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Home My WebLink About05-2517 II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW No. 2005 - ~sq c;utL'J-UVri Adams County National Bank, Successor By Merger To Farmers National Bank Of Newville, Plaintiff vs. Action of Mortgage Foreclosure David W. Bobb and Tammy J. Bobb, Defendants To: David W. Bobb and Tammy J. Bobb, Defendant NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Telephone Number: 717-249-3166 II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Adams County National Bank, Successor By Merger To Farmers National Bank Of Newville, No. 2005- Plaintiff vs. Action of Mortgage Foreclosure David W. Bobb and Tammy J. Bobb, Defendants To: David W. Bobb and Tammy J. Bobb, Defendants A VISO USTED HA SIDO DEMANDADO/A EN LA CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes piiginas, debe tomar acci6n dentro de los proximos veinte (20) dias despues de la notificacion de esta Demanda y A viso radicando personalmente 0 por medio de un abogado una comparecencia escrita y radicando en la Corte por escrito sus defensas de, y objecciones a, las demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriorrnente, el caso puede pro ceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propiedad u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABOGADO INMEDIA T AMENTE. SI USTED NO TIENE UN ABOGADO, LLAME 0 VA Y A A LA SIGUIENTE OFICINA. ESTA OFICINA PUEDE PROVEERLE INFORMACION A CERCA DE COMO CONSEGUIR UN ABOGADO. SI USTED NO PUEDE P AGAR POR LOS SERVICIOS DE UN ABOGADO, ES POSIBLE QUE ESTA OFICINA LE PUEDA PROVEER INFORMACION SOBRE AGENCIAS QUE OFREZCAN SERVICIOS LEGALES SIN CARGO 0 BAJO COSTO A PERSONAS QUE CALIFICAN. Cumberland County Bar Association 2 Liberty Avenue Carlisle, P A 17013 Telephone Number: 717-249-3166 !I " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Adams County National Bank, Successor By Merger To Farmers National Bank Of Newville, ;:;JS11 No. 2005 Plaintiff vs. Action of Mortgage Foreclosure David W. Bobb and Tammy J. Bobb, Defendants COMPLAINT IN MORTGAGE FORECLOSURE AND NOW, this ~L. day of ~ , 2005 comes Plaintiff, Adams County National Bank, successor by merger to Farmers National Bank of Newville, by its attorneys, Puhl, Eastman & Thrasher, who brings this action in mortgage foreclosure against David W. Bobb and Tammy J. Bobb, Defendants, whereof the following is a statement: 1. Tbe Plaintiff is Adams County National Bank, successor by merger to Farmers National Bank of Newville , Mortgagee, a national banking corporation organized and existing under the laws of Congress relating to national banks, with its main office at 16 Lincoln Square, Borough of Gettysburg, Adams County, Pennsylvania 17325. 2. Defendants, David W. Bobb and Tammy J. Bobb, are adult individuals whose last known address is 333 Oak Flat Road, Newville, Cumberland County, Pennsylvania 17241. 3. Defendants are not in the military or naval service ofthe United States or its allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act ofthe Congress of 1940, as amended. 4. On December 11, 1997, Defendants made, executed, and delivered a mortgage upon real estate hereinafter described to Plaintiff as Mortgagee, which mortgage is recorded !I " in the office of the Recorder of Deeds of Cumberland County, Pennsylvania in Mortgage Book 1423 at page 677. A copy of said mortgage is attached hereto and marked as Exhibit "A". Said mortgage is incorporated herein by reference. 5. The mortgage secures Defendants' note dated December 11,1997, in the amount of $50,000.00, payable to Plaintiff in monthly installments with interest adjusted as per terms of the note, a copy of which is attached hereto as Exhibit "B" and incorporated herein by reference. 6. There has been no assignment of said mortgage. 7. The real estate subject to the mortgage is described as follows: ALL that certain tract ofland, together with the improvements erected thereon, situate in West Pennsboro Township, Cumberland County, Pennsylvania, more particularly bounded and described as Lot No.3 as shown in accordance with a Subdivision Plan prepared by Stephen G. Fisher, R.S., dated May 27, 1987 and recorded in Cumberland County Plan Book 53, Page 72, as follows: BEGINNING at a point in the center line of Oak Flat Road (T-353) at the comer of Lot No.4 on the aforementioned Subdivision Plan; thence by said Lot No.4, North 6 degrees 19 minutes 45 seconds West 245.00 feet to a point at lands now or formerly of Charles J. Heckendorn, et al.; thence by said lands now or formerly of Charles J. Heckendorn, et ai, North 83 degrees 40 minutes 15 seconds East 150.00 feet to a point at Lot No.2 on the aforementioned Subdivision Plan; thence by said Lot No.2, South 6 degrees 19 minutes 45 seconds East 245.00 feet to a point in the center line of said Oak Flat Road; thence by said center line, South 83 degrees 40 minutes 15 seconds West 150.00 feet to a point, the place of BEGINNING. BEING THE SAME REAL ESTATE WHICH Jeffrey 1. Kelly, by deed dated December 22, 1995 and recorded in the Office of the Recorder of Deeds in and for Cumberland County in Deed Book 133, Page 276 granted and conveyed to David W. Bobb and Tammy J. Bobb, his wife, Mortgagors herein. 8. The present owners of the real estate subject to the mortgage are Defendants. II 9. Said mortgage is in default because the payments of principal and interest, which have become due and payable on January 29,2005, and on the 29th day of each month, thereafter, remain due and unpaid. By the terms of said mortgage and at the option of Plaintiff, the whole of the said mortgage debt and interest is immediately due and payable. 10. By reason of the aforesaid default, the following amounts are due in accordance with the terms of the mortgage: (a) Balance of unpaid principal (b) Interest from 3/1105 to 5/4/05 (Plus $3.37 per diem thereafter) (c) Late charges to 5/4/05 (Plus $25.36 per month thereafter) (d) Attorney's commissions TOTAL $33,942.46 $ 542.33 $ 355.04 $ 2,612.99 $37,452.82 11. The attorney's commissions set forth above are in conformity with the mortgage documents and Pennsylvania law and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to the Sheriffs Sale, reasonable attorney's fees will be charged based upon on legal work actually performed. 12. The Combined Notice of Delinquency, which satisfies the requirements ofthe Notice ofIntention to Foreclose pursuant to Act 6 of 1974 (41 P .S. S403) and the Notice of Homeowners' Emergency Mortgage Assistance pursuant to Act 91 of 1983 (35 P.s. SI680.40lc), as amended, have been sent to Defendants by first-class mail, postage prepaid, and by certified mail, retum receipt requested. Copies of the Combined Notice of Delinquency sent to Defendants are attached hereto and marked as Exhibit "C". Said Notice is incorporated herein by reference. The Certified Mail Receipt (PS Form 3800) and Domestic Return Receipt (PS Form 3811) from the mailing of said Notices to Defendants are II attached hereto and marked as Exhibit "D". Said Receipts are incorporated herein by reference. 13. The temporary stay provided by said Combined Notices of Delinquency has terminated. Defendants have failed to cure the aforesaid default. WHEREFORE, Plaintiff demands IN REM judgment in mortgage foreclosure for the sum of$37,452.82, plus interest from May 5, 2005, at a per diem of$3.37, additional late charges, costs of suit, and other charges collectible under the terms of the mortgage; for the foreclosure and sale of the mortgaged property; and for other relief as the Court deems appropriate. Respectfully submitted: :~f;::WUER Richard E. Thrasher, Esquire Attorney ID Number 22904 Attorney for Plaintiff 220 Baltimore Street Gettysburg, P A 17325 (717) 334-2159 , " 'j .- Ii IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL VANIA CIVIL ACTION - LAW Adams County National Bank, Successor By Merger To Farmers National Bank Of Newville, Plaintiff vs. David W. Bobb and Tammy J. Bobb, Defendants No.2005-SU- Action of Mortgage Foreclosure VERIFICATION TO COMPLAINT IN MORTGAGE FORECLOSURE I, Susan M. Saylor, do hereby state that I am Assistant Vice President, Collections, of Adams County National Bank, that I am authorized to make this verification, and that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. I understand that this statement is being made subject to the penalties of 18 Pa.C.S. 94904, relating to unsworn falsification to authorities. Dated: $'-,,/-00' { q: usan M. Saylor ;; Assistant Vice President,Collections Adams County National Bank .3:7';-17 - ~='~ ... i: , -~..J . RUlIERT ;R.ZIEGLER , PE~;ORbER OF DEEOS t\I'bIBERLAN~ COUNH' PI\; tBiIl)[C ZliFl'\ 1 ~ij - [Space~'" ThiS. UBI for Reto,dina Data} MORTGAGE THIS MORTGAGE ("Securitylnstrument;'is given on .. . Rl\9.'il)\l);j!'ll': ..1.1',... .... .,........-.. ......-... ............... .'...... 19 . ,n. . The mortgago' is ..M-VIR..W... . llQ$;ll.;. II. .~l\..l)l/'JX..J.,. .llmw....'!jH$.I;>!~~f1.."'\l.9.. !!~.f."'..... ..... ... .......,. ." ..' .... ,.. ".. .... ..... .... ....... ......'.. ..1. ("Borrower'1- 'I1iis Security Instrument,is given to .R~.~RR ..~.~~:I;~~~.J;..". .....'...'. .. .BANX:..OF..,NEwv.ILLE.. .:.. ,;.,...: .:..:....:.... ... ... .:... ........ ......: .., .... .......... . which is organized and existing under !be law. of ...P.Ii:NNSYLVANLA.......................:.:.. . an~ whOse address' is ..1...W.el>t..atg..~.p.J;.tng................... .... ..Avenue,..-Newville.,.. PA.. ....... ... ..,',.. ... ...... ,;... ... ...... ..~. ... ("Lenderj. Borrower owes Lender the principal sum of ,------~n--~---n~F.IF:l'X. .'J.:l(0):]:3Al'lO.~""~.7.7.~";:~.~.~:-:;:;:.7.7.7::;:7.7.7.7::::7.7.7.~ ::7.7.7..... Dollan (U.S. $. '5.0 ~'.O(;.Q'~ nO,' ')','~ d;b~'i's' ev.idcnced by Borrower's ,Dote dated the' same 'date as this Sec]Jrity Instrument ("Note'?, which provides for Dlonthlypayments, with the full debt,'unot paid earlier. due and payable on," ..Decem.beJ: ..1.1.,. .20.12.. ..... ... . This Security Instnimentsecmcs to Lender:{a) thcre'payment ofthc debt evidenced by th~ Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other s,unis, with interest, advanced under paragra.ph 7 to protect the security of this Security Instrument; and (c) the performance of BatT ower's covenants and agreements under this Security Instrument and the Not~. For this purpose, Borrower does hereby Didrtgage, 'graq~, and convey to Lender the following' d~cribed property located in .. .Wes t. ... . . ............... .P.e.nnaho,t".o.. ~QW);ll>hj,p./.. !:;llll1\>.'i',,),i'.nll.....,.... ..."....:.................. Counly, Pennsylvania: . . , , See, Exhibit A, tncOt"Porated by reference herei~ which has the address Of .... ..~.~~.~9.~.l$:..f.J-..~.t;';.R~~Q.. ....:. ....... ...... , iStreet] . Newville ..................--ici~i".............. Penn$ylvani~ _. ..1'J.i:!.~.1... ..... ... .~.. ("Property Mdressj; lZlpCodeJ '.' ' , I'..... . TOGETHER WITH.all the improvements now orhe[e~ter erected on the property, and all easements, appurtenances, and ftxtures now or hereafter a part of the p~operty. All rCp'l~cj:ments,and, additions shall ~ISQ be co.vered by this Security Instrument. All of the foregoing is referred to in this Security -Instrument as the "Property." , BORROWER COVENANTS that Borrower is iawfuUy seised of the es~ate hereby c~nveyed. and ~ the right to ~ortgage, grant and convey the' Property and that the' Prope~y is unenc~bered, 'except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all c1i4ns and' demands, subje~t to any encumbrances of record. , . . THIS SECURITY INSTRUMENT comtiines -,uniform convenllD.ts for national use and non~uniform covenants with limited variations by jurisdiction to constitute a uniform se~ty mstJ;Ument co'(ering real property. UNIFORM COVENANTS. Borrower. and Lender coven'ant and agree as follows: 1. Paymellt oC Principal and Interest; Prepit:yment aud Late Charges. Borrower shall pr,amptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due'under the Note. , l . I. ..... 2. Funds lor Taxes and Insurance. Subject tCftpplicablela'''''oftoaWrittenwaiver by Lend~r, Borrow'er shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full. a.sum ("Funds" for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien an tl1e Property; (b). yea.~ly leasehold payments or ground rents on the Property, if any; (c) yearly h~ardor propt.rty insurance premiutns; (d) yearlyJloodinsurance premiums. if any; (e) yearly mortgage insurance premiums, ,if any; and (1) any sums' payable by Bon;owcr to Lender, in accordance with the provisions of paIagraph S, in lieu of the payment of mortgage insurance premiums: These items are called "Escrow Items." Lender may. at any time, collect and hold Funds in an amount not to exceed the maximum amount a lender for aJederally f;llated mortgage ~oan may'require for Borrower's escrow account under the federal Real Estatt; Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. ~ 2601 et seq. ("RESPA'j, unless another law that applies to the Funds sets a lesser amo-qnt. If so, Lender may, at any time. collect and hold Funds in an amount not to exceed the lesser amount. Lender may ~stimate the amount of Funds dile OD, the basis of current data and reasonable estimates of expenditures of future Escrow Ite~s or'otg,erwise in accordance with applicable iaw. The Funds shall be held in a,n institution whose deposits are in~ured bya federal agency, instrumentality, or entity (including Lender, if Lender is such an institution) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for ~olding and applying t~e Funds, annually analyzing: the escrow account, or verifying the Escrow Items, unless Lender pays BorroVier interest' on th~ Funds and f:lppJicable law permits Lender'to make such a charge. However, Lender may require , PENN.SYLVANIA-single FamilY-Fanniellaa/Freddi. Ma~ UHlFORM INSTRUMENT ' . Form 3039 (9/90) (page I of4p(lges) . EXHIBI",. A BQ~K1123pAGE, . 677' ,. .." Borrower to pay a one-time ch,arge for aI1-indep~hdeAt.~~8J .e~iate 'ta:tfEporting service used by Le~der in connection with this loan, uWess applicable law provides otherwise. Unless aU agreement is made or applicable law requires interest to be paid, Lender shall not be required to pay Borrower any interest or earnings on the Funds. BOITowerand Lender may agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower; without charge, an annual accounting of the Funds., showing credits and debits to the Funds and the purpose for which each debit to theFunds was made. The Funds are pledged as additional security for aU BUIDS secured by this Security Instrument. . If the Funds held by Lender exceed the aIlloQuts pe~itted to be held by applicable law>,.Lender shall account to Borrower for the excess Funds in accordance with tbe requirements of applicable law. If the amount of the Funds held by Lender at any time is not sufficient to pay tbe EscrOW Items when due, Lender may so notify Borrower in wnting, and, in shch case, Borrower shall pay to Lenderthe amount nece;>sary to make up the deficiency. Borrower shall make up the deficiency in no more than iwelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrumen~~,Len'dershallpromptlyrefund to Borrower any Funds held by Lender. If, under paragraph 21, Lerid~r shall acquire or sell the Property, Lender, prior to the acquisition ot sale of the Property, sban apply any Funds held by Lender at the time of acquisition or sale as a 'credit against the sums 'secured by, this Security Instrument. 3. Application oCPayments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs I and 2 shall be applied: first, to ~y prepayment charges due under the Note; second, to amounts- payable under paragraph 2; third, to interest due; fourth, to principal due; and last,. to any late charges due under the Note. ~. C~~~~;"!-i~.;. ~~)J!~~r ~~~ll R~r}~n t_~~~lI:8~e.s_s~~~,~!.~~~[~ fine~. and ~po~itil?~ attributable to the Prop.eity whic~ may attain priority over this SecuntyInstrument, and leasehQld payments bi ground tents} if any. Borrower shall pay these obligations In the manner provided in paragraph 2, or if not paid in that manneT, B~irowtr sh'all pay them em time directly to tbe person owed payment. Borrower sball promptly furnish to Lender all notic\=s of amounts to, be'paid,under tbis paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender reCeipts. evid~ncing the payrrients. Borrower shall promptly discharge any lien 'whioh has priority ovc;r this Security: Instrument unless Borrower: (a) agrees in writing to the payment of the obligation se~ured by the lien in,amanner acceptable to J;..ender.; (b) contests in good faith the lien by. or defends against enforcement of the lien in,'legal'proceodings which'in the Lender's opinion operate to'pt;eyent the enforcement of the lien; or (c) secures from the holder of the lien an agreeme.nt satisf~orY ti)"Lender subordinating th~ lienl tp i~s Security InstruD;len~. If Lender determiIlcs that any part-of the Property is subject to a lien which may 'attain priority overthlS Security Instrument, Lender may give Borrower a notice identifying-the lien. Borrower shall satisfy'tlielieri:or take one or mor.e of the actions Set forth above within 10 days of the giving of notice. 5. Hazard or Property Insurance. Borrower shall keep the Unpr~ve:ments now existing or h,ereafter erected on the Property insured against loss by rue, hazards in~bided within the term ~'extended coverage" and allY otheI ha:z.aros, including floods or flooding, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the: periods that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's' approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be ;icceptable to Lender and shaH include astandard mortgage clause. Lender shaH have the right to hold the pOlicies and renewals. If Lender requires, Borrower shall promptly give to, Lender all receipts of paid premiums and renewal notices. In the event onoss, Borrower s};Lall give prompt notice-to ,the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. " Unless Lender and Bonower-otheI-Wise-agree in writing, insurance-proceeQs'shall be applied to-restoratioD''Oucpair of the Property damaged, if the restoration or repair is economicaUy feasible and Lenp-er's security is not lessened. If the restoration or repair is not economically feasible or Lender's security would be leSsened, the insurance prOceeds shall be applied to the sums secured by this Security Instrument, whether or not then due', with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lendermay collect the insurance proceeds. Lender may use the proceeds to repair or restore the Properly or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any, application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred,to in paragraph~ I and 2 or change the amount of the payments. Ifunder paragraph 21 the Property is acquired by Lender, Borrowe1"s right to any insura~ce policies and proceeds resulting from damage to the Property prior to the acquisition shall pass to Lender to the exten1 of. the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy I Preservation, Maintenance and p'rotection of the troperty; Borrowef's Loan Application; Leaseholds. Borrower shall occupy. establish', and use the Property as Borrower's principal reil.iden'ce withi~sixty days after the execution oCthis Security Instrument and shall continue to occupy the Property as Borrower's'prinCipalresidence for at least one year after the date of occupancy, unless Lender otherwise agrees in Writing, which'co'nsent shall not be1inreasonably withheld, o~unless extenuating circuIIlStances exist which are beyond Borrower's'coiItrol Borrower shall not ~estroy, damage or impair the Property; allow the Property to' deteriorate, or commit waste onthe Property. Borrower shall be in default if anyiforfeiture action or proceeding, wbether civil or criminal. is begun that in Lender's good faith judgment could result in forfeiture' of the Property or otherwise'iI1ateriBnyimpair ~he lie'n created by this Security Instrum'ent or Lender's security interest. Borrower may Clire such a'default and reinstate, as provided in 'paragraph 18, by causing the action or proceeding to be dismissed with aruling that, in Lender's good faith detennina~on" precl~des forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by tbis Security InstrUment or Lender's security interest. Borrower shall also be in default if Borrower, during the-loan applica,tion-procoss-,.ga:ve,materially-falSe'-or,inacourate-information or;statements to Lender (or failed to provide Lender with,any :inM~riat ,inforiri'ationl ,iii:'.comiection .with tlie loan evidenced by the Note, including, but not liDlited to, representations concerning Borrower's occupancy of the Prollerty as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acql1ires fee title to the Property, the leasehold and the fee title shalt not merge unless Lender agrees to the merger in WIiting..-, ; " - 7. Protection oCLender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, 01' theTe is a legal proceeding that may significantly affectLender's rights in the Pr9perty (such as II proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lcndel"s rights in the Pl'Operty~ Lender's actions mll;Y mclude paying any sums secured by a lien which has priority over this Security Instrument, appearing in court, paying rc;:asonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, L~P4er, does U91' have to do so. Any amounts di~bursed by Lender under this paragraph 7 shall'beeomelaUditiorlal d,Eht '?fB?ftpwer secured by this Security Instrument. Unless Borrower and Lender agree to other terms of payment, 'these amounts shall bear interest from the date of disbursement at the Note rate and shall be payable; with interest, upon notice from Lender to Borto:w.er reque~ting pJ!.ymeDt. 8. Mortgage Insurance. HLender required mortgage insurance as a condition of makingth,~ loan secure'd by this Security Instrument, Borrower shall pay the premiums required to maiJ.1tain the mortgage insurance in eff~t. If, foC: any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the ~remiumS required to obtain coverage substantially equivalent to the mortgage ins\lrance pv"'ously in effect, at a cost subStantially equiv~eljt to the cost to Borrower of the mortgage , C78 FOI1Jl 3039 9/90 (page 2 of 4 pages) ',- , BOO! 142.... . rlGE, v , '~ ",',",J insuranr.c previously in effect, from an 2'--"'" 'ate mortgage i~urer app~oyed -by Lender "ilbstantially equivalent mortgage insurance coverage is not available, Borrower shalt'~ "-:I to' Lender.each mQnth a SUID equal to one-tweu'..h of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a los8 re~erve in lieu of mortgage insurance. Loss reserve payments may no longer be required. at the option of Lender, if mortgage insurance coverage (in the amount and forthe period th~t,Lenderrequires) provided by an insure:r approved by Lender again becomes available and is obtained, Borrower shall pay the preD:riums required tb maintain mortgage iIiBurance in effect. or to provide a loss -reserve, until the requirement 'for mortgage insurance ends in accordance with any wnUen agreement betwee1i. Borrower and Len~er or applicable law. 9. Inspection. Lend . I~ entries upon and inspections of the Property. Lender shall give Borrower notice at the time of or asonable cause for the inspection. 10. 'Condemnation. . for damages, direct or consequential, in connection with any condemnation or other taking of any p .' ce in lieu of condemnation, are hereby assigned and shall be paid to Lender. In tbe event oia total taking .ufthe Property, the proceeds shall be applied to the sums secured by this Security Instrument, wh,ether or not then due, with "any ~xcess paid to 'Borrower. In,~he even,t of a p~a1 ~aking of ~e Property in which the fair market value.of the Property immediately bCfore the takingisequal to o(greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise "agree in writing, the sums secured by this Security InstrumcntshaU be reduced by the amonntof the pro~eds multiplied by the following fraction: (a) the total aplount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the froperty in which $e fajr mar~etvalu~,of the Prq~rt}' immediately before the taking is less than the amount of the sums secured hllmediately before the taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the' proc~ds shall be applied to the sums secured by this Security inst'ruD;1ent whether or not the sums are then due, If the Property is abandoned by Borrower, OJ;' if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for dam'ages, 'Borrower fails to respond to Lender within 30'days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its pption, ejthe~td restoration or repair oUhe-'Property' -or to the sums secured by this Security Instrument, whether or not then 'due. ' Unless Lender and Borrower otherwise agreeih writing. any applicatio~ of proceeds to principalshall not extend or postpone the due' date of the monthly payments referred to in paragraphs I and 2 or c,hange the amoUnt of such payments. 11. Borrower Not ReleuedjForbearanee' By Lender Not. a' Waiver; Extension of the, time for payment or modification of amortization of the sums secufed,lJythisBecurity Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original,Borrower or Borrower's succe~sors ill mtercst. Lendtrshall not be required to commence proceedings against any successor in interest or refuse to extend time for paytncnt or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made'by the'original Borrower or Bonowef's successors in interest. Any forbearance by Lender in exercising any right or remedy shall'not be a'waiver'of or preclude the exercise of any right or remedy. U. Succes$ors..and Assigos.BoUnd;,Joiot.aod Several,Uabilit'yj-Co-Slgners.. Thc'coven3Dts and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the proVisions of paragraph 17. Borrower's covenants and agreements shall be Nint and several. Any BoO'owerwho co-signs this Security Instrumentbutdoes not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security IIl/i,trument;'(b) is Dot personally Qbligated ~o p,ay t~e sums secured by thi4 Security Instrumentj and (c) agrees that Lender and any other Borrower may agree,to extend. riiod~y, fai-Dear ~or make any accomm~dations with regard to 'the terms of this Security lnBtrumeot or the Note without that aorrower!s'consent. , 13. Loan Charges. If the loan secured by this Security Instrument is 8u~ject to a law which sets maximum loan charges and that law is finally interpreted so tpat, th~ interest ~<btherlcian charges collected -orJ~ be coUec_ted in connection \Vith,the loan e~ceed the permitted limits, then: (a) any s~cli Joan charge sh~~_be reduced by the arg.ount neceSsary to redu~e the charge to the permitted limit; and (b) any sumB already collected from Borrower whicbeXcceded pen;oitted limits will be re,funded to Borrower. Lender may choose to make this refund by reducing the principal owedun4er the Note orby miilihg a' direct payment to Borrower. If arefund reduces principal, the reduction will be treated as a partial prepayment"without _any.prepa~nt cbargeunder the Note. ' 14. Notices. Any notice to Borrower p~ovided ~or iiji this S.ecurity Instnunen~_ shap be given by delivering it or by mailing it by fIrst class mail unless applica~le law requires use of aI!-other method. nie no~ice shall be direcie4 to the Property Address or any other address Borrower desigriates by notice to Lender; Any noticq to ,Lender sh'a)} be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower~ Any notic~ provided f~r in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as proVided in this paragraph. IS. Govermng Law; SeveraJiilifir'. This Security Instrument shall be goveQled by federallaw'ind the law of the jurisdiction in which the Property is located. In ~e ev~nt th8.~ any provis'ioii or cla~se 'of this Security Instrumeliltor the Note conflicts with applicable law, such conflict shall not affect other proVisidns of this Security Instrumentorthe Note which can b,e given effect without the conflicting provision. To this end the provisions of this SeclitityInstrfu:Dcnt arid the Note are declared to'be 'severable. ' 16. Borrower's Copy. Borrower ~a1lbe given ,<)lie coDformed copy of the Note' and ,of this Security Instrument. 17. TraUMa of the Pi()p~l,or a lSeneficial Interest In'Do,trower.if all or any 'part of the Propmy Of any interest in it is sold or traiisferred- (or if a beneficial int~rQst in Borrower is sold or ticw.sfeiTe4' ~nd Borrower is not a natural person) without Lender's _prior written consent, Lender may') <it its' ?ptiOJl1 requi~e imme~iatfrpay'mel~t~ full,. of an sums seCured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by_ federal law ~ of the date of this Security Instrument, If Lender e'xCfcises tbis opt~on. Lender shall give BOlfp.wer notice of acceleration.The notice shall provide a period ofnotIess than 30 day's from the date the notice is delivered or mailed within, which. Borrower must pay all' sUms secured by tliis Security Instrument. If Burrower" fiti1s.td~p"ay1hesc~ums'pritrWth~p:mrtimYM1liis:~!"rioa~' ,p:iliiet-'ma.y' ihVokcn\ny remedies' periDihed by 'this Security Instrument without fuither notice or demand on Borrower. ' 18. Borrowet'a Right to Reinstate.1f B{jri:ower meets ceitmri conditions, Borrower shall,havethe right to.have enforcement of thu. Security Instrument discontinued at an)r. tiIDe ~rior 'to the earlier of: (a)5' days (or su~h other periOd as applicabie law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of ajudgment enforcing this Security Instrument. Tl10se eonditions_are that Borrower: (a) p~ys Lender all 'sums which t!;len would be due under this Security Instrument and the N ote ~s if no acreleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurredin enforcing this Security Instrument, inclU:ding;Dut not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably reqJlire to'assure that the lien oftJiis SecuntyInstrument, Lender's rights in-the Property and Borrower's obligation to pay t,he sums secured by this Security Instrument shall continue-unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in tbe case of ,acceleration under paragraph,17. 19. Sa.le ofNote;'Change of Loan SeJVlcer. The Note or a partial intere/lt in the Note (together with tbis Security Instrument) may be sold one or mdre times without p~ior notice .to' Borrower. A sale ma}' result in a change in the entity (known as the "Loan Servicer") that collects monthly payments due'under the,No~e an~ this Sccuriiy Instrument. Ther~ also may be (:me or more changes of the Loan Servicer unrelated to a sale of the Note. If there is ,a change of the Loan Servicer, Borrower will be: given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any otherinfoniiation required by applicable law. Qli~lIi"~\~-~_ -.:~__ fWm3039 (9/90) (page3of4pages) j ',~ ,,"'~u. I 20. Hazardous Substances. Borrower shaIl not _,cause ~r permit the presencel use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violatio~ of any Environmental Law. The precediilg two sen:tences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generlilly recognized to be appropria'te to normal residential uses and to maintenance of the Property. Borrower shall promptly giv~ Lendcrwritteo n'otice ohny investigatio~, claim, demand, lawsuit or other action by any governmental or regulatory agency orpnvate party involving the Property and any HazlU'dous Substance or Environmental Law of which Borrower has actual knowl~ge. If Borrower learns, o~ is notified by'~y governmental or regulatory-authority, that any removal or other remediation of any Hazardous Substance affectingthe'Prope~ris necessarY, Borrower shall ptomptlytake all necessary remedial actions in accordance with Environmental Law, , As used in this paragraph 20, "Hazardous Subst~ces~' are' those substances defIned as toxic or hazardous substances by Environmental Law and the following subs*ances: gasolihe, kerosene. otber-flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materhils containing asbestos or formaldehyde, aild radfoactive materials. As 'used in this paragraph 20, "Environmental Law" means fede:dllaws' and laws of the jurisdiction where: the Property ~s located that relate to health, safety or environmental protection. ' _, ,_' '_ \ NON-UNIFORM COVENANTS. Bortowb. 'and'Lender further covenant and agree as follows: 21. ~cceler~~on; Remedies. Lendet shall give notl~e to Bo~ower prior ~o accelerati~ folloWing Bonower's breach of any covenant or agreement in this Security Instrument (but 'hot prior to acceleration under paragraph 17 unless applicable law provides otherwise). Lertder sball notify Borrower of, among oth'er things: (a) the default; (b) the ac~ion required to cUre the default; (c) when the default must 'bin:ured;and-(drthat"failuretu"'cureihe"llefault1Js'lIpttifi'ed"lD'arresultm-acceleratlon of the 'sums secured by this Security Instrument, foreclosure- by judicial proceeding abdsale Of the ,Property. Lender shan further inform Borrower of the right to reinstate after acceleration and tbe right to assert in: the for~closure' proceeding 'thenon-:e'Xistence of a detault or anr other defense of Borrower to acceleration and foreclosure. lithe detaultis not cured as sp~cifie~, Lender atl~s Opti9D may require immediate payment in full of all sums secured by this Security Instrument Without further demand a'nd may fqrecl08~ thb Secu,rlty Ins'trument by judjdal pro'eeedlng. Lender shall be e~titled to collect all expeJises incurred in pursuing t~,~ r~medies provided in this-paragraph 21, including, but not Ii.mited to, attorneys' fees;ud costs of title evidence. to the extent permitte~~by applicable law. ~ 22. Release. Upon payment-of all sums sechJ;red'by this Security Iilstri1me~t,-this Security Instrument and the estate conveyed shall ~erminate and become void. AIter ~uch occurre~~~ Lender shall dischaI'ge and satisfy this Security Instrument without charge to Borrower. Borrower sPall pay any recordation:ccists. ' . ' 23. Wwveflii',Borrower, to the eXtent perniitted'by'api;ilicable law, w'aives ~nd releases any error or defects in proceedings to enforce this Security Instrument, and her~bY Walves,th~ benefit:of any p'~esent or'future laws, pr~viding for stay of execution, extension of time, exemption from attachment, levy and sale, anq. homestead exemption. , 24"Reinstjl~ement Period. Borrower's tinie' to reinstate prOVided in paragraph 18 shall extend to one hour prior to the commencement of bidding at Ii sheriffs ~ale at other sale purs~ai:Lt to'thi,s Security InstrUment. 25. Purchase Mane! Mortgage. If 'any ot the d~~t"secured by this Security Instrument is lent to Borrower to acquire title to tbe Property, tbis Securlty.InstruDletit shan be a purchaSe money mortgage: 26. Interest Rate After Juilgment. Borrower agrees that the 4lteres~ ;ate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable fJ"om time to time under the 'Note. 27. Riders tot"is Secwity ID5tr~lI!ent. Ii one or mare-ri.ders are executoo'hy ~orrower and recorded' together with thi~ Security Instrument, the'covenants and agreements of each such rider' shall be incorporated w.to and shall amend and supplement the cqvenants l;Uld agreeme~!s of ~~ Security:~ns~~nt as jif the.ride~~,}"lfer7_a.:~a~::,pf:Jhis Secu9,ty Instrl!:m:ent. [Cl;1eck appHcable box~es)] D ,Adjustable Rate Rider:. ,0 Coridomiliium Ride~ D '1-4 Family Rider '0 Graduated Payment Rider D Balloon Rider CJ Plaime~ 'Unit Devel?pment Rider ',CJ Rate Improvement Rider o Biweekly.Payment Rider D . Second Home Rider o Olher(s) [specify] BY SIGNINO"BELOW;Borrower,a.ccepts and agrees tQ_the"terms and covenants contained in this Security-Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: .. ...7Vd:,~2L...,.....,..........,. .~.tV..~.................... (Seal) . ' DAVID W. BOBB -Borrower ". .,( ~,., ~'" ,,:'_ _ ',:'-- 'I ........V4...~~...,.......... ~JzmI/Ul7,/lv,;).. ..f...............:.............. (Seal) .TAMMY :~,~o~.~.t':"_' -Borrower . -f$ph~:~~I~" thi~' Li~"~o~':;1~i';~j~~I~~nt] .,,' "., COMMONWEALTH of PENNSYLVANIA. CY.mE:~{~ Nt' , On this, the 11th d~;or ~ese~gr ,19_4.7-.beforeme, theuDdc:rsigill:dg~ccr.pC:rBgnallyappeared n~u;;:j TAl "Rnhh R. 'J1::lmmY'l1T 'R;..)nl,ktlownto me (orsatisfactorily' w)lo~c name(~) ~ -r:o sub~~ to the within inBtrumtut and acknOowlcdg~ tbat " executed ~hc'Samc: fOor the purposes hcrcincontained. IN WITNESS WHEREOF, I hereunlo set my' hand and official seal. My ComUlission c:xpircs: . '1 TiticofOfficcr Wi:";::'!-' "R,; g ~.~:; n9J J'n7AT1 11 A . ~ /1.'~,.L/ I t:.> ...... TItleofOfflcer ~ct7;"d-'" -::', '~r-tja5t;~ /'4 , , NAunri 1"~'~" 'P:A, , ..-rV--t-~ 1 hucby ~nify that the precise address of the within Mortgagee (Lender) ill 17241 .' Form 3039 (9/90) (page 4 of 4 pages) '.'_/'" ll:nn17i~____ .....-- -.~, ALL that certain tlOact of land, ,toQ"eth~:f with the improvements erected thereon, situate_ in West pennsboro Township, Cumberland County, ,Pennsy~yania, more particularly bounded and described as Lot No. 3 as shown in accordance with 'a Subd~vision Plan Prep,!..red by Stephen G. Fisher,' ,R,S., dated May 27, 198'1 'and recorded in Cumberland County Plan Book 53~ Page 72~ as follows: BEGINNI~G at a point in the center line of Oak 'Flat Road {T-353) 'at the corner of Lot No.4' on 'the 'aforementioned Subdivision 'plan; thence by" said Lot No.4, North 6 degrees 1.9 minutes 45 ',aeconds West 245.00 ,feet to a point at lands now or formerly 9f Charles J. Heckendorn, et a1.; thence by said lan~s now or formerly of Charles J. Heckendorn, et aI, North 83 degree_s 40 minutes. 15 seconds East 150.00 feet- ~o a point at Lot No~ 2 on the afore- mentioned Subdiv~sion Plan; the~ce by said Lot No.2, South 6 degrees 19 minutes 45 seconds I East 245.00 feet to a point in the center line of said Oa~ Flat Road; thence by said center line,' South 83 'degrees 40 minutes 15 seconds West 150.00 feet to a point, the place of BEGINNING. BEING THE SAME REAL, ESTATE walCH JEFFREY L. KELLY, by deed dated December 22, 1995 and recorded in the Office of the Recorder 'of Deeds in and for Cumberland County in Deed Book 133, Page 276" granted and conveyed to DAVID W. BOBB and TAMMY J. BOBB, his ~ife. State of pennsvlvani;i 1 86 C <1'.1 'oi Cumbedand 0 d oun.y,. ff. f r the re,cording of ea s Recorded In the 0 Ice 0 'em. in and for CumberlandCQunty. P-t. 7 7 in'io9=- 80ollB.2, Vol. _ Page_ . witness my ha.nd ~~~z~ta~~~eJ?f"'''''' lrL2 Carlisle, PA thiS . f~o'P Ji Exhibit IIA" BQQK 1423 PAGf. liB! NOTE December 1 It 199']. ....~.~~J.~*.~...................., PA 17241 ..................................(..................:........ .......... IClty] .................ist;;t~r............... ..................:.................~},l..~~K.r.J..~t:...I&9:.~I.r...W~.~1;...~~!ll:l;::!R9.F.Q.;.r.m?....~.............................,,;...............,..................... {Property Acldreu) 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I ptom~ to pay U.S. $..~.9.J..9JHb.9.Q.................... (this amount is called "principal"), plus interest, to the order of the Lender. The Lender is ..:....:t'he..;e:~u;m~;t;.e...Nj;l.1:;iQmj.l..~iiI.:n~...Q;f;"............ ' ......New;v.ille....................~........................................................................................;........._........................... I understand that the Lender may tramfer. this 'Note. The Lender or anyone who tak~ this Note by transfer and who is entitled to receive payments under this Note is called th~ "Note Holdet;.~' 2. INTEREST , , Interest will be charged on unpaid principal until the full amount of principal has been paid. I will pay interest at a yearly tate of ...............~.:;Q......%. ' The interest rate required by this Section 12 is the rate I will pay both before ~nd after any default described in Section 6(B) ofthig, Note. " 3. PAYMENTS (A) Time and Place of Payments I I will pay principal and interest by making payments every month. I will make my monthly payments on the ...J..l.t.h.... day of each month beginning on ..JaIlua.J::y......l.1.................,... 19..~.~.... I will make these paymentS every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. My monthly payments will be applied io interest before principal. If. on ....Q~J:;.~.~r;...U.l...;),.QJ.iL... ............... I still owe atp.ount;l3 under this Note. I will pay those amounts in full on that date. which is called the "maturity date." I will make my monthly pa;yments at ...1...W.....~illl..S~b.i.ug..1\'S[~.........f.^Q,...~.Q~...1:?9,............................,............ ...New;\{ille.,,,.EA...1.7.24.1...:............................... or at a different place: if required by the Note Holder. (B) Amount of Monthly Payments I My monthly payment wiIl be in the amount ofU,S. $'...~.9.Z;~.H.-..;....."............."..... 4. BORROWER'S RIGHT Tel PREPAY' I have the right to make payments of principal at ImY time bef':lre they are due. A payment of principal only is known as a "prepayment." When I make a prepayment. I will tell the Note Halder in writing that I am doing so. I may 'make a full prepayment or p~al prepayments without paying any' prepayment charge, The Note Holder will use aU of my prepayments to. reduce the 'amount of principal tha~ I olvle' 'under this Note. If I make a partial prepayment. there will be no changes in the due date or in the amountofJDY monthly payment unless the Note Holder agrees in writing to those change~. . . 5. LOAN ClL\RGES If a law. vihi9,h applies to this Joan and which sets maximum loan charges. is finally interpreted so that the interest or other loan charges coiJected or to be collected in connection wi~ this ,loan exceed the permitted limits, then:. (i) any such loan charge shall be reduced by the amount necessary,to reduce the charge to the permitted limit; and (ll) any sums already collected from me: whiCh exceeded permitted limits will be refunded to me. ne Nate Holder may choose to make this refund by reducing the principal I ~e under this Note or by making a direct payment to me. If a refund reduces principal. the reduction will be.tr~ted as a partial prepayment. 6. BORROWER'S FAILURE'TO PAY AS REQUUlED (A) Late Charge for Overdue PaymeIits If the Note Holder has Dot received the fuli amount many monthly payment by the end of ...:\.~.,.,.............. calendar days after the date it is due, I will p~y a late charge'to the Note Holder. The amount of the charge will be' .........::i..,. % of my overdue payment of principal and interest. I will pay this late charge prOtrl.ptly but only Qnce on eacb late payment. (8) Default ' , ' If I do Dot pay the fulI,amount of each monthly payment on the date it is due. I will be in default. (C) Notice of Default " , If! am in default. the Note Holder may send me a written notice te1liUg me that if I do' not pay the overdue amount by a certain date, the Note Holder may requite me to pay immediately the full amount of principal which has not been paid and all the intez:"est that I owe on that amount. That date must be at least 30 days after the date on which the notice is delivered or mailed to me. . (D) No Waiver By Note Holder I Even if. at a time when I am in default. th~ Note Holder does not require me to pay immediately in full as described above. the Note Holder will still have the righ~ to do so ifl am in default "at a later time, (E) Payment of Note Holder's Coats ftIld Expenses If the Note Holder has required me to pay .immediately in fult '8liI described ,above. the Note 'Holder will have the right to be p81d back by me fdr all ofits cos.~ and expenses in enforcing this N6te to the extent not prohibited by applicable law; Those expenseS include, for.example.reas,onable attomeys' fees. 7. GIVING OF NOTICES , Unless applicable la~ req~es a differ~t method. any nqtice thatmust'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 ifl give the Note Holder a notice of my different address, ' Any notice that must be given to the Note Holder under this Note will be given by mailing it by 6.ratc1ass mail to the Note Holder at the address stated "in Section 3(A) above or at a ditferent ,address if I am 'given a notice of that different address. I .. MULTISTATE FIXED RATE NOTE-s'o,'. F.mlly-FIIMA/FHLMC UNIFORM INSTRUMENT r. ..BXHIBIT H" Form 3200 12/83 8. OBUGATIONS OF PERSONS UNDEJt THIS NOTE Ifmoee than one person signs thiS Note,leach person is fu1J.y am~ personally obligated to keep aU of the promises made in this Note, including the p~omige to pay the full amount oweO. Any person who is a guarantor, surety or endorser oftms Note is also obligated to'do these things. Any person who takeS ov~ these obligations, including the obligations of a guarantor, surety or endorser of~ Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against, each person individually or against all of us together. This means that any one crus may be required to pay aU_ of the amounts owed under this Note. 9. WAIVERS I and any other person whO has obligations. under this Note waive thCl rights ,ofprcsentment and Dotice of dishonor. "Presentment" means the right to. re9uire the Note Holdel; to d~ payment of amounts due. "Notice of dishonor" means the right to require the Note'Holder to give notice to otherpersonlf that amounts due bave not been paid. 10. UNIFORM SECURED NOTE' This Note is a uniformJnstriunent with'limited variations in somejuiisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or security ~~ (the "Security Instrument"), dated the same date as this Note, protects'tbe Note Ho~ef ~rom possible losSes which npght result ifl 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 immediate payment in full of all amounts I,o,,",e under this ,Note. Some ofth'?8e,condi~ons are described as follows: Transfer of the Property or a Beneficial Interest1n Borrower. If all or any part of the Property or any _interest in it "is sold or transferred (or if a beneficial interest in BoiTOwer is Sold or transferred and Borrower is not ,a natUral ~n) without Lender's pri~r written Consent, Lender may, at'its option, require immediate paym~t in ~ of all sums secUred by this Security Instrument. ,However, this option shall not be exercised by Lender if eJ(ercisc is prohibited by federal Jaw as of the date of this Security mstroment. If L~n.der exercises this option, ~der,shall give Borrower-notice of acceleration. The notice shall provide a' period of not less tha~ 30 days from the date. the notice is delivered or ,mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay th~c sums prior to the' 'expiration of this period, Lender maYl itJ,voke any remedies permitted 'by this Security Instrument without further notice or demand aD Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. ...~.... ..~..U!.....8~......................................(S'.I) ..... .~.~~~ ;W~~ t>>bb....................................................:~:;; Tammy '.;.:"I~~T . -Borrower ............................................................,...................................,..............(Seal) , .Borrower [Sign OriginsJ Only] r-- Date: February I, 2005 ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information abont the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance Agency t01l free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information, If you have any questions, representatives at the Consumer Credit Counseling agency may be able to help explain it. You may also want to contact an attorney in your area, 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 IMMEDIATAMENTE LLAMANDA 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 SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU lllPOTECA. HOMEOWNER'S NAME(S): David W. Bobb PROPI'ERY ADDRESS: 333 Oaktlat Road, Newville, P A 17241 LOAN ACCOUNT NO.: 7456301 ORIGINAL LENDER: Farmers National Bank of Newville CURRENT LENDER/SERVICER: Adams County National Bank HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WIDCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WIm 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. EXHIBITCI I . TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your inortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TIllS MEETING MUST OCCUR WITIllN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counselin~ a~encies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for [mancial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must flll 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 TIllS LEITER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF TIDS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have med bankruptcy you can still apply for Emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Brin/: it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at: 333 Oakflat Road, Newville, Pennsboro Township, Cumberland County, PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments of $507.14 due for November, December 2004 and January 2005, plus past due charges of $278.96 Other cbarges (explain/itemize): TOTAL AMOUNT PAST DUE: $1,800.38 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION(Do not use if not applicable): HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PA~G THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHlCH'IS $ 1,800.38. PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to: ADAMS COUNTY NATIONAL BANK P.O. Box 3129 Gettysburg, P A 17325 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter: (Do not use if not applicable.) IF YOU DO NOT CURE THE DEFAULT - !fyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. !f the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure tbe default within the THRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THRITY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you bad never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 3 months from the date of this Notice. A notice of the actual date of the 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 fmd out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Adams County National Bank PO Box 3129 Gettysburg, PA 17325 (717) 338-2255 (717) 338-3120 Susan M. Saylor Pbone Number: Fax Number: Contact Person: EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs 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 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. IUU lVlAI ALliU tlAVl> TJiI!: RI(;HT: . TO SELL THE PROPERTY TO OBTAIN MONEY TO' PAYOFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. . TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU 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 PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES ADAMS COUNTY American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Conswner Credit Counseling Service of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 (717) 541-4670 Financial Counseling Services of Franklin 31 West 3" Street Waynesboro, P A 17268 (717) 762-3285 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 717) 334-1518 FAX (717) 334-8326 YORK COUNTY American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Conswner Credit Counseling Service of Western PA 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 (717) 541-4670 Housing Council of York 116 North George Street York, PA 17401 (717) 854-1541 FAX (717) 845-7934 Conswner Credit Counseling Service of Western P A 970 South George Street York, PA 17403 (717) 846-4176 CUMBERLAND COUNTY Conswner Credit Counseling Service of Western P A Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3'" Street Harrisburg, PA 17102 Waynesboro, PA 17268 (717) 541-1757 (717) 762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 243-3948 'Copies also mailed first class mail Urban League of Metropolitan Harrisburg 25 North Front Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 232-4985 Date: February I, 2005 ACT 91/6 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pall;es. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the proll;ram works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counselinll; AIl;ency. The name, address and phone number of Consumer Credit Counselinll; AIl;encies servinll; your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance AIl;ency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal infonnation. If you have any questions, representatives at the Consumer Credit Counseling agency may be able to belp explain it. You may also want to contact au attorney in your area. The local bar association may be able to help you find a lawyer LA NOTlE1CACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTlNUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTlE1CACION OBTENGA UNA TRADUCCION IMMEDIATAMENTE LLAMANDA 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 SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU IllPOTECA, HOMEOWNER'S NAME{S): Tammy J. Bobb PROPTERY ADDRESS: 333 Oakt1at Road, Newville, PA 17241 LOAN ACCOUNT NO.: 7456301 ORIGINAL LENDER: Farmers National Bank of Newville CURRENT LENDERISERVICER: Adams County National Bank HOMEOWNERS' EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WIllCH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITII THE PROVISIONS OF TIlE 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 ELIGffiILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under.the Act" you are entitled to a temporary stay of foreclo~ure on your ~ortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. TIllS MEETING MUST OCCUR WITffiN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for (mancial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and me a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be 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 TIllS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED, AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FU,ING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF 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.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at 333 Oakflat Road, Newville, Pennsbora Township, Cumberland County, PA IS SERIOUSLY IN DEFAULT because: A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Monthly payments of $507.14 due for November, December 2004 and January 2005, plus past due char)(es of $278.96 Other charges (explain/itemize): TOTAL AMOUNT PAST DUE: $1,800.38 B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION(Do not use if no! applicable): HOW TO CURE TIlE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO TIlE LENDER, WHICH IS $ 1,800.38. PLUS ANY MORTGAGE PAYMENTS' AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check, certified check or money order made payable and sent to; ADAMS COUNTY NATIONAL BANK P.O. Box 3129 GettysburR, PA 17325 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter; (Do not use if not applicable.) IF YOU DO NOT CURE TIlE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ri~bts to accelerate the mortga~e debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortga~ed property. IF TIlE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE TIlE DEFAULT PRIOR TO SHERIFF'S SALE -If you have not cured the default within the THRITY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by payinR the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSffiLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately 3 montbs from the date ofthis Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT TIlE LENDER: Name of Lender: Address: Adams County National Bank PO Box 3129 Gettysburg, P A 17325 (717) 338-2255 (717) 338-3120 Susan M. Saylor Phone Number: Fax Number: Contact Person: EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may not sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. ruu MAY ALSO HAVE TIlE RIGID: ~ 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 THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF . TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) . TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. . TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. . TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCmS SERVING YOUR COUNTY PENNSYL VANIA HOUSING FlNANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES ADAMS COUNTY American Red Crass - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 Consumer Credit Counseling Service of Western P A 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 (717) 541-4670 Financial Counseling Services of Franklin 31 West 3'" Street Waynesboro, PA 17268 (717) 762-3285 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 717) 334-1518 FAX (717) 334-8326 American Red Cross - Hanover Chapter 529 Carlisle Street Hanover, PA 17331 (717) 637-3768 FAX (717) 637-3294 YORK COUNTY Consumer Credit Counseling Service of Western P A 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 (717) 541-4670 Housing Council of York 116 North George Street York, PA 17401 (717) 854-1541 FAX (717) 845-7934 Consumer Credit Counseling Service of Western P A 970 South George Street York, PA 17403 (717) 846-4176 CUMBERLAND COUNTY Consumer Credit Counseling Service of Western P A Financial Counseling Services of Franklin 2000 Linglestown Road 31 West 3'" Street Harrisburg, PA 17102 Waynesbora, PA 17268 (717) 541-1757 (717) 762-3285 YWCA of Carlisle 30 I G Street Carlisle, PA 17013 (717) 243-3818 FAX (717) 243-3948 'Copies also mailed first class mail Urban League of Metropolitan Harrisburg 25 North Frant Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 232-4985 ~ ~' z~ r--- ~ ~ ~ 09 U~ ~~ ~ ~Il \ ~ K) -~ J ~ 'v "t. ,:; - F MAILED ~ - ,- - 048 -' - , .... - - a: - w '" - I- C - , C ",-, w - '" '" - ~\~~ w ....a: - wC - U)ZWO U)~c:cca:0 - -lr1l'~{ WO~U)CC - ~ CCz cC lr O::.::~w~ - en ~t-~~:5 ::r '" l-~:ECu... :') ffi 0;::' ffiO - lr '-" I - en r'l _wZ>1- ~l-:%:::iw - '" ..Jl J. u..CL.(,)wa:: ca. =:1 ~:E:)Ooa: r'l ~ " 'J ( WU)l-Z ~t::00::) - ..Jl Q -CZZ '" r'l .,. DODD - ::r 0 < N 0 0 t- o <:!I <>: <(0'" .-'l <:!If-'< 0 \11 0 0 0<'" t,O, 0 0 0 <:!I....l~ in ::r ~!:'2....l (n m :>< ....l 0 ~-<> '. '. 0 ::E 0 '. \,Ol ~ c- ,. m c- <",fiJ ':0.1 0 E--~Z 1"':1 c- r- i~oo lr ." D r- ! e.1 ;:; .c "' C' v v ('. <s- ~ ~ U,S. Postal Service CERTIFIED MAIL RECEIPT {Domestic Mail Only; No Insurance Coverage ProvI I 333 OAK FLAT ROAD NEWVIU.E PA ]72/ Postage $ .37 Certified Fee 2.30 Postrnark Return Receipt Fee I. 75 ce.. .....'~. (E:1dorsement Required) ..... Restricted Delivery Fee (Endorsement Required) Total Postage & Fees $ 4.42 S Saylor Name (Please Print Clearly) (to be completed by mailer) TAMMY J BOBB 'Street: -p,p( -~io,~ -or -PO' SOx-No -- 333 OAKF~AT ROAD -cit;;,-staie,-Zlp~'i---------- ---~ ------- - NEWVI~LE PA ]72 ~ ~ P"-~----=-" ~ nJ ..J] dJ .-'l ..J] dJ ~ .-'l CI CI CI CI CI ~ rn IT" IT" CI f'- ~ ~' Z ~ ~ :;: 0: ~ ~D 00_ E "' U~ e' ~~ 0 ~ ~~ ~~ ~~ FI MAILED' 043 ~~ '" , '" \n ~ J~ 'm':~'~'~ ~~~~~ . <"b Q=a:~~ 1CI-W....lQ: CCcCQCl:IC \1t 'II! >-:z:E<"- W 'it Z ::Ja:o -w ~~z~1- ~ 4;;1 1'.)1- -w .. :r -~:I:....J...J ~ ' . tt~YWIZll ..-.: -::Jce ~ ~:E. ~~U)I-Z -r _ ....J {, :!:~~~=;' o ~ 0000 <f 0... <( '-' u:> ~~O 0 CXl::Ju.. ~~:J 0<;; ;;O~ < ~ ~ll 0", ;Z-, j , " "F - -.:> ~ - -:: - '" -' - - - - - - - - - - - - - - ~ - nJ ..J] dJ - .-'l ..J] dJ ~ m ('0 .-'l m CI (rl CI ..... CI 1,':1 CI ('.! CI f') ~ r.. rn .,HI IT" IT" CI f'- U.S. Postal Service CERTIFIED MAIL RECEIPT (Domestic Mall Only; No Jnsurance Coverage Provided) r 333 OAKF1..AT ROAD NEWVIUE PA 17241 ! Postage $ .37 Certified Fee 2.30 ~~. .Postmark Return Receipt Fee . H,i're (Endorsement Required) 1. 75 Restricted Delivery Fee (Ern:lorsemell\ Required) Total Postage & Fees $ 4.42 S Saylor Name (Please Print Clearly) (to be completed by mailer) DA'lJD_W.JI.Q!'>lLn -Street, Apt: No.; or PO Box No. n3:U_QAKf'T"AT_ ROAD_ Cit}~ State, ZIP,4 ---, _ ! i .EXHIBIT D ~~ ~ ... SHERIFF'S RETURN - REGULAR CASE NO: 2005-02517 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ADAMS COUNTY NATIONAL BANK VS BOBB DAVID W ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOBB DAVID W the DEFENDANT , at 1946:00 HOURS, on the 2nd day of June , 2005 at 333 OAK FLAT ROAD NEWVILLE, PA 17241 by handing to TAMMY BOBB, WIFE 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 8.14 .37 10.00 .00 36.51 ~ R. 06/03/2005 ADAMS COUNTY Sworn and Subscribed to before By: r', {o. me this J day of Deputy Sheriff q:~,:. -Lo-oS A.D. q~ Q lM,OO,.. ~ Prothonotary f .' .. SHERIFF'S RETURN - REGULAR CASE NO: 2005-02517 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND ADAMS COUNTY NATIONAL BANK VS BOBB DAVID W ET AL BRIAN BARRICK , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon BOBB TAMMY J the DEFENDANT , at 1946:00 HOURS, on the 2nd day of June , 2005 at 333 OAK FLAT ROAD NEWVILLE, PA 17241 by handing to TAMMY BOBB 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 r~~ R. Thomas Kline Sworn and Subscribed to before By: NATIONAL BANK ~f/t( Deputy Sheriff 06/03/2005 ADAMS COUNTY "e me this 6 day of C~" ~IX).! A.D. q~ ~ Q In, ;(1,,, ~ ~ rothonotary , II IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Adams County National Bank, Plaintiff No. 2005-02517 Civil Term vs. David W. Bobb and Tammy J. Bobb, Defendants Action of Mortgage Foreclosure PRAECIPE TO THE PROTHONOTARY: Please mark the above-captioned Action in Mortgage Foreclosure as discontinued. Dated: September 20, 2005 PUHL, EASTMAN & THRASHER BYJ1D.J L JW Richard E. Thrasher, Esquire Attorney ID Number 22904 Attorney for Plaintiff 220 Baltimore Street Gettysburg, P A 17325 (717) 334-2159 i I I I I: I , ~ ,..., Q. = = cf' </J ..... rl'\'\ .. r'"1 ::r:..,., -, -0 en?:' .'- -0\11 / N -pO (fi ,'"0, L _/ ~~t) i."~ -0 'J::'::;-; ":~\~~ :% (~C) r;Y (Sf11 Z S~~ :2 J;:- ~ -