800,
.
5 . You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property,
6, The sale will go through only if the buyer pays the Sheriff the full amount due in the sale,
To find out if this has happened you may call 717-240-6390,
7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened.
8, You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer,
At that time, the buyer may bring legal proceedings to evict you,
9, You may be entitled to a share ofthe money, which was paid for your house, A schedule
of distribution ofthe money bid for your house will be filed by the Sheriff no later than
January 6, 2006, This schedule will state who will be receiving the money. The money
will be paid out in accordance with this schedule unless exceptions (reasons why the
proposed distribution is wrong) are filed with the Sheriff within ten (I 0) days after the
date of filing of said schedule,
1 0, You may also have other rights and defenses or ways of getting your house back, if you
act immediately after the sale,
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE, IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP,
Cumberland County Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
05-24084
.
ALL THAT CERTAIN lot of land and the improvements situated and erected thereon, situate at
56 Broad Street, Borough of Newville, Cumberland County, Pennsylvania, more particularly
bounded and described as follows:
ON THE South by said Broad Street; on the West by property now or formerly of Clair
Sollenberger; on the North by an alley; and on the East by property now or formerly of Glenn
Mohn.
HAVING a frontage on said Broad Street of Sixty (60) feet and extending in depth at an even
width One Hundred Eighty (180) feet to said alley on the North, BEING improved with a Two
and One-Half story brick dwelling house and other improvements,
BEING the same premises which Harold D, Snyder and Tenna K, Snyder, husband and wife, by
Deed dated October 12, 2001 and recorded in the Cumberland County Recorder of Deeds Office
on October 16,2001 in Deed Book 248, Page 3920, granted and conveyed unto John G,
Fetterhoff and Beth A, Fetterhoff, husband and wife,
. .
." ..
SHAPIRO & KREISMA ,LLC
BY: JOSEPH REJENT, SQUIRE
ATTORNEY I.D, NO: 9621
3600 HORIZON DRIVE SUITE 150
KING OF PRUSSIA, P 19406
TELEPHONE: (610) 27 -6800
S & K FILE NO, 05-24 84
Washington Mutual B ,FA
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS,
Beth A. Fetterhoff and J hn G, Fetterhoff
DEFENDANT(S
CE IFICATION OF NOTICE TO LIENHOLDERS
PURSUANT TO PA R.C.P 3129.2 (C) (2)
NO: 05-2205-CIVIL
I, Heather Doyl ,Legal Assistant for Shapiro & Kreisman, LLC, attorneys for the
Plaintiff, Washington utual Bank, FA, hereby certify that Notice of Sale was served on all
persons appearing on E hibit "A" attached hereto, by United States mail, first class, postage
prepaid, with Certificate of Mailing on June 22, 2006, the originals of which are attached and
that each of said persons appears on Plaintiff's Affidavit pursuant to Pa, R,C,P, 3129,1.
The undersigne understands that the statements herein are subject to the penalties
provided by 18 P,S, Sec 'on 4904,
Respectfully submitted,
SHAPIRO & KREISMAN, LLC
BY:
05-24084
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SHAPIRO & KREISMAN, LLC
BY: KEVIN DISKIN, ESQUIRE
ATTORNEY LD. NO: PA Bar # 86727
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, P A 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24084
Washington Mutual Bank, FA
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS.
NO: 05-2205-CIVIL
Beth A. Fetterhoff and John G. Fetterhoff
DEFENDANTS
PRAECIPE TO VACATE JUDGMENT
TO THE PROTHONOTARY:
Kindly mark the Judgment entered on June 22, 2005 in the above entitled action vacated
without prejudice to Plaintiff.
SHAPIRO & KREISMAN, LLC
/
~/
~in Diskin, Esquire
--....
CERTIFICATE OF SERVICE
I, Kevin Diskin, Esquire, hereby certify that on LJ j2J J~ I served a true and correct
copy of the within Praecipe to Vacate Mortgage Foreclosure Judgment upon the
following parties via first class mail, postage prepaid:
Beth A. Fetterhoff
56 Broad Street
Newville, PA 17241
John G. Fetterhoff
56 Broad Street
Newville, PA 17241
SHAPIRO & KREISMAN, LLC
BY:
-<
K in Diskin, Esquire
Attorney for the Plaintiff
~ p ~
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---
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1_,.A..-
..........
SHAPIRO & KREISMAN, LLC
BY: KEVIN DISKIN, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 86727
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, P A 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24084
Washington Mutual Bank, FA
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
VS.
NO: 05-2205-CNIL
Beth A. Fetterhoff
and
John G. Fetterhoff
DEFENDANT(S)
PRAECIPE TO SETTLE. DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above-captioned matter SETTLED, DISCONTINUED AND ENDED,
without prejudice.
SHAPIRO & KREISMAN, LLC
"
BY:~
vin Diskin, Esquire
Attorney for Plaintiff
DATED: 1~)tU
.....,..... ..,
CERTIFICATE OF SERVICE
I, Kevin Diskin, Esquire, Shapiro & Kreisman, hereby certify that on JI J~/~
.
I served a true and correct copy of the within Praecipe to Settle, Discontinue and End upon the
following parties via first class mail, postage prepaid:
Beth A. Fetterhoff
56 Broad Street
Newville, PA 17241
John G. Fetterhoff
56 Broad Street
Newville, PA 17241
SHAPIRO & KREISMAN, LLC
BY: I ~
ftevin Diskin, Esquire
Attorney for Plaintiff
::1
Cf1
r....i
r<;
C;,)
Washington Mutual Bank, FA
VS
Beth A. Fetterhoff and John G. Fetterhoff
In The Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2005-2205 Civil Term
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ
is returned STAYED per letter of request from Attorney Joseph Rejent.
Sheriffs Costs:
Docketing
Surcharge
Prothonotary
Poundage
Postpone Sale
Advertising
Levy
Posting Handbills
Mileage
Share of Bills
Patriot News
Law Journal
30.00
30.00
1.00
13.77
20.00
15.00
15.00
15.00
21.16
19.31
277.40
245.00
$ 702.64
v JQ jJ~ b(, ~
S<V-'~ ~
R. Thomas Kline, Sheriff
BY ~ lorL J SlAArI-t::
Rea~
&-- IS
J,ltfJ S5C;,?t/;c,(
~
...
'~
SHAPIRO & KREISMAN, LLC
BY: JOSEPH REJENT, ESQUIRE
ATTORNEY I.D. NO: 59621
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, P A 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24084
Washington Mutual Bank, FA
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
Beth A. Fetterhoff and John G. Fetterhoff NO: 05-2205-CIVIL
DEFENDANTS
AFFIDAVIT PURSUANT TO RULE 3129.1
Washington Mutual Bank, FA, Plaintiff in the above action, sets forth, as of the date the
praecipe for the writ of execution was filed, the following information concerning the real
property located at 56 Broad Street, Newville, P A 17241.
1. Name and address ofOwner(s) or Reputed Owner(s)
Beth A. Fetterhoff
56 Broad Street
Newville, P A 17241
John G. Fetterhoff
56 Broad Street
Newville, P A 17241
2. Name and address of Defendant(s) in the judgment:
Beth A. Fetterhoff
56 Broad Street
Newville, P A 17241
John G. Fetterhoff
56 Broad Street
Newville, P A 17241
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Washington Mutual Bank, FA
8120 Nations Way, Building 100
Jacksonville, FL 32256
'i
.
4. Name and address of the last recorded holder of every mortgage of record:
Washington Mutual Bank, FA, Plaintiff
8120 Nations Way, Building 100
Jacksonville, FL 32256
5. Name and address of every other person who has any record lien on the property:
NONE
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
Cumberland County Domestic Relations
13 North Hanover Street
P.O. Box 320
Carlisle, P A 17013
7. Name and address of every other person of whom the plaintiff has knowledge who has
any interest in the property which may be affected by the sale:
TENANT OR OCCUPANT
56 Broad Street
Newville, P A 17241
I verify that the statements made in this affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are
made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to
authorities.
SHAPIRO & KREISMAN, LLC
BY: (1../ W-
J~Rejen~~Squire
05-24084
'ti
SHAPIRO & KREISMAN, LLC
BY: JOSEPH REJENT, ESQUIRE
ATTORNEY I.D. NO: 59621
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, P A 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24084
Washington Mutual Bank, FA
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
Beth A. Fetterhoff and John G. Fetterhoff NO: 05-2205-CIVIL
DEFENDANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: John G. Fetterhoff
56 Broad Street
Newville, P A 17241
Your house (real estate) at:
56 Broad Street, Newville, P A 17241
28- 21-0361-040
is scheduled to be sold at Sheriffs Sale on September 6, 2006 at:
Cumberland County Sheriffs Office
1 Courthouse Square
Carlisle, P A 17013
at 10:00 AM, to enforce the court judgment of$96,125.61 obtained by Washington Mutual
Bank, FA against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriff's Sale you must take immediate action:
1. The sale will be cancelled if you pay back to Washington Mutual Bank, FA the amount
of the judgment plus costs or the back payments, late charges, costs, and reasonable
attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more
chance you will have of stopping the sale. (See notice on page two of how to obtain an
attorney. )
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (610) 278-6800.
.
5. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
6. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened you may call 717-240-6390.
7. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened.
8. You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer.
At that time, the buyer may bring legal proceedings to evict you.
9. You may be entitled to a share of the money, which was paid for your house. A schedule
of distribution of the money bid for your house will be filed by the Sheriff no later than
January 6, 2006. This schedule will state who will be receiving the money. The money
will be paid out in accordance with this schedule unless exceptions (reasons why the
proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the
date of filing of said schedule.
10. You may also have other rights and defenses or ways of getting your house back, if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
05-24084
,
ALL THA T CERTAIN lot of land and the improvements situated and erected thereon, situate at
56 Broad Street, Borough of Newville, Cumberland County, Pennsylvania, more particularly
bounded and described as follows:
ON THE South by said Broad Street; on the West by property now or formerly of Clair
Sollenberger; on the North by an alley; and on the East by property now or formerly of Glenn
Mohn.
HAVING a frontage on said Broad Street of Sixty (60) feet and extending in depth at an even
width One Hundred Eighty (180) feet to said alley on the North. BEING improved with a Two
and One-Half story brick dwelling house and other improvements.
BEING the same premises which Harold D. Snyder and Tenna K. Snyder, husband and wife, by
Deed dated October 12,2001 and recorded in the Cumberland County Recorder of Deeds Office
on October 16,2001 in Deed Book 248, Page 3920, granted and conveyed unto John G.
Fetterhoff and Beth A. Fetterhoff, husband and wife.
SHAPIRO & KREISMAN, LLC
BY: JOSEPH REJENT, ESQUIRE
ATTORNEY I.D. NO: 59621
2520 RENAISSANCE BL YD., SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 05-24084
Washington Mutual Bank, FA
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
vs.
Beth A. Fetterhoff and John G. Fetterhoff NO: 05-2205-CIVIL
DEFENDANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Beth A. Fetterhoff
56 Broad Street
Newville, P A 17241
Your house (real estate) at:
56 Broad Street, Newville, P A 17241
28-21-0361-040
is scheduled to be sold at Sheriffs Sale on September 6, 2006 at:
Cumberland County Sheriff's Office
1 Courthouse Square
Carlisle, PA 17013
at 10:00 AM, to enforce the court judgment of$96,125.61 obtained by Washington Mutual
Bank, FA against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be cancelled if you pay back to Washington Mutual Bank, FA the amount
of the judgment plus costs or the back payments, late charges, costs, and reasonable
attorneys fees due. To find out how much you must pay, you may call: (610) 278-6800.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more
chance you will have of stopping the sale. (See notice on page two of how to obtain an
attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
4. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling (610) 278-6800.
5. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
6. The .sale will go through orily if the buyer pays the Sheriff the full amount due in the sale.
To find out if this has happened you may call 717-240-6390.
7. If the amount due from the buyer is not paid to the Sheriff, you will remain th.e o\\oner of
the property as if the sale never happened.
8. You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer.
At that time, the buyer may bring legal proceedings to evict you.
9. You may be entitled to a share of the money, which was paid for your house. A schedule
of distribution of the money bid for your house will be filed by the Sheriff no later than
January 6,2006. This schedule will state who will be receiving the money. The money
will be paid out in accordance with this schedule unless exceptions (reasons why the
proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the
date of filing of said schedule.
10. You may also have other rights and defenses or ways of getting your house back, if you
act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE
THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL
HELP.
Cumberland County Lawyer Referral Service
Telephone: 717-249-3166
Cumberland County Bar Association
32 South Bedford Street
Carlisle, P A 17013
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT TIDS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
05-24084
.
ALL THAT CERTAIN lot of land and the improvements situated and erected thereon, situate at
56 Broad Street, Borough of Newville, Cumberland County, Pennsylvania, more particularly
bounded and described as follows:
ON THE South by said Broad Street; on the West by property now or formerly of Clair
Sollenberger; on the North by an alley; and on the East by property now or formerly of Glenn
Mohn.
HAVING a frontage on said Broad Street of Sixty (60) feet and extending in depth at an even
width One Hundred Eighty (180) feet to said alley on the North. BEING improved with a Two
and One-Half story brick dwelling house and other improvements.
BEING the same premises which Harold D. Snyder and Tenna K. Snyder, husband and wife, by
Deed dated October 12, 2001 and recorded in the Cumberland County Recorder of Deeds Qffice
on October 16, 2001 in Deed Book 248, Page 3920, granted and conveyed unto John G.
Fetterhoff and Beth A. Fetterhoff, husband and wife.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
..
NO 05-2205 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA Plaintiff (s)
From BETH A. FETTERHOFF AND JOHN G. FETTERHOFF
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION,
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) Ifproperty of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated,
Amount Due $96,125.61
Interest FROM 6/23/05 TO 9/6/06 - $6,822.27
L.L.
Atty's Comm
%
Due Prothy $1.00
Other Costs
Atty Paid $876.63
Plaintiff Paid
Date: MARCH 13, 2006
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(Seal)
By:
Deputy
REQUESTING PARTY:
Name JOSEPH REJENT, ESQUIRE
Address: SHAPIRO & KREISMAN, LLC
2520 RENAISSANCE BLVD., SUITE 150
KING OF PRUSSIA, P A 19406
Attorney for: PLAINTIFF
Telephone: 610-278-6800
Supreme Court ID No. 59621
I,,'
Real Estate Sale # 13
On May 04, 2006 the Sheriff levied upon the
defendant's interest in the real property situated in
Newville Borough, Cumberland County, P A
Known and numbered as 56 Broad Street,
Newville, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: May 04, 2006
By:
~~S~
Real EsQ,te Sergeant
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PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYL VANIA
SSe
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
VIZ:
July 21, July 28, and August 4,2006
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
SWORN TO AND SUBSCRIBED before me this
4 day of August. 2006
NOT AR AL SEAL
LOIS E. SNYDER, Notary Public
Carlisle Boro, Cumberland County
My Commission Expires March 5, 2009
REAL B8TATE SAL& NO. 13
Writ No. 2005-2205 Civil
Washington Mutual Bank, FA
vs.
Beth A. Fetterhoff and
John G. Fetterhoff
Atty.: Joseph Rejent
ALL THAT CERTAIN lot of land
and the improvements situated and
erected thereon, situate at 56 Broad
Street, Borough of Newville,
Cumberland County. Pennsylvania.
more particularly bounded and de-
scribed as follows:
ON THE South by said Broad
Street; on the West by property now
or formerly of Clair Sollenberger; on
the North by an alley; and on the
East by property now or formerly
of Glenn Mohn.
HAVING a frontage on said Broad
Street of Sixty (60) feet and extend-
Ing In depth at an even width One
Hundred Eighty (180) feet to said
alley on the North. BEING improved
with a Two and One-Half story brick
dwelling house and other improve-
ments.
BEING the same premises which
Harold D. Snyder and Tenna K.
Snyder. husband and wife. by Deed
dated October 12, 2001 and re-
corded in the Cumberland County
Recorder of Deeds Office on Octo-
ber 16. 2001 in Deed Book 248,
Page 3920. granted and conveyed
unto John G. Fetterhoff and Beth
A. Fetterhoff. husband and wife.
....
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16,1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Mar-ket
Street, in ~he City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared in the 19th and 26th day(s) of July and the
2nd day(s) of August 2006. That neither he nor said Company is interested in the subject matter of said printed
notice or advertising, and that all of the allegations of this statement as to the time, place and character of
publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
S ALE #13
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
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