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HomeMy WebLinkAbout05-5306 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION NO.: [200)"- 5JX, (!..t'y;{ Plaintiff, vs. TYPE OF PLEADING KEVIN P. KENDIG and NANCY E. KENDIG, CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE Defendants. FILED ON BEHALF OF: Farmers and Merchants Trust Company of Chambersburg Plainti ff, TO: DEFE:'<o'DANT(s) YOU ARE HEREBY NOTIfiED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DA YS FROM SERV CE EREOF OR A DEFAULT JUDGMENT COUNSEL OF RECORD FOR THIS PARTY: Scott A. Dietterick, Esquire Pa. J.D. #55650 ] HEREBY CERTIFY THA TTHE ADDRESS OF THE PLAINT1FF 1$: 17257 JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, P A 17033 P,O, Box 60]0, 20 S. Main Street Chambersburg, P A 1720] (717) 533-3280 CERTIFICATE OF LOCATION I HEREBY ERTIFY THAT THE LOCATION OF THE REAL E D BY THIS LIEN IS 74 Kline A 17257 A lTORNE FO F IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERS BURG, CIVIL DIVISION Plaintiff, /J'.. ---- NO.: 0':/- ,50 'ifJ ~ I ~ vs. KEVIN P. KENDIG and NANCY E. KENDIG, Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim 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 LA WYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMP ANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: vs. KEVIN P. KENDIG and NANCY E. KENDIG, Defendants. A VISO USTED HA smo DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente 0 por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se Ie advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda 0 cualquier otra reclamacion 0 remedio solicitado por e1 demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero 0 propieded u otros derechos importantes para usted. USTED DEBE LLEV AR ESTE DOCUMENTO A SU ABAGADO IMMEDlA T AMENTE. SI USTED NO TIENE UN ABOGADO 0 NO PUEDE P AGARLE A UNO, LLAME A V A Y A A LA SIGUEINTE OFICINA PARA A VERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 05- 530{, ~ ~~ vs. KEVIN P. KENDIG and NANCY E. KENDIG, Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Farmers and Merchants Trust Company of Chambersburg, by its attorneys, James, Smith, Dietterick & Connelly LLP, files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is Farmers & Merchants Trust Company of Chambers burg (F & M Trust), which has its principal place of business at 20 South Main Street, Chambersburg, Pennsylvania 17201. 2. The Defendants, Kevin P. Kendig and Nancy E. Kindig, are adult individuals whose last known address is 74 Kline Road, Shippensburg, Pennsylvania 17257. 3. On or about December 3,1996, Defendants executed a Note in favor of Plaintiff in the original principal amount of $125,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about December 3, 1996, as security for payment of the aforesaid Note, Defendants made, executed and delivered to Plaintiff a Mortgage in the original principal amount of $125,000.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on December 3, 1996, in Mortgage Sook Volume 1354, Page 684. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "S", attached hereto and made a part hereof. 5. Defendants are the record and real owners of the aforesaid mortgaged premises. 6. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 7. On or about May 31,2005, Defendants were mailed combined Notices of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notices ofIntention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974,41 P.S. S101, et seq. A true and correct copy of said Notice is marked Exhibit "S", attached hereto and made a part hereof. 8. The amount due and owing Plaintiff by Defendants is as follows: Principal Interest through 1 017/05 Late Charges Attorney's Fees Court, Sheriff and Title Costs $73,933.70 $ 4,250.33 $ 1,222.80 $ 1 ,250.00 $ 2.500.00 TOTAL $83,156.83 plus interest on the principal sum ($73,933.70) from October 7, 2005, at the rate of $17.45 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale ofthe mortgaged premises. 9. Pursuant to the Fair Debt Collection Practices Act, 15 D.S.C. S 1692 et seq. (1977), Defendant(s) may dispute the validity of the debt or any portion thereof. IfDefendant(s) do so in writing within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will obtain and provide Defendant(s) with written verification thereof; otherwise, the debt will be assumed to be valid. Likewise, if requested within thirty (30) days of receipt of this pleading, Counsel for Plaintiff will send Defendant(s) the name and address ofthe original creditor if different from above. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $83, 156.83, with interest thereon at the rate of $17.45 per diem from October 7, 2005 plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. K & CONNELLY LLP BY: Scott A. Dietteric , Esquire Attorneys for Plaintiff PALO. # 55650 P.O. Box 650 Hershey, P A 17033 (717) 533-3280 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMA nON OBTAINED WILL BE USED FOR THAT PURPOSE. PROMISSORY NOTE: Relerences in the shade<:l area are for Lender's use only and do not limit the a plicability of this document to an Borrower: Kevin P. Kendig (SSN: 211-54-8834) Nancy E. Kendig (SSN: 203-56-6904) 74 Kline Road Shlppensburg, PA 17257 Lender: FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG MEMORIAL SQUARE OFFICE POST OFFICE BOX T 20 SOUTH MAIN STREET CHAMBERSBURG, PA 17201-0819 Principal Amount: $125,000.00 Initial Rate: 10.000% Date of Note: December 3,1996 PROMISE TO PAY. Kevin P. Kendig and Nancy E. Kendig ("Borrower") promise 10 pay 10 FARMERS AND MERCHANTS TRUST CDMPANY OF CHAMBERSBURG ("Lender"), or order, In lawlul money ollhe Unlled Stales of America, the principal amounl 01 One Hundred Twenty Five Thousand & 00/100 Dollars ($125,000.00), logelher wllh Inlerest on the unpald principal balance from December 3, 1996, unlll paid In full. PAYMENT. SubJecllo any payment changes resulllng Irom changes In Ihe Index, Borrower will pay Ihls loan In 119 regular paymenls 01 $1,358.70 each and one Irregul8r last paymenl estimated al $65,091.91. Borrower's IIrsl paymenlls due January 15, 1997, and all subsequenl payments are due on Ihe same day 01 each monlh aIIer thaI. Borrower's IInal paymenl due December 15, 2006, will be lor all principal and all accruedlnleresl nol yel paid. Payments Include principal and Inleresl. Interest on this Note is computed on a 365/360 simple interest basis; that Is, by applying the retio of the annual Interest rate over a year of 360 days, multiplied by the outstanding principal balance, multiplied by the actual number of days the principal balance Is outstanding. Borrower will pay Lender at Lende(s eddress shown above or at such other place as Lender may deslgnale in writing. Unless otherwise agreed or required by applicable law, payments will be applied first to accrued unpaid interest, then to principal, and any remaining amount to any unpaid collection costs and late charges. VARIABLE INTEREST RATE. The Interest rete on this Note Is SUbject to change from time to time based on changes In an independent index which Is the New York Prime Rate as published In the Wall street Journal. When a range of rates has been published, the higher of the rates will be used (the .Index"). The Index is not necessarily the lowest rate charged by Lender on its loans. If the Index becomes unavailable dunng the term of this loan, Lender may designate a substitute Index after notice to Borrower. Lender will tell Borrower the current Index rate upon Borrower's request. Borrower understands that Lender may make loans based on other rates as well. The Interest rate change wm not occur more often than each time there has been a change in the Index. The Index currenlly Is 8.250% per annum. The Inleresl rate 10 be ""plied 10 Ine unpaid principal balance ollhls Nole will be al a rate of 1.750 percentage polnls over Ihe Index, resulllng In an Inlllal rale 01 10.000% per annum. NOTICE: Under no circumstances will the lnterest rate on this Note be more than the maximum rate allowed by applicable law. Whenever increases occur in the interest rate, Lender, at its option, may do one or more of the following: (a) Increase Borrower's payments to ensure Borrower's loan will payoff by its original final maturity date, (b) increase BOITower's payments to cover accruing Interest, (c) increase the number 01 Borrower's payments, and (d) continue Borrower's payments at the same amount and increase Borrower's final payment. PREPAYMENT. Borrower agrees that all loan lees and other prepaid finance charges are earned fully as of the date of the loan and will not be subject to refund upon early payment (whether voluntary or as a result of default), except as otherwise required by law. Except for the foregoing, Borrower may pay without penalty all or a portion of the amount owed eariier than It is due. Eerly payments will not, unless agreed 10 by Lender in wnling, relieve Borrower of Borrowe(s obligation to continue to make payments under the payment schedule. Rather, they will reduce the principal balance due and may result in Borrower making fewer payments. LATE CHARGE. If a payment is 16 days or more lale, Borrower will be charged 6.000% ollhe unpaid portion ollhe regularly scheduled paymenl. DEFAULT. Borrower will be in default If any of the following happens: (a) Borrower fails to make any payment when due. (b) Borrower breaks any promise Borrower has made to Lender, or Borrower 1ails to comply with or to perform when due any other term, obligation, covenant, or condition contained in this Note or any agreement related to this Note, or in any other agreement or loan Borrower has with Lender, (c) Borrower defaults under any loan, extension of credit, security agreement, purchase or sales agreement, or any other agreement, in favor of any other creditor or person that may materially affect any of Borrowe(s properly or Borrowe(s ability to repay this Note or perform Borrowe(s obligations under this Note or any of the Related Documents. (d) Any representation or statement made or fUrnished to Lender by Borrower or on Borrower's behalf is false or misleading in any material respect either now or at the time made or furnished. (e) Borrower dies or becomes insolven1, a receiver is appointed for any part of Borrower's property, Borrower makes an assignment for the benefit of creditors, or any proceeding is commenced either by Borrower or against Borrower under any bankruptcy or insolvency laws. (I) Any creditor tries to take any of Borrowe(s properly on or in which Lender has a lien or security Interest. This includes a garnishment of any of Borrower's accounts with Lender. (g) Any of the events described in this default section occurs with respect to any guarentor of this Note. (h) A material adverse change occurs In Borrower's financial condition, or Lender believes the prospecl of payment or performance of the Indebtedness is impaired. (i) Lender In good faith deems itself insecure. LENDER'S RIGHTS. Upon default, Lender may, after giving such notices as required by applicable law, declare the enUre unpaid principal balance on this Note and all accrued unpaid interest Immediately due, and then Borrower will pay that amount. Upon default, Including failure to pay upon final maturity, Lender, at its option, may also, If permitted under applicable law, increase the variable interest rate on this Note to 3.750 percentage points over the Index. The interest rete will not exceed the maximum rate permitted by applicable law. Lender may hire or pay someone else to help collect this Note if Borrower does not pay, Barr-ower also will pay Lender that amount. This includes, subject to any limits under applicable law, Lender's attorneys' 1ees and Lender's legal expenses whether or not there Is a lawsuit, including attorneys' fees and legal expenses for bankruptcy proceedings (including efforls to modify or vacate any automatic stay or injuncUon), appeals, and any anticipated post-judgment collection services. If not prohibited by applicable law, Borrower also will pay any court costs, In addition 10 all other sums prollide<:l by law. If judgment is entered In connection with this Note, Interest will continue to accrue on this Note after judgment at the Interest rate applicable to this Note at the time judgment is entered, Tnls Note has been delivered 10 Lender and accepted by Lender In Ihe Commonweallh 01 Pennsylvania. IIlhere Is a lawsull, Borrower agrees upon Lender'S requesllo submlllo Ihe Jurisdiction ollhe courts 01 Franklin County, Ihe Commonweallh 01 Pennsylvania. This Note shall be governed by and conslrued In accordance wllh Ihe laws ollhe Commonweallh 01 Pennaylvanla. DISHONORED ITEM FEE. Borrower will pay a fee to Lender of $25.00 if Borrower makes a payment on Borrower's loan and the check or preauthorlzed charge with which Borrower pays is later dishonored. RIGHT OF SETOFF. Borrower grants to Lender a contractual possessory security Interest in, and hereby assigns, conveys, delivers, pledges, and transfers to Lender al/ Borrower's right, title and interest In and to, Borrower's accounts with Lender (whether checking, savings, or some other account), including without limitation all accounts held jointly with someone else and all accounts Borrower may open in the future, excluding however all IRA and Keogh accounts, and all trust accounts for which the grant of a security Interest would be prohibited by law. Borrower authorizes Lender. to the extent permitted by applicable law, to charge or setoff all sums owing on this Note egainsl any and all such accounts. 12-03-1996 Loan No . PROMISSORY NOTE (Continued) Page 2 COLLATERAL. This Note is secured by a Mortgage dated December 3, 1996, to Lender on real property located in Cumberland County, Commonwealth of Pennsylvania, all the terms and conditions of which ara hereby incorporated and made a part of this Note. GENERAL PROVISIONS. Lender may delay or forgo enforcing any of its rights or remedies under this Note without losing them. Borrower and any other person who signs, guarantees or endorses this Note, to the extent allowed by law, waive presentment, demand for payment, protest and notice of dishonor. Upon any chenge In the terms of this Note, and unless otherwise expressly stated in writing, no perty who signs this Note, whether as maker, guarantor, accommodation maker or endorser, shall be released from liability, All such parties agree that Lender may renew or extend (repeatedly and for any length of time) this loan, or release any party or guarantor or collateral; or impair, fail to realize upon or perfect Lender's security interest in the collateral; and take any other action deemed necessary by Lander without the consent of or notice to anyone. All such parties also agree that Lender may modify this loan without the consent of or notice to anyone other than the party with whom the modification is made. The obligations under this Note are joint and. several. If any portion of this Note is for any reason determined to be unenforceable, it will not affect the enforceability of any other provisions of this Note. CONFESSION OF JUDGMENT. Borrower hereby irrevocably authorizes and empowers any allornay or the Prothonotary or Cierk of any Court In the Commonwealth of Pennsylvania, or elsewhere, to appear at any lime for Borrower, and with or without complaint filed, as of any term, confess or enter judgment against Borrower for the entire principal balance of this Note and all accrued inter~t, together with costs of suit, and an attorney's commission of ten percent (10%) of the unpaid principal balance and accrued interest for collection, but In any event not less than Five Hundred Doliars ($600); and for so doing, this Note or a copy of this Note verified by affidavit shall be sufficient warrant. The authority granted in this Note to confess judgment against Borrower shall not be exhausted by any exercise of that authority, but shall continue from time to time and at all times until payment in full of all amounts due under this Note. PRIOR TO SIGNING THIS NOTE, EACH BORROWER READ AND UNDERSTOOD ALL THE PROVISIONS OF THIS NOTE, INCLUDING THE VARIABLE INTEREST RATE PROVISIONS AND THE NOTICE TO COSIGNER SET FORTH BELOW. EACH BORROWER AGREES TO THE TERMS OF THE NOTE AND ACKNOWLEDGES RECEIPT OF A COMPLETED COPY OF THE NOTE. ~~~: vln P. Kendig ;JDnifif&~ "'~€Z""~ X ,.,';" ,.iii;';',,;;;,' }"}" }Y} ""iJi;,;t;i "''!JJfj;,;', Nancy E. Kendig 'iin~~ lived In the presence 01: X Witness LENDER: FARMER UST COMPANY OF CHAMBERSBURG By: Ihor! cer NOTICE TO COSIGNER You are being asked to guarantee this debt. Think carelUlty before you do. lithe borrower doesn' pay the debt, you will have to. Be sure you can afford to pay II you have to, and that you want 10 accepllhls responsibility. You may have to pay up to Ihe lUll amount 01 the deblllthe borrower does not pay. You may also have to pay lale lees or collection costs, which Increase this amounl. The lender can collect this debtlrom you without IIrsttrylng to collecllrom the borrower. The lender can use the same collection methods against you thai can be used against the borrower, such as suing you, garnishing your wages, etc. II this debt Is ever In default, thai fact may become a pari 01 YOUR credit record. This notice la notlhe conlract thai makes you liable for the debt. Variable Rate, Balloon. LASER PRO, Reg. u.s. Pat. & T.M. Off., Ver. 3.22b (c) 1998 OFI ProServlces, Inc. All rights rllserved.jPA-D20 F3.22a KENDII3KP,LN C48.QVl] 'J 'f)o 7 RECORDATION REQUESlED BY: FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG POST OFFICE BOX T 20 SOUTH MAIN STREET CHAMBERSBLmG, PA 17201-0819 f.....v,t ,^/-pyj J--7 SO RCS[RT P, Z/[ClER R:CORDER OF DUDS r:::!,jSEriL/o,IID COUNTy-rA WHEN RECORDED MAIL TO: FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG POST OFFICE BOX T 20 SOUTH MAIN STREET CHAMBERSBURG. PA 17201-0819 '96 DEe 3 P1'l1213 SEND TAX NOTICES TO: Kevin p, Kendig and Nancy E. Kendig 74 Kline Road Shlppenllburg, PA 17257 1'!;')'J- ~'bOIDDJj,.IOLjd '* SPACE ABOVE THIS LINE IS FOR RECORDER'S USE ONLY MORTGAGE THIS MORTGAGE IS DATED DECEMBER 3, 1996, between Kevin P. Kendig and Nancy E, Kendig, whoae addresa la 74 Kline Road, Shlppenaburg, PA 1nS7 (referred to below aa "Grantor"): and FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, whoae addreaa la POST OFFICE BOX T, 20 SOUTH MAIN STREET, CHAMBERSBURG, PA 17201-0819 (referred to below aa .Lender"). GRANT OF MORTGAGE. For valuable conSIderation, Grantor granls, bargains. sen.. conveys, assign., Iransfers. releues, confirms and mortgages to Lender all of Grantor's right, tille, and Interest In and to the fonowing described real property, together with all existing or subsequently ereeted or affixed buildings, Improvements and flxtures; all streets, lanes, alleys, passages, and ways; all easements, rights of way, all liberties, privileges, tenements, hereditaments, and appurtenances lhereunto belOnging or anywise made appurtenant hereafter, and the reversions and remainders with respect thereto; all water, water rights, watercourses and ditch rights (IncludIng stock In utilRles with dItch or irrigatlon rights); and all other rights, royallles, and profits relating to the real property, Including without Ilmltatlon all mineraJs, oil, gas, geothermal and similar mailers, located In Cumberland County, Commonwealth of Pennsylvania (the "Real Properly"): SEE EXHIBrr A The Real Properly or Ita addreaa la commonly known aa 74 Kline Road, Shlppenaburg, PA 17257. Grantor presently assigns to Lender all of Grantor's right, IItte, and interest In and to atlleases of the Property and all Rents from the Property. In addltton, Grantor grants to Lender a Uniform Commercial Code security Interest in the Personal Property and Rents. DEFINITIONS. The following words shall have the lollowing meanings when used In this Mortgage. Terms not otherwise defined In this Mortgage shall have the meanings attributed to such terms In the Uniform Commercial Code. All references to dollar amounts shall mean amounts in lawful money of the United States at America. Grantor. The word ~Granto(" means Kevin P. Kendig and Nancy E. KendIg. The Grantor is the mortgagor under this Mortgage. Guarantor. The word "Guarantor" means and Inetudes without limitation each and all of the guarantors, surettes, and acoommodation parties In connectton with the Indebtedness. Improvements. The word ~Improvements~ means and Includes without limitation all existing and future Improvements, buildings, structures, mobile homes affixed on the Real Property, facilities, additions, replacements and other construction on the Real Property. Indebtedness. The word "Indebtedness" means all principal and Interest payable under the Note and any amounts expended or advanced by Lender to discharge obligations of Grantor or expenses Incurred by Lender to enforce obllgatlons of Grantor under this Mortgage, together with interest on such amounts as provided In this Mortgage. In addltton to the Note, the word "Indebtedness~ Includes all obligations, debts and liabilities, plus Interest thereon, of Granlor to Lender, or anyone or more of them, as well as all claims by Lender against Grantor, or anyone or more of them, whether now existing or hereafter arising, whether related or unrelated to the purpose of the Note, whether VOlUntary or otherwise, whether due or nol due, absolute or contingent, liquidated or unliquidated and whether Grantor may be Ilable Individually or Jointly with others. whether obligated as guarantor or otherwise, and whether recovery upon such Indebtedness may be or hereafter may becq:l!l~~~,i}?Y any statute of IImitattons, and whether such Indebtedness may be or hereafter may become otherwise unenforceable. (Initial Here 'ffl.%/::blA'#%P:4M ) Lender. The word "Lender" means FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, its successors and assigns. The Lender Is the mortgagee under this Mortgage. Mortgage. The word "Mortgage~ means this Mortgage between Grantor and Lender, and Includes without limitation all assignments and security Interest provisions relating to the Personal Property and Rents, Note. The word "Note~ means the promissory note or credit agreement dated December 3, 1996, In the original principal amount of $125,000.00 from Grantor to Lender, together with all renewals of, extensions of, modlftcatlons of, reftnanclngs of, consolidations of, and substitutions for the promissory note or agreement NOTICE TO GRANTOR: THE NOTE CONTAINS A VARIABLE INTEREST RATE. Personal Property. The words ~Personal Property" mean an equipment, fixtures, and other articles of personal property now or hereafter owned by Grantor, and now or hereafter attaohed or atllxed to Ihe Real Property; together with all accessions, parts, and additions to, all replacements of, and all substltullons for, any of such property; and together with all proceeds (Including without limitation all Insurance proceeds and refunds of premiums) from any sale or other disposition of the Property. Property, The word "Property" means collectively the Real Property and the Personal Property. Real Property. Tne words "Real Property" mean Ine property, Interests and rlgnts described above in tne "Grant of Mortgage" secllon. Relaled Documents. The words "Related Documents" mean and incrude without limitation all promissory notes, credit agreements, loan agreements, environmental agreements, guaranties, security agreements, mortgages, deeds of trust, and all other Instruments, agreements and documents, whether now or hereafter existing, executed In connection with the indebtedness. Rents. The word ''Aents~ means all present and future rents, revenues, Income, Issues, royall1es, proflls, and other beneftts derived from the Property. THIS MORTGAGE, INCLUOING THE ASSIGNMENT OF RENTS AND THE SECURITY INTEREST IN THE RENTS AND PERSONAl PROPERTY, IS GIVEN TO SECURE (1) PAYMENT OF THE INDEBTEDNESS AND (2) PERFORMANCE OF ALL OBLIGATIONS OF GRANTOR UNDER THIS MORTGAGE AND THE RELATED DOCUMENTS. THIS MORTGAGE IS GIVEN AND ACCEPTED ON THE FOLLOWING TERMS: PAYMENT AND PERFORMANCE. Except as otherwise provided In this Mortgage, Grantor shall pay to Lender all amounts secured by this Mortgage as they become due, and shall strJct1y perform all of Grantors obligations under this Mortgage. POSSESSION AND MAINTENANCE OF THE PROPERTY. Grantor agrees that Grantor's possession and use of the Property shali be governed by the following provisions: PoaeeSSlon and Use. Until In defaun, Grantor may remain in possession and control of and operate and manage the Property and collect the Rents from the Property. DUty to Malnlain. Grantor shall maintain the Properly In tenantable condition and promptfy perform all repairs, replacements, and maintenance necessary to preserve Its value. Hazardous Substances. The terms "hamrdous waste," "hamrdous substance,~ "dlsposal,~ "reIease,~ and 'hreatened release,~ as used In this Mortgage, shall have the same meanings as set forth In the Comprehensive Environmental Response, Compensallon, and Uablllty Act 011980, as amended, 42 U.S.C. SectIon 9601, el seq. ("CERCLAj, the Superfund Amendments and Reauthorization Act of 1986, Pub, L. No. 99-499 ("SARA"), the Hazardous Materials Transportation Act, 49 U.S.C, Section 1801, et seq., the Resource Conservation and Recovery Act, 42 U.S.C, Section 6901, et seq., or other applicable state or Federal laws, rules, or regulations adopted pursuant 10 any of the foregoing, The terms Rnnd .1.<;4 "0" '::~A 12-03-1996 Loan No MORTGAGE (ConUnued) Page 2 "hazardous waste~ and fthazardous substance" shall also include, without IlmUallon, petroleum and petroleum by-products or any traction ther90f and asbestos. Grantor represents and warrants to Lender thai: (8) DUring the period of Granlor's ownership of the Properly, there has been no use, generation. manufacture, storage, treatment, disposal, release or threatened release of any hmrdous waste or substance by any person on. under, about or from the Property; (b) Grantor has no knowledge of, or reason to believe that there rurs been. except as p.l'BVlouslY disclosed \0 and acknowledged by Lender In writing, (I) any use, generation, manufacture, storage, treatment, disposal, release, or threatened release of any hazardous waste or substance on, under, about or from the Property by any prior owners or occupants of the Property Of no any actual or threatened lf1lgatlon or claIms of any kind by any person relating to such matters; and (cl Except as prelltously disclosed to aOO acknowledged by Lender tn writing, (I) neither Grantor nor any tenant, contractor, agent or other authorized user of the Property shall use, generate, manufacture, store, 1re8.1, dfspose of, or release any hazardous waste or substance on, under, about or from the Property and (II) any such activity shall be conducted In compliance with alt applicable federal, state, and local laws, regulations and ordinances, IncttJdlng witt\Qut IlmitatlOl'l tt\ot,e laws, regulalions, and ordinances described above. Grantor authorizes Lender and lis agents to enter upon the Property to make such Inspections and tests, at Grantor's expense, as Lender may deem appropriate to determine compliance of the Property wIth this sectton of the Mortgage. Any Inspections or tests made by Lender shall be for Lender's purposes only and shatl not be construed to create any f9Sp0M.lb\\\ly or lIability on the part of Lender to Gfantor or to any other person. The representations and warl'8.ntles contalood herein are based on Grantor's due diligence In Investigating the Property for hazardous waste and hazardous substances. Grantor hereby (a) releases and waives any future claims against Lender for Indemnity or contribution In the event Grantor becomes liable for cleanup or other costs under any such laws, and (b) agrees to Indemnify and hold harmless Lender against any and all claims, losses, l18billlles, damages, penailles, snd expanses which Lender may directly or Indirectly sustain or suffer resulting from a breach of this section of the Mortgage or as a consequence of any use, generation, manufacture, storage, disposal, release or threatened release occ:urring prior to Granfor's ownership or Interest In the Property, whether or not the same was Of should have been known to Grantor. The provisions of this section of the Mortgage, InCluding the obligation to indemnify, shall sulVlve the payment of the Indebtedness and the satisfaction and reconveyance of the Uen of this MOrlgage and shall not be attected by Lend9f"s acquisition of any Inlarest In the Property, whether by foreclosure or otherwise. NulSltflce, Waste. Grantor shall not cause, conduct or permit any nuisance nor commit, permit, or suffer any stripping of or waste on or to the Property or any portion of the Property. Wlthoulllmlting the generality of the foregoing, Granlor wm not remove, or grant to any other party the rtgh.tto remo'l9, any timber, minerals (InclUdIng 011 and gas), soil, gravel or rock products wllhoulthe prIor written consent of Lender. Removel or Improvements. Grantor shall not damollsh or remove any Improvemenls from the Raal Property without the prior written consent of Lender. As a condillon to Ihe removal 01 any Improvements. Lender may reQuire Grantor to make arre.ngements. S8.t\sl~tory to lender to ,aplace such Improvements with Improvements of at least equal value. Lender's RighI to Enter. Lender and Its agents and representatives may enter upon the Real Property at all reasonable timas to attend to L9I'Iders Inleresb and to Impec\ the Properly for purposes of Grantor's compDance wllh the terms and condlllons of this Mortgage. Compliance wtth Governmental ReqUirements. Grantor shall promptly comply with all laws, ordinances, and regulatlons, now or hereafter In effect, of all governmental authorities applicable to the use or occupancy of the Property, !f\Cludtng without lImitatIon, 'he Americans With Dlsabmties Act. Grantor may contest In good faith any such law, ordinance, or regulation and withhold compliance during any proceeding, including appropriate appeals, so long as Grantor has notified Lender In writing prior to doing so and so long as, In Lender's sole opinion, Lender's interesls In the Property are not jeopardized, Lender may requlre Grantor to post adequate security Of a surety bond, reasonably satisfactory to Lender, to protect Lender's Interest. Duty to Protect. Grantor agrees neither to abandon nor leave unattended the Property. Grantor shall do all other acts, In ,ddlllon to those acts sat forth above In this sectlon, which from the character and use of the Property are reasonably necessary to protect and preserve the Property. DUE ON SAlE _ CONSENT BY LENDER, Lender may, at its option, declare Immediately due and payable all sums secured by this Mortgage upon the sale or lransfer, without the Lender's prior written consent, of alt or any part of the Real Property, or any Interest In the Real Property. A "sale or transfer" means the conveyance of Real Property or ,ny right, title or Interest ther'9inj whether legal, beneficial or equllable; whether voluntary or involuntary; whether by outright sale, deed, Installment sale contract, land contract, contract for deed, leasehold Interest with a term greater than three (3) years, lease-option contract, or by sale, assignment. or transfer of any beneflclallnterest!n or to any land trust holdIng t\\le to lhe Real Property, or by any other method of conveyance of Real Property Interest. If any Grantor Is a corporation, partnershiP or limited liability company, transfer also Includes any change In ownership of more than twenty-nve percent (25%) of the voting stock, partnership Interests or Ilmlkld liability company Interests, as the case may be, of Grantor. However, thJs optl.on shall not be exerctsed by Lender II such exercise Is prohlbl\ed by federal law or by PennsylvanIa law. TAXES AND LIENS. The following provisions relating to the t/DCes and liens on the Property are a part of thlll Mortgage. Payment. Grantor shan pay when due (and In all events prior to delinquenoy) alllaxes, payroll taxes, speciallaxes, assessments, water charges and sewer service charges levied against or on account of the Property, and shall pey when dUe all clatms for work done on or for SeMees renderad or material furnished to the Property. Grantor shall mainw.ln the Property tnte of all \\errs having priority over or equal to the interest of Lender under this Mortgage, except for the tlen of taxes and assessments not due, and except llS otherwise provlded In the following paragraph. Right To Contest. Grantor may withhold payment of any tax, assessment, or claim In connection wilh a good failh dIspute over the obllgs.tlon to pay, so long 8S Lender's Interest In Ihe Property Is not JeopardIzed. If a lien arises or Is filed as a result of nonpayment, Grantor Shall within fifteen (15) days after the lien arises or, If a tien Is filed, within fifteen (15) days after Grantor has notice of the filing, secure the discharge of the tlen, or if requested by Lender, deposit with Lender cash or a sufficient corporate surety bond or other security satISfactory to Lendeo: h'l an amount su<<iclent to dIscharge the lien plus any costs and atlorneys' fees or other charges that could accrue as a result of a foreclosure or sate under the lien, In any contest, Grantor shall defend lIself and Lender and shan satisfy any adverse Judgment before enforcement agaInst the Property. Grantor shall name Lendar as an eddltional oblIgee under any surety bond furnished In the contest proceedings. evidence of Payment. Grantor shall upon demand furnish to Lender satisfactory evidence of payment of the taxes or assessments and shall author1ze the appropriate governmental official to deliver to Lender at eny time a wrlllen statement of the taxes and assessments against the Property. Notice of Construction. Grantor shail notify Lender atlesst fifteen (15) days before any work Is commenced, any services are furnished, or any materials are supplied to the Property, If any mechanic's tren, materialmen's lien, or other lien could be asserted on account of the work, services, or materials. Granlor wID upon request of Lender furnish to Lender advance assurances satisfactory to Lander that Grantor can and will pay the cost of suoh Improvements. PROPERTY DAMAGE tNSURANCE. The follOwing prtlvislons relatIng to Insuring the PTtlperty are a part ot this Mortgage. Msfnlenance of Insurence. Grantor shall procur'9 and maintain policies of fire Insurance with slandard extended coverage endorsements on a replacement basis for the full insure.ble value covering all Improvements on the Real Property In an amounl sufflc\er.t to avoid application of any coinsurance clause, and wllh a standard mortgagee clause in favor of Lender. Grantor shall also procure and maintain comprehensive general liability Insurance In such coverage amounts as Lender may reQuesl with Lender being named as additional Insureds In such Ilabliity Insurance policies. Additionally, Grantor shall maintain suoh other Insurance, including bul nol limited to hazard, business lnte<<uptlorl and beller Insurance as Lender may require. Policies shall be written by such Insurance companies and In such lorm as may ba reasonably acceptable to Lendeo:. Grantor shall deliver to Lender certificates of coverage from each Insurei' containing a stipulation that coverage will not be cancelled or dIminished without a minimum 01 ten (10) days' prior written nollce to Lender and not containing any disclaimer of the Insurer's llablllty ftlr tal\ur9 \tl gl\18 such nollce. Each Insurance policy also shall Include an endorsement providing that coverage In favor of Lender will not be Impaired In any way by any act, omission or default of Grantor or any other person. Should the Real Property at any lime bac:ome located In an area designated by the Director of the Federal Eme~gency Management Agency as a special flood hazard area, Grantor agrees to ob1aln aM ma!ntaln Federal FlOOd Insure.nce for the full unpaId principal balance of the toan, up to the maximum poiicy limIts set under Ihe National Flood Insurance Program, or as otharwise required by Lender, and to maintain such Insurance for the term of the loan. Apptlcetton Or Proceeda. Grantor shall prGmpt\y nottty Lender of any loss or clamag8 to \he Property. Lender may make proof of loss if Grantor fails to do so wlthln flfIeen (15) days of the casually. Whether or nol Lender's securlly Is Impaired, Lender may, at its election, apply the proceeds to the reduction of the Indebtedness, payment of any lIan affecting the Properly, or the restoralfon and repaIr of the Properly. II Lender elects to apply the proceeds to restoration and repalr, Grantor sheil repair or rgpIace the damaged or desb"oyed lmprovemenlS in a manner satisfactory to Lender. Lender shall, upon satisfactory proof of such expendllure, payor reImburse Grantor from the proceeds for the reasonabkl cost of repair or restoration If Grarllor Is not In default hereunder. Any proceeds which have not been dIsbursed wllhln 180 days after their receipt and whIch Lender has not commItted to the repair or restoratlnn tlf the PTtlP8r1Y shatl be used first to pay- any'amount owing to Le~der under this Mortgage, then to prepay acorued Interest, and the remelnder, If any, shall be applied to the principal balance of the Indebtedness. II Lender holds any proceeds aftElr payment In fUIi of the Indebtedness, such proceeds shall be paId to Granlor. Unexpired Irlsurance at SlIle, Any unexpired Insurance shall Inure to the benefit of, and pass 10, the purchaser of the Property covered by this Mortgage at any trustee's sale or other sale held under the provisions of this Mortgage, or at any foreclosure sale of such Property. Grantor's Report on Insu~ance. ,Upon rElquest of Lender, however ncl more than once a year, Gramorshall furnish to Lender a report on each axlsting policy of Insurance showing: .. (a) the oamJ 01 the Insurer; (b) the risks Insured; (c) tht1a~ount oflhe pOlicy; (d) the property Insured, the then current replacement value of such properly, and the manner of determining thai value; and (e) the expiration date of the policy, Grantor shail, upon rElquest of Lender, have an independent. appraiser sattsfll.cttll"f to L~mlne the ~~ value replacement cost of the Property. , ~ BOOUJ...,q PAr.~ tiM." "1--... 12-03.1996 Loan No MORTGAGE (Continued) Page 3 EXPENDITURES BY LENDER. If Grantor falls to comply with any provision of this Mortgage, or If any action or proceeding Is commenced that would materially affect lender's Interests In the Property, Lender on Grantor's behalf may, but shall not be required to, take any action that Lender deems appropriate. Any amount thai lender expends in so doing will bear Interest at the rate provided for In the Nole from lhe. date incurred or paid by Lender to the date of repayment by Grantor. All such expenses, at Lender's option, will (a) be payable on demand, (b) be added to the balance of the Note and be apporlloned among and be payable With any Installment payments to become due during either (I) the lerm of any applicable Insurance poliCY or Qi) the remaining term 01 the Note, or (c) be Ireated as a balloon payment which will be due and payable at Ihe Note's maturity. This Mortgage also will secure payment of these amounts. The rights provided for In this paragraph shall be in addlllon to any other rights or any remedies to which Lender may be enlll1ed on account of the default. Any such aellon by Lender shall not be construed as curing the default so as to bar Lender from any remedy that n olherwise would have had. Grantor's obligation 10 Lender for all such expenses shall surv1V9 the entry of any mortgage foreclosure Judgment. WARRANTY; DEFENSE OF TITLE. The following provisions relaflng to ownership of the Property are a part of this Mortgage. ntle. Grantor warrants that: (a) Grantor holds good and marketable Iltle of record to the Property In fee simple, free and clear of all liens and encumbrances other than those set forth In the Real Property description or In any lIt1e Insurance policy, fllle report, or final title opinion Issued in favor of, and accepted by, Lender In connecllon with this Mortgage, and (b) Granlor has the full right, power, and authOrity to execute and deliver this Mortgage to Lender. Defense 01 Title. Subject to the exception in the paragraph above, Grantor warrants and wm forever defend the title to the Property against the lawful claims of all persons. In the event any actton or proceeding is commenced that questions Grantor's title or the interest 01 Lender under this Mortgage. Grantor shall defend the action at Granlor's expense. Granlor may be the nominal party In such proceeding, but Lender shall be entitled to participate In the proceeding and to be represented In the proceeding by counsel 01 Lender's own choice, and Grantor will delIver, or cause to be delivered, to Lender such Instruments as Lender may request from time to time to permit such participation, Compliance With Lewa, Grantor warrants that the Property and Grantor's use 0' the Property complies with all existing applicable laws, ordinances, and regulations of governmental authorities. CONDEMNATION. The following provisions relating to condemnation of the Property are a part of this Mortgage. ApplicatIon or Net Proceed.. If all or any part of the Property is condemned by emInent domain proceedings or by any proceeding or purchase In lieu of condemnation, Lender may atlls election reqUire that all or any portion of the net proceeds of lhe award be applied 10 the Indebtedness or the repair or restoration of the Property. The net proceeds of the award shall mean the award alter payment of all actual costs, expenses, and attorneys' lees Incurred by Lender In connection with the condemnation. Proceedings. If any proceeding In condemnation Is filed, Grantor shall promptly notify Lender In wrltIng, and Grantor shall promptly take such steps as may be necessary to defend the action and obtain the award. Grantor may be the nominal party In such proceeding, but Lender shall be entllled 10 parttclpate In the proceeding and 10 be-represented In the proceeding by counsel of Its own cholce, and Grantor will deliver or cause to be delivered to Lender such Inslruments as may be requested by It from time to lime to permit such participation. IMPOSITION OF TAXES, FEES AND CHARGES BY GOVERNMENTAL AUTHORITIES, The following provisions relating to governmental taxes, fees and charges are a part of Ihls Mortgage: Current Taxes, Fees and Charges, Upon request by Lender, Grantor shall execute such documents In addition to this Mortgage and lake whatever other aellon Is requested by Lender 10 per1ect and continue Lender's lien on the Real Property. Grantor shall reimburse Lender lor all taxes, as described below, together with all expenses Incurred In recording, perfecting Ol" continuing this Mortgage, Including wllhoullimitatlon all taxes, fees, documentary stamps, and other charges for recording or rtlglsterlng this Mortgage. Taxes. The following shan constitute taxes to which this section applies: (a) a specific tax upon this type of Mortgage or upon all or any part of the Indebtedness secured by this Mortgage; (b) a specific tax on Grantor which Grantor Is authorized or required to deduct from payments on the Indebtedness secured by this type of Mortgage; (c) a tax on this type of Mortgage chargeable against the Lender or the holder of the Note; and (d) a specific lax on all or any porllon of the Indebtedness or on payments of principal and Interest made by Grantor, SUbsequent Taxes. If any lax to which this section applies Is enacted subsequent to the date of this Mortgage, this event shall have the same effecl as an Event of Default (as defined below), and Lender may exercise any or all 01 Its available remedies for an Event of Default as provided below unless Granlor either (a) pays the tax before II becomes dellnquenl, or (b) contests the tax as provided above In the Taxes and Liens section and deposits with Lender cash or a sufficient corporate surety bond or other securtty satisfactory 10 Lender. SECURITY AGREEMENT; FINANCING STATEMENTS, The following provisions relattng to this Mortgage as a secUlity agreement are a part of this Mortgage. Security Agreement, This Instrument shall constitute a security agreement to the extent any of the Property conslltutes fixtures or other personal property, and Lender shall have all of the rights of a secured party under Ihe Uniform Commercial Code as amended from time to ttme. Security Interest. Upon request by Lender, Grantor shall execute financing statements and take whatever other sctton Is requested by Lender to perfect and continue Lender's security Interest In the Rents and Personal Property. In addltton to recording this Mortgage in the real property records, Lender may, at any time and without further authorization from Grantor, file executed counterparts, copies or reproducttons of this Mortgage as a flnanclng statement Grantor shall reimburse lender for all expenses incurred In perfecting or continuIng this security Interest. Upon default, Grantor shall assemble the Personal Property In a manner and at a place reasonably convenIent to Grantor and Lender and make It available to Lender within three (3) days after receipt of wrltten demand from Lender. Addresses. The mailing addresses of Granlor (debtor) and Lender (secured party), from which Informallon concerning the security Interest granted by this Mortgage may be obtained (each as required by the Uniform Commercial Code), are as stated on the flrsl page of this Mortgage. FURTHER ASSURANCES; ATTORNEY-IN-FACT. The following provisions relattng to further assurances and attorney-In-fact are a pari 01 this Mortgage. Further AsaUrllnces. At any ttme, and from lime to time, upon request of Lender, Grantor will make, execute and deliver, or will cause 10 be made, executed or delivered, to Lender or to Lender's designee, and when requested by Lender, cause 10 be filed, recorded, reflled, or rerecorded, as !he case may be, at such times and In such oflices and places as Lender may deem appropriate, any and all such mortgages, deeds of trust, security deeds, security agreements, financing stalements, continuation statements, Instruments of further assurance, certificates, and other documents as may, In the sole opinion of Lender, be necessary or desirable In order to effectuate, complete, perfect, continue, or preserve (a) the obligations of Grantor under the Note, this Mortgage, and the Related Documents, and (b) the liens and security Interests created by this Mortgage as first and prior tiens on.the Property, whether now owned or hereafter acqUired by Grantor. Unless prohibited by law or agreed to the contrary by Lender In writing, Grantor shall reimburse Lender lor all costs and expenses incurred In connection with the matters referred to In this paragraph. Attomey-In-Fact. If Grantor faits to do any of the things referred to In the preceding paragraph, Lender may do so for and In the name of Grantor and at Grantor's expense. For such purposes, Grantor hereby Irrevocably appoints Lender as Grantor's attorney-In-fact for the purpose of making, executtng, delivering, tiling, recording, and doing all olher things as may be necessary or desirable, In Lender's sole opinion, to accomplish the matters referred to in the preceding paragraph. FlA.L PERFORMANCE, If Grantor pays aU the Indebtedness when due, and otherwise performs all the obligations imposed upon Grantor under this Mortgage, Lender shall execule and deliver to Grantor a suitable satisfaction of this Mortgage and SUitable statements of termination of any financing statement on file evldenclng Lender's security Interest In the Rents and the Personal Property, Grantor will pay, If permitted by applicable law, any reasonable termlnatton lee as determined by Lender from time to time. DEFAlA. T. Each of the following. at the option of Lender, shall consfltute an event of default ("Event ot Defaultj under this Mortgage: DefaUlt on Indebtedness. Failure of Grantor to make any payment when due on the Indebtedness. DefaUlt on Other Payments. Failure of Granlor within the time required by this Mortgage to make any payment for taxes or Insurance, or any other payment necessary to prevent filing of or to effect discharge of any lien. Compliance Default. Failure of Grantor to comply with any other term, obllgallon, covenanl or condition contained In Ihls Mortgage, the Note or in any of the Relaled Documents. DefaUlt tn Favor of Third Partie.. Should Grantor default under any loan, extension of credll, security agreement, purchase or sales agreement, or any other agreement, In favor of any other cradltor or person thai may materially affect any of Grantor's property or Grantor's ability to repay the Note or Grantor's ability to perform Grantor's obligations under this Mortgage or any of the Related Documents, FlJlse Stlllementa, Any warranty, representation or statement made or furnished to lender by or on behalf of Grantor under this Mortgage, tile Nole or the Related Documents is false or misleading In any material respect, either now or at the lime made or furnished. Detective Coiiaterllllzatlon, This Mortgage or any of Ihe Related Documents ceases to be In fulllorce and effect (InCludIng failure of any collateral documents 10 create a valid and perfected security Interest or lien) at any lime and for any reason. BOOK1354PAGE 686 12-03-1996 Loan No MORTGAGE (ContInued) Page 4 Death or lnsotvency. The death 01 Grantor or the dissolution Of termination of Grantor's existence as a going business, the Insolvency 01 Grantor. the appointment 01 a receiver lor any part of Grantor's property, any assignment for the benefit of creditors, any type of creditor workout, or the commencem~t of any proceeding under any bankruptcy or Insolvency laws by Of against Grantor. Foceelosure, F<HfeltUl'e, etc. Commencement ot fo1'9C!OSUf9 Of forie\\ure proceedIngs, whether by judicIal proceeding, sell-help, repossessIon or any olher method, by any creditor of Grantor or by any govemmental agency against any of the Property. However, this subsection shall not apply In the event of a good failh dispute by Grantor as to the validity or reasonableness 01 the claim which Is the basis 01 the foreclosure or forefellure proceeding, provided that Grantor gives lender written notice of such clalm and furnIshes reserves or a surety bond for the claim satisfactory to L.ander. Breach of Other Agreement. Any breach by Grantor under the terms of any other agreement between Grantor and Lender the.t is not n~medled within any 9r8.C8 period provided therein, Including without limitation any agreement concerning any Indebtedness or other obligation of Grantor to L.ender, whether existing now or later. Events Aflecflng Guaren~or. Any of thepreeedlng"8V9n\s- occurs with respect \0 any Guarantor of any of the Indebtedness or any Guarantor dies or becomes Incompetent; or revokes or disputes the validity of, or liability under, any Guaranty of the Indebledness. Adverse Change. A maferlal adverse change occurs In Grantor's financial condition, or Lender believe!> the prospect. of payment or peI1ormaOO9 of the Indebtedness Is impaired. Insecurfty. Lender In good failh deems Itself Insecure. RIGHTS AND REMEDIES ON DEFAlA.T. Upon the occurrence of any Event of Default and at any lime Ihereafter, Lender, at lis option, may exercise anyone or mora of the following righls and remedies, In addition to any other rights or ramedles provided by law: Acceterate Iftdet)tednesa. SUbject to applicable law, lender stlall have the right sills opllon wllhoul notice to Grantor to decl.re the enlire Indebtedness Immediately due and payable, UCC Remedies. With respect to an or any part of the Personal Properly, Lender shall have all the rights and remedies of a secured party UJ'Ider the Uniform Commercial Code. Collect Rents. Lender shall have the right, without notice fo Grantor, to take pO$Sesslon 01 the Property and, with or without taking possession of the. Pmperty,'o coI1ecl the. Rents, Including amounts past due and unpald, and apply the net proceeds, over and above Lender's costs, against the Indebtedness. In furtherance of this right, Lender may requlre any tenant or other user of the Property to make payments of rent or use fees directly to Lender. If the Rents are collected by L.ender, then Grantor Irrevocably designates lender as Grantor's attorney-In-Iact to endorse \ns1rum9l'lts received In payment thereat In the name of Grantor and to negotiate the $Sma and collect the proceeds. Payments by tenants or other users to Lender In response to Lender's demand shall satisfy the obligations for which the paymenls are made, whether or not any proper groundS for the demand existed. Lender may exercise Its rights under thIS subparagraph elther In person, by agent, or through a receiver. Appoint Receiver. Lender shall have the right to have a receiver appointed to take possession ot all Of any part of the Property, with the power to protect and preserve the Property, to operate the Property preceding foreclosure or sale, and to collect Ihe Rents from the Properly and apply the proceeds, over and above It'Ie cost of the receivership, aQalnst the Indebtedness. The reoelvw may serve wlthQ\lt bond \1 permitted by law. Lender's right to the appointment of a receiver shall exist whether or not the apparent value of the Property exceeds the Indebtedness by a substantial amount. Employment by Lender shall not dlsqveJlfy a person from serving as a receiver. Judlcl.1 Forec:loaure. Lender may obtain a judicial decree foreclosing Grantor's Interest In all or any part of the Property. Posaua!on of the Property. For the purpose of procuring possession of the Property, Grantor hereby aUlhorlzes and empowers any attorney of any court of record In the Commonwealth of Pennsylvania or elsewhere, as attorney for Lender and all persons claiming under or through Lender, to sign an agreement for entering In any competent court an amicable aellon In ejectment fOf possession of the Properly and to appear for and confesS jud9r:nent against Grantor, and agaInst aD persons claiming under or through Grantor, for the recov8IY by Lend8f of possession of the Property, without any stay of execution, for which this Mongage, or a copy of this Mortgage verified byaffldavll, shall be a sufficient warrant; and th9fElupon a wril of possession may be Issued forthwith, without any prior WT1t or proceeding whatsoever, Nonjudicial ~Ie. If permitted by applicable law, Lender may foreclose Grantor's interest In all or In any part of the Personal Property or the Real Property by nonjudicial sale, Deftctency Juctgment. lender may obtaln a judgment lor any deficiency remaining In the Indebtedness due to Lender aller application of all amounts rec~ved from the exercise of the rights provided In this section. Tenancy at Suffer8.ItCe. If Grantor remaIns In possessIOn of the Property attar 'he Property Is sold as provided above or lender otherwise becomes entitled to possession of the Property upon default of Grantor, GrantOf shall become a tenant at 5Uflerance of Lender or the purchaser of the Property and shall, at Lender's option, either (a) pay a reasonable rental for the use of the Property, or (b) vacate the Property Immediately upon the def1l:8nd of Lender, other RemecUes. Lender shall have all other rights and remedies provided In this Mortgage or lhe Note or available at law or in equity. Sale or the ~roperty. To tl'Ie extent permltte<l by appllcable law, Gramer hereby waIves artJ and all rtght 10 have the property marshalled. In exercISing Its rights and remedies, Lender shall be free to sell all or any part of the properly together or separately, In one sale or by separate sales. Lenden shall be entitled to bid at any public sale on all or any portion of the Property. Nonce Of Sale, Lender shall give Grantor reason.ble nollce of the time and place of any pUblic sale of the Personal Property or 01 the lime after whIch any pri,vate sale or other Intended disposition of the Personal Property Is to be made. Unless olherwlse required by applicable law, reasonable notice shaU mean notice given at least ten (10) days before the time of the sale or dlsposlllon. Waiver; Election of Remedies. A waiver by any party of a breach of a provision of Ihls Mortgage shall not constitute a waiver of or prejUdice the party's rights olherwlse to demand strict compliance with that provision or any other provision. Election by Lender to pursue any remedy shall not exclude purwlt of any other AlmedY, and an election to ma\(e expendl\ures or \ake action to pertorm an obllgallon of Grantor under this Mortgage after tallure of Grantor to perform shall nof affect Lender's right to declare a default and exercise Its remedies under Ihls Mortgage, Attorneys' Fee.; Expenses. II Lender Insllrutes any sull or action to enforce any of the terms of thIs Mortoage, Lender shall be en'ltled to recover such sum as the court may adjudge reasonable as attorneys' fEles at trial and on any appeal. Whether or not any court action Is InVolved, all reasonable expenses Incurred by Lender tl1at In Lender's opinion are necessary at any time for the protection of lis Interest or the enforcement of lis rights shall become a part of lhe Indebledness payable on demand and shall bear Interest from the date of expel'\dlture until repa~ at ,he. ra'e provided lor In the Note. Expenses covered by this paragraph Include, without limitation, however subject to any limits under appllcabte law, Lender's attorneys' fees and Lender's legal expenses whether or not there Is a lawsuit, Including attorneys' fees for bankruptcy proceedIngs Oncludlng efforts to modify or vacate any automatic stay or InJunction). appeals and any anticipated post-Judgment eol\ectton services, the. cost of searching records, obtaining tfIIe reports Oncludlng foreclosure reports), surveyors' reports, and appraisal fees, and title Insurance, to the axlent permItted by applicable law, Grantor also will pay any court costs, In addition to all other sums provided by law, NOTICES TO GR~OR AND OTHER PARTIES. Unless otheTwise provided by appbble law, any nob under this Mortgage shall ba In writing, may be be sent bYlteletacslmilla, and shall be efIectIve when actually delivered, or when deposlted with a !latlonally recognized ovemlght courier, or, If mailed, shall be deemed effective when deposlted In the United States mall first class, certified or registered mall, poslage prepaid, directed to the addresses shown near tt\e beglnnlno of this M~age. A.ny party may change Its address tor nollces under this Mortgage by giving formal written notice to the other I)artles, specifying that the purpose of the notice ts 10 change the party's address. All copies of notices of foreclosure from the holder of any Ilan which has priority over this Mortgage shall be sent to Lender's address, as shown near tha beginning of thIs Mortgage. For notice purposes, Grantor a~reas to k~ Lender Informed at alIllmes at Grantor's current addreSS. MISCELLANEQUS!PROVISIONS. The foilowing miscellaneous provisions are a part of this Mortgage: Amendments.! ThIs Mortgage, tOQether wl\h any Related Documenb, consfil.utes the entire understanding and agreement of the parties as to the matters set for;lh In this Mortgage. No alteratlon of or amendment to this Mortgage shalt be effective unless given In writing and signed by the party or partin sought to be charged or bound by tha alteration or amendment. Annu81 Repods. It the Property Is used for purposes other than Grantor's residence, Grantor shall furnish to Lander, upon request, a c:ertffled statemant of net operating Income received from the Property during Grantor's previous fiscal year In such torm and datall as Lender shall require. "Net operating. Incon'le~ shall mean all cash recelpts from the Property less all cash expenditures, made In connection with the operatlort at the Property. ApplICable Law, This Mortpge has been deJlvered to Lender 8nd accepled by Lender In the Commonwealth ot Pennsylvania. This Mortgage shall be governed by and construed In accorcIance wllh the Ins Of lhe Commonwealth ot PennsylVamla. CltPtlon Headings. Caption headings In this Mortgage are for convenience purposes only and ara not to be used 10 Interpret or define lhe provISions of this Mortgage. I Mod .1:;4 Pdr.< F:R7 12-03-1996 Loan No MORTGAGE (Continued) Page 5 Merger. There shall be no merger of the Interest or estate created by this Mortgage with any other Interest or estate In the Property al any time held by or fOf the beneftt of Lender In any capacity, without the written consent of Lender. MUnlple P.tlea. All obllgallons of Grantor under this Mortgage shall be Jolnl and several, and all references to Granlor shall mean each and every GranIO~. This means that each of the persons slgnlng below Is responsible for all obligations In this Mortgage. Severability. If a court of competent Jurisdiction finds any provlslon of Ihls Mortgage to be Invalid or unenforceable as 10 any person or circumstance, such finding shall not render thai provision Invalid or unenforceable as to any other persons or circumstances. If feasible. any such offending provision shall be deemed 10 be modified to be within the limits of enforceability or validity; however, If the offending provision cannot be so modified, It shall be slrlcken and all other provisions 01 this Mortgage In all other respects shall remain valid and enforceable, Successors land Asstgns, Subject to the limitations stated in this Mortgage on transfer of Grantor's Interest, this Mortgage shall be binding upon and inure to the benefit of the parties, their heirs, personal representatives, successors and assigns. If ownership of the Property becomes vested In a person Other than Grantor, Lender, without notice to Grantor, may deal with Grantor's successors with reference to this Mortgage and lhe IndebtednesS by way of forbearance or extension without releasing Grantor from the obligations of this Mortgage or liability under the Indebtedness. Time Is of the Essence. TIme Is of the essence In the performance of this Mortgage. Watvers and Consents. Lender shall not be deemed to have waived any rights under this Mortgage (or under the Related Documents) unless such waiver is in writing and Signed by Lender. No delay or omission on the part of Lender In exercising any right shall operate as a waiver of such right ori any other right A waiver by any party of a provision of this Mortgage shall not constitute a waiver of or prejudice the party's right otherwise to pemand strict compliance wllh that proviSion or any other provision. No prior waiver by lender, nor any course of dealing between Lender and Grantor, shall conslltute a waiver of any of lender's rights or any of Grantor's obligations as to any future trensacllons. Whenever consent by L$nder Is required in this Mortgage, the granting of such consent by Lender In any instance shall not consmute continuing consent to subsequent Instances where such consent Is reqUired. EACH GRANTOR ACKNOWLEDGES HAVING READ AU. THE PROVISIONS OF THIS MORTGAGE, AND EACH GRANTOR AGREES TO ITS TERMS. " K1,'_"""""""''L"'''~''''''''''''''~'',' "~"""""', 'w" .ii."Ji1.I""-" , ., ".... . ",.M '.-'''m,'-.' '-_". ... ..... .. " ,/ ,'Au_.,._ ........"......,..'.,,,,0"__. ._..... ........"....,..,,,, ,'_'n..'_'_" '. ...,...."".. ancy E. Kend Xy,.@; In P. Kendig Signed, acknowttldged and delivered In the presence of: X =--.. ,..> 2,- Witness X Witness Signed, acknowJ8dged and delivered In the presence of: X ~,.)<T- Witness ' X Witness CERTIFICATE OF RESIDENCE I hereby certify, fhat the precise address of the mortgagee, FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, herein Is as follows: POST OFFICE B~X T ,20 SOUTH MAIN STREET, CHAMBERSBURG, PA 17201-01119 ~,J~ AlIllm. crAgenl forMorlgag.. INDIVIDUAL ACKNOWLEDGMENT STATE OF f~..u"l\..>J:.A-..:llb I laa I COUNTY OF ~\u....l"" On this, the :~d- day of ::UGc.L.~ , 19~6, before me ~---r't" ~-.\->..."'r~ ,the undersigned Notary Public, personally appeared Kevin P. Kendig and Nancy E. Kendig, known to me (or sat~'ac.1o'ffiY.~f.dl{e:n)Jo,~e the person whose names are subscribed to the within instrument, and acknowledged that they executed the same for the purposes therein cont&irle.Cio, In witness Wh~reof, I hereunto eet my hand and oftIclal seal. .. ...." ;...._ "-\_ ~"i (I """'''"':,_._:'.: _Selll _N.==.,_ ~~Doe.~ ~~..". ,- , ,~::,..'-~"" Bood354 PAGE 688 Exhibit "A" ALL that certain farm situate in Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a stone in the road leading from Leesburg to the Turnpike; thence with said road and land now or formerly of Carrie B. Railing, ct aI, North 42 degrees West, 40.5 perches to a stake in the road; thence with said land, South 41 degrees West, 107.3 perches to a stone; thence by land now or formerly of Edward Highlands and C. Long, South 32 degrees East, 107.7 perches to a post; thence by land now or formcrly of Harry Bughman's Heirs, North 42 degrees East, 168.9 perches to a post; thence by land now or formerly of Carrie B. Railing, et ai, North 51.25 degrees West, 61.9 perches to a stone; thencc by the samc, South 43.5 degrees West, 34.05 perches to the place of BEGINNING. EXCEPTING THEREFROM Premises which 1. Harold Holtry and Florence Holtry, his wife, by deed date 01110/83 and recorded 02/02/83 in the office ofthe Recorder of Deeds, in and for Cumberland County, Pennsylvania, in Record Book 30-B-80, granted and conveyed unto James H. Staver and Nellie D. Staver, husband and wife. BEING a portion of the real estate which Larry Holtry and Veda 1. Holtry by their deed dated December 18, 1989, and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book "I", Volume 34 at page 848, conveyed to Kevin P. Kendig and Nancy E. Kendig, his wife, mortgagors herein. Address being: 74 Kline Road Shippensburg, P A 17257 Tax 1.0. # - 39-120324005 ',e'i1r\svlvania } s:=-- (:' "'"berland ~'.'~":,\,'f,.,; 7iJ~~,C:r:;~,~n;:~~,~;~~t D~~,','<!iS W~\lol__-- pag&~ 90 ,",m, nc:~eai of office ' , 1<: 'b,s-- day of ",--- ' Bood351 PAGE 689 10/07/2005 07:57 FAX 261 3621 F & M ~ SCOTf DIJ::'lTJ::KICK i<ZIUUUUUt 7 Date: May 31, 2005 ACT 91 NOTICE ~ TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on vour home is in default. and the lender intends to foreclose. Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (REMAP) mav be able to help to save vour home. This Notice explains how the program works. To see if REMAP can help. vou must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WI1HIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with vou when you meet with the Counseling Agencv. The name. address. and ohone number of Consumer Credit Counseling Agencies serving vour Countv are listed at the end of this Notice. If vou have anv Questions. vou mav call the Pennsvlvania Housing Finance Agency toll free at 1-800-342-2397. /Persons with imoaired 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 fmd a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUBS AFECT A SU DERECHO A CONTINUAR VNIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENDIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUBDES SER ELEGffiLE PARA UN PREST AMO POR EL PROGRAMA LLAMADO AHOMEOWNER'S EMERGENCY MORTAGE ASSISTANCE PROGRAM EL CUAL PUEDE SAL V AR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. 10/07/2005 07:57 FAX 261 3621 ~. & M -+ .,LUll UU:.1..l.C!\..lVU ~vVo.J/ ",v' HOMEOWNER'S NAME (S): Kevin P. Kendig Nancy E. Kendig PROPERTY ADDRESS: 74 Kline Road, Shippensburg PA 17257 LOAN ACCOUNT NO.: 3307372-9001 ORIGINAL LENDER: Farmers and MerchaDts Trust Company CURRENT LENDERlSERVICER: Farmers and Merchants Trust Company 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 CAN COMPLY WITH THE PROVISION 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 ELIGmILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE--Under the Ac~ 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-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 cre<lit 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 telenhone numbers ofdesillJUlted consumer credit counselin~ a~encies for the county in which the orooertv 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 immediatelv of your intentions. 10/07/2005 07:57 FAX 261 3621 F & M ~ SCUTI DIETI'ERICK t,!] 004/007 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.) !fyou have tried and are unable to resolve this problem with the lender, you have the right to apply for fmancial 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 FAll.. 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. 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 THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. f ou have filed bankru: tc ou can still a 1 for Erner ene Mort a e Assistance. HOW TO CURE YOUR MORTGAGE DEFAULT (Brine it UP to date), NATURE OF THE DEF AUL T - The MORTGAGE debt held by the above lender on your property located at, 74 Kline Road. ShiDDensbur2. Pennsvlvania 17257, IS SERIOUSLY IN DEFAULT because you have failed to pay promptly installments of principal and interest, as required, for a period of at least sixty (60) days. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for December 15 2004, January February, March, April, and May 15, 2005. The following amounts are now past due: Principal Interest Other Charges: Legal Fees Late Charges $ 4,791.00 $ 2,301.80 $ 50.00 $ 896.72 TOTAL AMOUNT PAST DUE: $8,039,52 10/07/2005 07:58 F~~ 261 3621 F & M ~ SCOTT DIETI'ERICK ~ 005/007 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 $8.039.52 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: FARMERS AND MERCHANTS TRUST COMPANY P.O. BOX 6010 150 LINCOLN WAY EAST CHAMBERSBURG, PA 17201 IF YOU DO NOT CURE THE DEFAULT--Ifyou do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its ril!hts to accelerate the mortl!al!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 vour mortl!al!ed property. IF THE MORTGAGE IS FORECLOSED UPON-- The mortgaged property will be sold by the Sheriff to payoff the mortgage debt. If the lender refers this 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 attorneys' fees that were actually incurred, up to $50.00. Howeyer, if legal proceedings are started against you, you will haye to pay all reasonable attorneys' fees actually incurred by the lender eyen if they exceed $50.00. Any attorneys' fees will be added to the amount that you owe the lender, which may also include other reasonable costs. If you cure the default within the TIDRTY (30) DAY period. yoU will not be required to pav attornevs' fees. OTHER LENDER REMEDIES-- The lender may also sue you personally for the unpaid 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 THIRTY (30) DAY period and foreclosure proceedings have begun,.YQ!! still have the right to cure the default and preyent the sale at any time UP to one hour before the Sheriffs Sale. You may do so by paving the total amount then past due. plus any late or other charges then due. reasonable attorneys' 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 had never defaulted. 10/07/2005 07:58 FAX 261 3621 F & M -+ :>t;UTl' VllHThKHA\ 19jUUOfUUI 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 six months from the date of this 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 THE LENDER: Name of Lender: Address: Fanners and Merchants Trust Company 150 Lincoln Way East, P.O. Box 6010 Chambersburg, PA 17201 717-261-3641 717-261-3646 Lorie M. Heckman Phone Number: Fax Number: Contact Person: EFFECTS OF SHERIFF'S SALE- You should realize that a Sheriffs' Sale would 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 fwnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE-- Y au may not sell or transfer your home to a buyer or transferee that will assume the mortgage debt. YOU MAY 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 HA VB THIS DEFAULT CURED BY ANY THlRD 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 TIDS 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 LA WSillT 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. 10/07/Z005 07: ~H FAA 2l::il 3b21 " " " ..... ..,.....V.L.L ....L.....L.L.........-'-.......n ...""........, , u..... CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY Financial Services Unlimited 31 West 3m Street Waynesboro, P A 17268 717-762-3285 YWCA of Carlisle 301 G Street Carlisle, PA 17013 717-243-3818 FAX 717-243-3948 CCCS of West em Pennsylvania, Inc. 912 South George Street York, PA 17403 717-846-4176 American Red Cross-Hanover Chapter 529 Carlisle Street Hanover, PA 17331 717-637-3768 FAX 717-637-3294 Community Action Commission of Capital Region 1514 Derry Street Harrisburg, PA 17104 717-232-9757 FAX 717-234-2227 Urban League of Metropolitan Hbg. 2107 N. 6th Street Harrisburg, PA 17101 717-234-5925 FAX 717-234-9459 CCCS ofWesternPA 2000 Linglestown Road Harrisburg, P A 17102 717-541-1757 FAX 717-541-4670 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, P A 17325 717-334-1518 FAX 717-334-8326 PLEASE BE ADVISED THIS IS AN EFFORT TO COLLECT A DEBT. ANY AND ALL INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. VERIFICATION I, Lorie M. Heckman, Assistant Vice President, on behalf of Farmers and Merchants Trust Company of Chambersburg, depose and say subject to the penalties of 18 Pa.C.S.A., sec.4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint in Mortgage Foreclosure are true and correct to the best of my information, knowledge and belief. rie M. Heckman, Assistant Vice President ~ ~ ~ f'( V'l ~ Y'i ~ ~ ~ ~ ~ L\ ~ -.c: ~ '-'\ tJ ~ ~ ~ Q ~., CJ -n o .~ _ -::C-n ':.-", pl;::--=' :s::,'5 -,). L' ,) --, ",~, ':C") ,: ~lcn r:--5 '. ,::; X___ ~.c} -.l ;..:: ." CASE NO: 2005-05306 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SHERIFF'S RETURN - OUT OF COUNTY FARMERS AND MERCHANTS TRUST CO VS KENDIG KEVIN P ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KENDIG KEVIN P but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On October 24th , 2005 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge Dep Adams County Postage 18.00 9.00 10.00 30.00 .37 67.37 10/24/2005 JAMES SMITH So an~~.,.._._.._~_.._--'-"?_'.".'-'_.-~? / r~,-~~- R. Thomas Kline Sheriff of Cumberland County DIETTERICK CONNELL Sworn and subscribed to before me j;.. this 0- day of IU'-U-L~ d~( A.D ~ 1 , ti . f p~tar ", l'~ In The Court of Common Pleas of Cumberland County, Pennsylvania Farmers And Merchants Trust Canpany of Chambersburg VS. Kevin P. Kendig No. 05-5306 civil Now, October 12, 2005 , I, SHERIFF OF CUMBERI,AND COUNTY, P A, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ../"}/~. '~~"'~<:4..~~ Sheriff of Cumberland County, PA Affidavit of Service Now, October 18 , 20~, at 4:14 o'clock P. M. served the within Complaint in Mortgage Foreclosure upon Kevin P. Kendig at 120 State Street, York Springs, PA by handing to Kevin P. Kendig true & attested copy of the original Complaint in Mortgage Foreclosur a and made known to Kevin P. Kendig the contents thereof. So answers, 1~~.A W.~nOO,~ De t~:~iff/ n, ,') < .-/ ~'/~~. -9,.... J'l&u f"M,uIA shMff of Adams County, PA Sworn and subscribed before me this _ day of N/A ,20_ COSTS SERVICE MILEAGE AFFIDAVIT $ 18.00 12.00 pO.OO Ri. 10/19/05 .., , ,..- ~ r',- ,-,' .----- - SHERIFF'S RETURN - REGULAR , CASE NO: 2005-05306 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARMERS AND MERCHANTS TRUST CO VS KENDIG KEVIN P ET AL KENNETH GOSSERT Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KENDIG NANCY E the DEFENDANT at 1910:00 HOURS, on the 13th day of October 2005 at 74 KLINE ROAD SHIPPENSBURG, PA 17257 by handing to MITCH KENDIG, SON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 18.24 .00 10.00 .00 34.24 So Answers: ,"",;o:r;c//'?"",~'7' ,.; // .1 ~":-':~4=,.~~'1-:;"':~<-,y'~ R. Thomas Kline 10/24/2005 JAMES SMITH DIETTERICK CONNELL Sworn and Subscribed to before By: #cq+ff me this '^" J'- day of "~ :J "",( ,~ A.D. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST CIVIL DIVISION COMPANY OF CHAMBERSBURG, No.: 05-5306 CIVIL Plaintiff, ISSUE NUMBER: TYPE OF PLEADING: Ys. KEVIN P. KENDIG and NANCY E. KENDIG PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) Defendants. FILED ON BEHALF OF: Fanners and Merchants Trust Company of Chambers burg Plaintiff I Hereby certify that the las\ known address of Defendant(s) is/are, Nancy E. endig 74 Kline oad, Ship COUNSEL OF RECORD FOR THIS PARTY: Kevin 1205t Scott A. Dietterick, Esquire Pa. J.D. #55650 A 17372 Attorney for Plaintiff JAMES, SMITH, DIETTERICK & CONNELLY LLP P.O. Box 650 Hershey, P A 17033 (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 05-5306 Civil vs. KEVIN P. KENDIG and NANCY E. KENDIG, Defendants. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR/MADAM: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendants, Kevin P. Kendig and Nancy E. Kendig, in the amount of $84,4 15.48 which is itemized as follows: Principal Interest through 1211I05 Late Charges Attorney's Fees Court, Sheriff and Title Costs $73,933.70 $ 5,2 I 0.08 $ 1,521.70 $ 1,250.00 $ 2,500.00 TOTAL $84,415.48 plus interest on the principal sum ($73,933.70) from December 1, 2005, at the rate of$17.45 per diem, plus additional late charges, and costs (including ditional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of he age remises. ONNELL Y LLP By: Scott A. Diette : ck, ~squire Attorney for Plalmiff PA I.D. #55650 P.O. Box 650 Hershey, PAl 7033 (717) 533-3280 AFFIDAVIT OF NON-MILlT ARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendants are not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Sworn to and subscribed before me thiJLdayof lIu v.- b.'v ,2005. \. ,J U- "c*-x. L Lr Y :?-- Notary Public My Commission Expires: COMMON.WEAL. TOF PENNSYLVANIA NOTARIAL EAI. MlCHEUEEU.I01T NOTARY Pl/llL1C DERRY TOWIlSHIP OI\\IPHIN COUNTY MY COIlilSltoN EXPIRES JUNE t. 200.7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMP ANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 05-5306 Civil vs. KEVIN P. KENDIG and NANCY E. KENDIG, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Nancy E. Kendig ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding o:U '" r .s I .>.0 as ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $84,415.48 plus interest on the principal sum ($73,933.70) from December I, 2005, at the rate of$17.45 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. .-- / IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMP ANY OF CHAMBERSBURG, CIVIL D!VISION Plaintiff, NO.: 05-5306 Civil vs. KEVIN P. KENDIG and NANCY E. KENDIG, Defendants. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Kevin P. Kendig ( ) Plaintiff (XXX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding onU€.c-- 5, 01.00-.5 ( ) A copy of the Order or Decree is enclosed, or (XXX) The judgment is as follows: $84,415.48 plus interest on the principal sum ($73,933.70) from December I, 2005, at the rate of$17.45 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. SHERIFF'S RETURN - REGULAR CASE NO: 2005-05306 ~ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARMERS AND MERCHANTS TRUST CO VS KENDIG KEVIN P ET AL KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County, Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon KENDIG NANCY E the DEFENDANT , at 1910:00 HOURS, on the 13th day of October ,2005 at 74 KLINE ROAD SHIPPENSBURG, PA 17257 by handing to MITCH KENDIG, SON a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge 6.00 18.24 .00 10.00 .00 34.24 So Answers: ~il~~ R. Thomas Kline 10/24/2005 JAMES SMITH DIETTERICK CONNELL A.D. Sworn and Subscribed to before By: me this day of Prothonotary In The Court of Common Pleas of Cumberland t.::ounty, Pennsylvania Fanners And Merchants Trust Canpany of Chambersburg VS. Kevin P. Kendig No. 05-5306 civil Now October 12, 2005 , , I, SHERIFF OF CUMBERLAND COUNTY, P A, do hereby deputize the Sheriff of Adams County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ~~e.~~ Sheriff of Cumberland County, P A Affidavit of Service Now, October 18 ,20 05 ,at 4:14 o'clock P. M. served the within Complaint in Mortgage Foreclosure upon Kevin P. Kendig at 120 State Street, York Springs, PA by handing to Kevin P. Kendig a true & attested . copy of the original Coll1Plaint in Mortgage Foreclosur and made known to Kevin P. Kendig the contents thereof. So answers, Sworn and subscribed before me this _ day of N/A ,20 COSTS SERVICE :MILEAGE AFFIDAVIT $ 18.00 12.00 $ 30. 00 RI. 10/19/OS SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2005-05306 r COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND FARMERS AND MERCHANTS TRUST CO VS KENDIG KEVIN P ET AL R. Thomas Kline , Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: KENDIG KEVIN P but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of ADAMS County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On October 24th , 2005 , this office was in receipt of the attached return from ADAMS Sheriff's Costs: Docketing Out of County Surcharge Dep Adams County Postage 18.00 9.00 10.00 30.00 .37 67.37 10/24/2005 JAMES SMITH S::~~ R. Thomas Kline Sheriff of Cumberland County DIETTERICK CONNELL Sworn and subscribed to before me this day of A.D. Prothonotary , " IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMP ANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 05-5306 Civil vs. KEVIN P. KENDIG and NANCY E. KENDIG, Defendants. IMPORTANT NOTICE TO: Nancy E. Kendig 74 Kline Road Shippensburg, PAl 7257 DATE OF NOTICE: November 8, 2005 YOU ARE IN DEF AUL T BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMP ANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 05-5306 Civil vs. KEVIN P. KENDIG and NANCY E. KENDIG, Defendants. A VISa IMPORT ANTE A. Nancy E. Kendig FECHA DEL A VISO: November 8, 2005 USTED EST A EN REBELDIA PORQUE HA F ALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE A VISO, SE PUEDE DICT AR UN F ALLO EN CONTRA SUY A SIN LLEV ARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE DOCUMENTO INMEDIA T AMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE P AGAR UNO, VA Y A 0 LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, P A 17013 Phone (717) 249-3166 (800) 990-9108 DATE: ll/o/u{ BY: CONNELLY LLP S tt .-Bt PA 1.D. #556 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYL V ANlA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERS BURG, CIVIL DIVISION Plaintiff, NO.: 05-5306 Civil vs. KEVIN P. KENDIG and NANCY E. KENDIG, Defendants. IMPORTANT NOTICE TO: Kevin P. Kendig 120 State Street York Springs, PA 17372 DATE OF NOTICE: November 8, 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 YOUR 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. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMP ANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 05-5306 Civil vs. KEVIN P. KENDIG and NANCY E. KENDIG, Defendants. AVISO IMPORTANTE A. Kevin P. Kendig FECHA DEL A VISO: November 8, 2005 USTED EST A EN REBELDIA PORQUE HA F ALLADO DE TOMAR LA ACClON REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PROXIMOS DIEZ (10) DIAS DE LA FECHA DE ESTE A VISO, SE PUEDE DICT AR UN F ALLO EN CONTRA SUY A SIN LLEV ARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IMPORTANTES. USTED DEBE LLEV AR ESTE DOCUMENTO INMEDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO 0 NO PUEDE P AGAR UNO, VA Y A 0 LLAME LA OFlCINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR A YUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (717) 249-3166 (800) 990-9108 DATE: flll(u( BY: ott . Die ~ck, Esquire P A J.D. #55650 Attorneys for Plaintiff P.O. Box 650 Hershey, PA 17033 FIRST CLASS U.S. MAIL, POSTAGE PREPAID (717) 533-3280 p ~ c "]:J 1<-*,- t> ~ ~ ~ ~~~?- ~ ~ ~ "E ~-C -I- -. -L. ~ ;-; -'-~ "n . ., L" ~=1 \.; \ C'; (...;,) '-, ----- ~ '. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA FARMERS AND MERCHANTS TRUST COMPANY OF CHAMBERSBURG, CIVIL DIVISION Plaintiff, NO.: 05-5306 CIVIL vs. KEVIN P. KENDIG and NANCY E. KENDIG, Defendants. PRAECIPE TO SATISFY JUDGMENT TO THE PROTHONOTARY: Please mark the judgment filed at the above-captioned term and number satisfied. BY: Sco . Diett . k, Esquire P .D. #55650 Attorney for Plaintiff P.O. Box650 Hershey, PA 17033 (717) 533-3280 - .... g, ~, ~ i1~' Ie; ~ ~1i ~ ~ i