Loading...
HomeMy WebLinkAbout06-2163PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32221 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 133873 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 26149, VA 23261 RICHMOND, VA 23224-2243 V. RICKY L. PECK 220 PINE SCHOOL ROAD GARNDERS, PA 17324 Plaintiff Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. rr? - l `P3 CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 133873 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(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 OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 133973 Plaintiff is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 26149, VA 23261 RICHMOND, VA 23224-2243 2. The name(s) and last known address(es) of the Defendant(s) are: RICKY L. PECK 220 PINE SCHOOL ROAD GARNDERS, PA 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. On 11/21/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ADAMS COUNTY NATIONAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1740, Page: 1767. By Assignment of Mortgage recorded 02/04/02 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 684, Page 1952. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #'. 133973 6. The following amounts are due on the mortgage: Principal Balance $66,107.63 Interest 2,041.80 11/01/2005 through 04/13/2006 (Per Diem $12.45) Attorney's Fees 1,225.00 Cumulative Late Charges 252.89 11/21/2001 to 04/13/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 70,177.32 Escrow Credit 0.00 Deficit 2,387.42 Subtotal $ 2,387.42 TOTAL $ 72,564.74 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 72,564.74, together with interest from 04/13/2006 at the rate of $12.45 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LL/P t ? -vcfi/ - ???C?Gi-s•-s`R By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 133873 LEGAL DESCRIPTION ALL those two certain tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road, said point being opposite the wing wall of a concrete bridge; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, of which the described premises was a part, North 14 degrees 20 minutes West 150 feet to an iron pin; thence by the same, North 79 degrees 30 minutes East 285.5 feet to an iron pin; thence by the same, South 11 degrees 52 minutes East 150 feet to a point in the approximate center line of the aforesaid road; thence in said road, by a slight curve to the left, the chord of which measures South 79 degrees 15 minutes West 279 feet, to the Place of BEGINNING. CONTAINING.974 Acre. Tract No. 2: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road; thence by lands now or formerly of Guy L. Peck and Esther V. Peck, his wife, North 11 degrees 52 minutes West 150 feet to an iron pin; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, North 79 degrees 30 minutes East 100 feet to an iron pin; thence by the same, South 11 degrees East 154 feet to a point in the approximate center of the aforesaid road; thence in said road, South 82 degrees 20 minutes West 97.5 feet to the Place of BEGINNING. CONTAINING .34 Acre, more or less. TRACTS NO. 1 and 2 HAVING thereon erected a frame dwelling house known and numbered as R.D. #1, Box 241, Gardners, PA 17324. BEING THE SAME PREMISES which Harold O. Peck and Norma Peck, his wife, by Deed dated and recorded December 31, 1986 in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book 'K', Volume 32, Page 638 granted and conveyed unto Ricky L. Peck and Bonnie S. Peck, Grantors herein. PROPERTY BEING: 220 PINE SCHOOL ROAD File t#: 133873 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: ? 15 ?--J 4?'" ?. ? ,???? s` -? .; ,5 ??1 ? G ?? 6`' , , - ; . _, :. ;, s ? .? IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY SUNTRUST MORTGAGE, INC., CIVIL DIVISION Plaintiff Case No.: 06-2163 Civil vs. RICKY L. PECK, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge or information sufficient to form a belief regarding plaintiff's claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. NEW MATTER - AFFIRMATIVE DEFENSES The answering Defendant(s) will rely upon all of the following defenses: 2. Plaintiff's cause of action is in violation of the Fair Debt Collection Practices Act, 15 USC 1692-1692a. 3. Plaintiff's cause of action is barred in whole or in part by the doctrines of waiver and estoppel. 4. Plaintiff's cause of action has not been processed in a timely manner and is barred in whole or in part by the doctrine of laches. V WHEREFORE, the Defendant(s) pray(s) that Plaintiff's complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the Defendant(s) can bring the mortgage current. Frank E. Yourick, Jr.,`Lsq Attorney for Defendant(s) Pa. ID # 00245 P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 CERTIFICATE OF SERVICE I certify that on the 6th day of May, 2006, I served a copy of the Answer to Plaintiffs Complaint upon the following by US first class mail, postage prepaid: Janine Davey, Esquire Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 Frank E. Yourick, ° sq Attorney for Defendant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PAID No.: 00245 cn r-o 22 O ?_ l ? fT r - c:. _,.. - o ,. vn cn PHELAN HALLINAN SCHMIEG, LLP BY: Keri P. Claeys, Esquire Identification No.: 912 8 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Suntrust Mortgage, Inc. laintiff vs. Ricky L. Peck efendant REPLY TO Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-2163 Civil Plaintiff, Suntru t Mortgage, Inc., by its attorney, Keri P. Claeys, Esquire, hereby files the within Reply to New Matter o Defendant Ricky L. Peck and in support thereof states as follows: Plaintiff incorp ates herein by reference the averments of paragraphs one (1) through nine (9) of its Complaint as if set forth herein at length. 2. Denied. a averment of paragraph two (2) contain conclusion of law to which no response is necessary. way of further of response, the Plaintiff responded to the Defendant's Fair Debt Collection Pr ctices Act letter on June 5, 2006. A true and correct copy of the Letter is attached hereto made tot hereof and marked as Exhibit A. 3-4. Denied. fFhe averments of paragraphs three (3) and four (4) contains conclusions of law to which no response is necessary. WHEREFORE, Defendant as requested iff respectfully requests that the Court enter judgment in its favor and against Plaintiffs Complaint. Respectfully submitted, Date: -('0 NI b (I PHELAN HALLINAN & SCHMIEG, LLP BY: K P. Claeys, Esquire Attorney for Plaintiff EXHIBIT A 1• PNELf HALLIN. 2WSCHMI ?N AN EG Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 FAX: (215) 563-4491 Email: keri.claeysaa,fed he.com Keri P. Claeys, Esquire Litigation Department June 5, 2006 Frank E. Yourick, Jr., I P.O. Box 644 Murrysville, PA 15668 Re: Suntrust Mortgage, c. v. Ricky L. Peck Cumberland Coun CCP, No. 06-2163 Civil Dear Mr. Yourick: This letter is in resp verification of the validity o action. Please be advised th; April 13, 2006 at the rate of collectible under the mortga May 31, 2006. These amou the debt. Since the debt of tl monthly mortgage payment: Please also be advise County National Bank. Encl Kindly be advised th hour before a scheduled She up to date payoff figure or a (215) 563-7000. Please be a Ve r&Iaesquirre e ' KPC/nag Representing Lenders in Pennsylvania and New Jersey >nse to your request submitted to our office on May 8, 2006, for f the mortgage debt in the above-referenced mortgage foreclosure tt the Plaintiff, is seeking the sum of $72,564.74 plus interest from $12.45 per diem to the date of judgment, plus other costs and charges ge. I have enclosed a reinstatement and payoff figure good through its are due because of the default and the subsequent acceleration of e mortgage loan has been accelerated due to the default, regular will not be accepted unless the default is cured in its entirety. d that the original lender of the Defendant's mortgage was Adams )sed is a copy of the Defendant's mortgage. it the Defendant has the right to bring his loan current up until one riffs Sale, in order to avoid foreclosure. In order to obtain either an -einstatement quote, you must contact Ray Begley of our office at wised that our office is proceeding with the foreclosure action. * Please be advised that this firm is a ebt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously recei ad a discharge in banlauptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. 1Ah4hj' T HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolution(d?fdphe.com Foreclosure Resolution ept. Representing Lenders in Pennsylvania & New Jersey REI NSTATF.MF,NT FI(.ITRF. NAME: PE CK, RICKY L. LOAN # 0139648851 DATE: 5/12/06 GOOD THRU 5/31/06 Total Payment Amount $4,804.08 Late Charges $298.87 NSF Fees $20.00 $55.80 Attorney Costs $467.50 Attorney Fees $975.00 TOTAL $6,621.25 ALL FUNDS MUST BE IN CERT please be advised that this firm is a debt collector attemptii debt was not teaffimted, this correspondence is not and she As of the date of this communication, you owe the amount be greater. Hence, if you pay the amount shown above, an collection. For further information, write the undersigned, If this is the first notice that you have received from this o receipt of this letter, this firm will obtain and provide you original creditor ifdifferent from above. :FIED FORM MADE PAYABLE TO YOUR MORTGAGE CO. I to collect a debt. Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this ild not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. pecified. Because of interest, late charges, and other charges that may vary from day today, the amount due on the day you pay may djustment maybe necessary after we receive your check, in which event we will inform you before depositing the check for r call (215) 563-7000 and ask for the Foreclosure Resolution Department. five, be advised that: You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of written verification thereof, otherwise, the debt will be assumed to be valid. Irkewise, you may request the name and address of the I Foreclosure Resolution 4 HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolution(a),fed hn e.com Dept. Representing Lenders in Pennsylvania & New Jersey PAYOFF Fire-ITRF. NAME: P CK, RICKY L. LOAN # 0139648851 DATE: 5/12/06 GOOD THRU 5/31/06 Principal Balance $663,107.63 Late Charges $298.87 NSF Fees $20.00 Property Inspections $55.80 Interest $2,645.99 Escrow Advance $4,039.65 Recording Fee $27.00 Attorney Costs $467.50 Attorney Fees $975.00 TOTAL $74,637.44 ALL FUNDS MUST BE IN CERptIED FORM MADE PAYABLE TO YOUR MORTGAGE CO. Please be advised that this firm is a debt collector attem g to collect a debt. Any information received will be used for that purpose. If you have received a discharge in bankruptcy, and this debt was not n affttmed, this correspondence is not and old not be construed to bean attempt to collect a debt, but only enforcement of a hers against property. As of the date of this communication, you owe the amoun specified. Because of interest, late charges, and other charges that may vary from day today, the amount due on the day you pay may be greater. Hence, if you pay the amount shown above, adjustment maybe necessary after we receive your check, in which event we will inform you before depositing the chock for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department. If this is the first notice that you have received lium this ffice, be advised dud: You may dispute the validity of the debt or any portion thereof. If you do so in writing within thirty (30) days of receipt of this letter, this firm will obtain and provide yot written verification thereof, otherwise, the debt will be assumed to be valid. likewise, you may request the name and address of the original creditor if different from above. Y . a.: u c_.kc w-r After Recording Return To: ADAMS COUNTY NATIONAL 675 OLD HARRISBURG ROA1 GETTYSBURG, PA 17325 LOAN NO.: - I?L R f?R DEEDS O1NOV2B P1 C- [Space Above This Lim For Recor&V Data] MORTGAGE DEFINITIONS Words used in multiple sect 11, 13, 18, 20 and 21. Cer Section 16. (A) "Security Instrument" together with all Riders to tl (B) "Borrower" is RICKY L PECK of this document are defined below and other words are defined in Sections 3, rules regarding the usage of words used in this document are also provided in Bans this document, which is dated NOVEMBER 21, 2001 document. Borrower is the mortgagor u er this Security Instrument. (C) "Lender" is ADAMS 'COUNTY NATIONAL BANK Lender is a CORPORATI( organized and existing under Lender's address is 675 Of GETTYSBURG, PA 17325 Lender is the mortgagee unde (D) "Note" means the promi: The Note states that Borrower SEVENTY THOUSAND AN Dollars (U.S. $ 70,000. Periodic Payments and to pay (E) "Property" means the I Property." (F) "Loan" means the debt e under the Note, and all sums ( laws of THE COMMONWEALTH OF PENNSYLVANIA HARRISBURG ROAD this Security Instrument. lory note signed by Borrower and dated NOVEMBER 21, 2001 owes Lender D 00/100 ) plus interest. Borrower has promised to pay this debt in regular debt in full not later than DECEMBER 1, 2031 erty that is described below under the heading "Transfer of Rights in the :need by the Note, plus interest, any prepayment charges and late charges due under this Security Instrument, plus interest. PENNSYLVANIA - Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 Laser Forms Inc. (800) 446-3555 ??`, ' LFI aFNMA3039 1/01 (A) Page 1 of 14 Initials: ?40 v 1707 ' s .• `a (G) "Riders" means all Ri ers to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider F-1 Condominium Rider Q Second Home Rider Q Balloon Rider Q Planned Unit Development Rider Q 1-4 Family Rider Q Biweekly Payment Rid Jr F-1 V.A. Rider Other(s) [specify] (11) "Applicable Law" m .ans all controlling applicable federal, state and local statutes, regulations, ordinances and administrate a rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opine ns. (1) "Community Associatio n Dues, Fees, and Assessments" means all dues., fees, -assessments and other charges that are imposed on orrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Tra fer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper ins ent, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape as to order, instruct, or authorize a financial institution to debit or credit an account. Such term inclu , but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiate I by telephone, wire transfers, and automated clearinghouse transfers. (P "Escrow Items" means ose items that are described in Section 3. (L) "Miscellaneous Proceec " means any compensation, settlement, award of damages, or proceeds paid by any third party (other than ' urance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Pr perty; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of cond mnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. M "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (l) "Periodic Payment" m s the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts der Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C.$2601 et seq.) and its implementing regulation, Reg ulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successo r legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESP " refers to. all requirements and restrictions that are imposed in regard to a "federally related mortgage . an" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest o Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrow er's obligations under the Note and/or this Security Instrument. PENNSYLVANIA - Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039.1 /01 Laser Forms Inc. 18001 446-3555 + J n LFI SFNMA3039 1/01 Page 2 of 14 Initials: _? -6 )t9 8 1 71-; 0P) 1 76$ This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby 'mortgage, grant and convey to Lender the following descrited property located in the COUNTY of CUMBERLAND (Type of Plecordiria Jurisdctionl (Name of Recor(fing Jurisdiction) SOUTH MIDDLETON which currently has the. addr s of 220 PINE SCHOOL ROAD GARDNERS Pennsylvania 17324 (Street) (city) (zip codel ("Property Address"): TOGETHER WITH all a improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures ow or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property:" BORROWER COVEN TS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant d convey the Property and that the Property is unencumbered, except for encumbrances of record. rrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INS UMENT combines uniform covenants for national use and non-uniform covenants with limited vari tions by jurisdiction to constitute a uniform security instrument covering real property. PENNSYLVANIA - Single Famil - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form.3039.1 /01 Laser Fomm Inc. (800) 446-3555 2 LFI #FNMA3039 1/01 Page 3 of 14 Initials: Bf174` J7 9 4 UNIFORM COVENA S. Borrower and Lender covenant and agree as follows: 1. Payment of Principa , Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the p ' cipal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges du under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due der the Note and this Security Instrument shall be made in U.S. currency. However, if any check or o er instrument received by Lender as payment under the Note or this Security Instrument is returned to Le der unpaid, Lender may require that any or all subsequent payments due under the Note and this Security trument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; ( certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Fun Transfer. Payments are deemed rmemived by Lender when received at the. location designated in the Note or at such other location as may be desi mated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or artial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may ccept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights ereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not bligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold su unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so wit a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not app 'ed earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall lieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Paym is or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Len r shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the rder in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and n as described in the Note. Any application of payme ts, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or pos ne the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow It is. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is pa in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and o der items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Bo wer to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provision; of Section 10. These items are called "Escrow Items." At origination or at any time during the term of he Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escro ed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly fu ' h to Lender all notices of amounts to be paid under this Section. Borrower PENNSYLVANIA - Single Family - Annie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 ' Laser Forms Inc. (800) 446-3555 ' 12 LFI aFNMA3039 1/01 Page 4 of 14 Initials: 4 SKI74VOGI77tI shall pay Lender the Funds or Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. y such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when an i where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by nder and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time riod as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase " venant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, purs ant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its ri is under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to ender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a noti given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and such amounts, that are then required under this Section 3. Lender may, at any time collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified der RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender sh estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of ture Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held ' an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, 'f Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall ply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not c b arge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Es crow Items, unless Lender pays Borrower interest on the Funds and Applicable. Law permits Lender to mal e such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borr ower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give t Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Fu nds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in acco rdance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make p the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a defi iency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by R PA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by nder. 4. Charges; Liens. Bor wer shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can atm in priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Co mmunity Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writ' g to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as rrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement f the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while ose proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder f the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Len r determines that any part of the Property is subject to a lien which can attain priority over this Security I trument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which t at notice is given, Borrower shall satisfy the lien or take one or more of the PENNSYLVANIA - Single Family Form:3039.1/01: Laser Forms Inc. (800) 446-3555 LA #FNMA3039 1/01 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page 5 of 14 Initials.. . L, A BK 17 4 t- PG 17 71 i actions set forth above in th' Section 4. Lender may require Bo ower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in c ection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against to by fire, hazards included within the term "extended coverage," and any other hazards including, but not united to, earthquakes and floods, for which Lender requires insurance. This insurance shall be. maintain in the amounts (including deductible levels) and for the periods that Lender requires. What Lender req res pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier prov ing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choi , which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b a one-time charge for flood zone determination and certification services and subsequent charges each a remappings or similar changes occur which reasonably might affect such determination or certificatio . Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Manage ent Agency in connection with the review of any flood zone determination resulting from an objection b Borrower. If Borrower fails to main ain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borro wer's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Theref re, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Pr perry, or the contents of the Property, against any risk, hazard or liability and might provide greater or les r coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amour disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Sec . 'ty Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies r fired by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, hall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss p yee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower sh 1 promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form f insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additi onal loss payee. In the event of loss, Borr ower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not a promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance p , whether or not the underlying insurance was required by, Lender, shall be applied to restoration or re 'r of the Property, if the restoration or repair is economically feasible and Lender's security is not les ed. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds ntil Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lend is satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceed for the repairs and restoration in a single payment or in a series of progress payments as the work is co pleted. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such i urance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. F for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance pro and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or nder's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Sec urity Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance pro ceeds shall be applied in the order provided for in Section 2. If Borrower abandons the P roperty, Lender may file, negotiate and settle any available insurance claim and PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form, 3039. 1 /01. ; Laser Foans Inc. (800) 446-3555 r LFI tFNMA3039 1/01 Page 6 of 14 Initials: on 1 74 F,;1 7 72 related matters. If Borro r does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is iven. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower here assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts aid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right t any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, inso as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds eithe to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whethe or not then due. 6. Occupancy. Borro er shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the ex tion of this Security Instrument and shall continue to occupy the Property as Borrower's principal reside ice • for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which co t shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower' control. 7. Preservation, Main enance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair a Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is esiding in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriora g or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or resto ation is not economically feasible, Borrower shalt promptly repair the Property if damaged to avoid further eterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only i Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restorat on in a single payment or in a series of progress payments as the work is completed. If the insuran or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of rrower's obligation for the completion of such repair or restoration. Lender or its agent may a reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect a interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan A lication. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially fals , misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representa tions concerning Borrower's occupancy of the Property as Borrower's princi al p t'd res ence. 9. Protection of Lender Borrower fails to perform th legal proceeding that might Security Instrument (such a enforcement of a lien whi( regulations), or (c) Borrowe reasonable or appropriate to F including protecting and/or a Lender's actions can include, over this Security Instrument interest in the Property and bankruptcy proceeding. Secu repairs, change locks, replace other code violations or dang action under this Section 9, L PENNSYLVANIA - Single Family Form:3039 1/01 •. Laser Forms Inc. (8001446-3555 LFI #FNMA3039 1/01 s Interest in the Property and Rights Under this Security Instrument. If (a) covenants and agreements contained in this Security Instrument, (b) there is a significantly affect Lender's interest in the Property and/or rights under this a proceeding in bankruptcy, probate, for condemnation or forfeiture, for t may attain priority over this Security Instrument or to enforce laws or has abandoned the Property, then Lender may do and pay for whatever is otect Lender's interest in the Property and rights under this Security Instrument, -sensing the value of the Property, and securing and/or repairing the Property. but are not limited to: (a) paying any sums secured by a lien which has priority (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its )r rights under this Security Instrument, including its secured position in a ing the Property includes, but is not limited to, entering the Property to make or board up doors and windows, drain water from pipes, eliminate building or rous conditions, and have utilities turned on or off. Although Lender may take nder does not have to do so and is not under any duty or obligation to do so. It Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page 7 of 14 Initials: B 174 0;'1,17 7 3 is agreed that Lender incur no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrum nt is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title o the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insuran . If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the pre sums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance cove ge required by Lender ceases to be available from the mortgage insurer that previously provided such nsurance and Borrower was required to make separately designated payments toward the premiums for ortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to a Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the M rtgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially uivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amou of the separately designated payments that were due when the insurance coverage ceased to be in effect. Len er will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, d Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender requ' ed Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance rei burses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not r pay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evalu to their total risk on all such insurance in force from time to time, and may enter into agreements with other arties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that a -e satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreeme is may require the mortgage insurer to make payments using any source of funds that the mortgage insurer y have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these ag ments, Lender, any purchaser of the Note, another insurer, any remsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the rtgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a hare of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is o ten termed "captive reinsurance." Further: (a) Any such agreemen will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other to s of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insuran , and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to recei a certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mo age Insurance terminated automatically, and/or to receive a refund of any PENNSYLVANIA - Single Family Form 3039 1/01 Laser Forrns Inc. (800) 446-3555 LFI #FNMA3039 1/01 - Fannie Mae/Fredclie Mac UNIFORM INSTRUMENT Page 8 of 14 Initials: ?I k12 8KI740PUG1774 or modification of amorti on of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor i Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest' of B rrower. Lender shall not be required to commence proceedings against any Successor in Interest of Bo wer or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Sec urity Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Bo ower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several lability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obli rations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrur writ but does not execute the Note (a "co-signer"): (a) is co-signing this Security instrument only to mortgage grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is t personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and other Borrower can agree to extend, modify, forbear or make any accommodations with regar to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Secu rity Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and ben efits under this Security Instrument. Borrower shall not be released from Borrower's obligations and iability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successor and assigns of Lender. 14. Loan Charges. U nder may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, incl ' g, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the sence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be cons ed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by is Security Instrument or by Applicable Law. If the Loan is subject to law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan ch ges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such to charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Len r may choose to make this refund by reducing the principal owed under the Note or by making a direct paym t to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without y prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's accet tance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All noti given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice t Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower wh n mailed by first class mail or when actually delivered to Borrower's notice address if sent by other me s. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly m quires otherwise. The notice address shall be the Property Address unless Borrower has designated a s ubstitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice ad dress under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another addre; s by notice to Borrower. Any notice in connection with this Security Instrument PENNSYLVANIA - Single Family Fannie Mae/Fredd'ie Mac UNIFORM INSTRUMENT Form 3039 1/01 ? _. - . 3 r `a s Laser Forms Inc. (800) 446-3555 LFI IFNMA3039 1/01 Page 10 of 14 Initials: EK 1 740p? 1 776 r A sale might result in a ch due under the Note and th" ange in the entity (known as the "Loan Servicer") that collects Periodic Payments Security Instrument and performs other mortgage loan servici bli the Note, this Security Ins ng o gations under trument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to given written notice of the c a sale of the Note. If there is a change of the Loan Servicer, Borrower will be hange which will state the name and address of the new Loan S i to which payments should transfer of servicing. If th erv cer, the address made and any other information RESPA requires in connection with a notice of Note is sold and thereafter the L i i purchaser of the Note, the oan s serv ced by a Loan Servicer other than the rtgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a su provided by the Note purr sor Loan Servicer and are not assumed by the Note purchaser unless otherwise r Neither Borrower nor individual litigant or the . nder may commence, join, or be joined to any judicial action (as either an r of a class) that arises from the other party's actions u t hi Instrument or that alleges p rsuan to t s Security at the other party has breached any provision of, or. any duty owed by reason of this Security Instrument, un compliance with the requi , it such Borrower or Lender has. notified the other party (with such notice given in nts of Section 15) of such alleged breach and afforded the th reasonable period after the o er party hereto a iving of such notice to take corrective action. If Applicable Law provides a time period which must elapse W for purposes of this paragrap ore certain action can be taken, that time period will be deemed to be reasonable h. The notice of acceleration and opportunity to cure given to Borrower to Section 22 and the noti pursuant of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and oppo ty to take corrective action provisions of this Section 20 21. Hazardous Substa defined as toxic or hazardo . es. As used in this Section 21: (a) "Hazardous Substances" are those substances is substances, pollutants, or wastes by Environmental Law and the followin substances: gasoline, kerosei volatile solvents, materials g e, other flammable or toxic petroleum products, toxic pesticides and herbicides, ntaining asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law means federal laws an i laws of the jurisdiction where the Property is located that relate to health safety " or env ronmental protection; removal action, as defined ' , (c) Environmental Cleanup" includes any response action, remedial action, or Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not caul Substances, or threaten to re or permit the presence, use, disposal, storage, or release of any Hazardous ease any Hazardous Subst nor allow anyone else to do, ances, on or in the Property. Borrower shall not do, ything affecting the Property (a) that is in violation of any Environmental Law (b) which creates an Envir Hazardous Substance, creates , amental Condition, or (c) which, due to the presence, use, or release of a a condition that adversely affects the value of th P sentences shall not apply to Substances that are generally e roperty. The preceding two a presence, use, or storage on the Property of small quantities of Hazardous recognized to be appropriate to normal residential uses and to i Property (including, but not 1 ma ntenance of the 'ted to, hazardous substances in consumer products). Borrower shall promptly other action by any govertir give Lender written notice of (a) any investigation, claim, demand, lawsuit or ntal or regulatory agency or private art i l i Hazardous Substance or Envir p y nvo v ng the Property and any onmental Law of which Borrower has actual knowledge (b) any Environmental Condition, including but not Hazardous Substance, and (c) , limited to, any spilling, leaking, discharge, release or threat of release of any any condition caused by the resence us l which adversely affects the v p , e or re ease of a Hazardous Substance ue of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any p affecting the Pro ert is nece rivate party, that any removal or other remediation of any Hazardous Substance B p y s with Environmental Law. N sary, orrower shall promptly take all necessary remedial actions in accordance othing herein shall create any obligation on Lender for an Environmental Cleanup. PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Forfn 3039 1/01 , Laser Forms Inc. (8001446-3555 LFI IFNMA3039 1/01 Page 12 of 14 ,.r Initials: 6K 174 Opp 1778 ?.Y 4 22. Acceleration; Ren Borrower's breach of as acceleration under Section of, among other things: (a must be cured; and (d) tha secured by this Security h shall further inform Born foreclosure proceeding the and foreclosure. If the de payment in full of all su foreclose this Security Inst incurred in pursuing the r fees and costs of title evidel 23. Release. Upon pay the estate conveyed shall ten this Security Instrument. Bc releasing this Security Instn charging of the fee is permit) 24. Waivers. Borrower defects in proceedings to en future laws providing for sta homestead exemption. 25. Reinstatement Perh prior to the commencement o 26. Purchase Money A Borrower to acquire title to tl 27. Interest Rate After entered on the Note or in an the Note. PENNSYLVANIA - Single Family • Form 3039110.1, Laser Forms Inc. (800) 446-3555 LFI #FNMA3039 1/01 3NANTS. Borrower and Lender further covenant and agree as follows: (edies. Lender shall give notice to Borrower prior to acceleration following y covenant or agreement in this Security Instrument (but not prior to IS unless Applicable Law provides otherwise). Lender shall notify Borrower the default; (b) the action required to cure the default; (c) when the default t failure to cure the default as specified may result in acceleration of the sums strument, foreclosure by judicial proceeding and sale of the Property. Lender ?wer of the right to reinstate after acceleration and the right to assert in the non-existence of a default or any other defense of Borrower to acceleration Fault is not cured as specified, Lender at its option may require immediate ns secured by this Security Instrument without further demand and may rument by judicial proceeding. Lender shall be entitled to collect all expenses unedies provided in this Section 22, including, but not limited to, attorneys' ice to the extent permitted by Applicable Law. nent of all sums secured by this Security Instrument, this Security Instrument and ainate and become void. After such occurrence, Lender shall discharge and satisfy rrower shall pay any recordation costs. Lender may charge Borrower a fee for ment, but only if the fee is paid to a third party for services rendered and the ed under Applicable Law. to the extent permitted by Applicable Law, waives and releases any error or force this Security Instrument, and hereby waives the benefit of any present or (.of execution, extension of time, exemption from attachment, levy and sale, and d. Borrower's time to reinstate provided in Section 19 shall extend to one hour r bidding at a sheriff's sale or other sale pursuant to this Security Instrument. lortgage. If any of the debt secured by this Security Instrument is lent to e Property, this Security Instrument shall be a purchase money mortgage. Judgment. Borrower agrees that the interest rate payable after a judgment is action of mortgage foreclosure shall be the rate payable from time to time under Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Page 13 of 14+ Initials: SKI741 0H1779. BY SIGNING BELOW Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Ride executed by Borrower and recorded with it. Witnesses: W-2 (Seal) RIC L PECK -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower [Space Below This Lim For Admowledgmerdl Certificate of Residence I, 01 'V"cEv y P v , ?'S?SV rt1r°' do hereby certify that the correct address of the within-named Lender V 67 OLD HARRISBURG ROAD, GETTYSBURG, PA 17325 Witness my hand this e (fY, day of Avtlr , 20 joa Agent of Mort gee COMMONWEALTH OF FENNSYLVANIA, Cumberland County ss: On this, the 21 St day f Nov. 2001 , before me a notary public > the undersigned officer, personally appeared --------------------------------- RICKY L PECK known to me (or instrument and ack IN WITNESS My Commission expires: PENNSYLVANIA - Single Family Form 3039 1 /01. _ - Laser Forms Inc. (800) 446-3555 LF! sFNMA3039 1/01 ay proven) to be the person whose name(s) is/are subscribed to the within that he/she/they executed the same for the purposes herein contained. I hereunto set my hand and official seal. (n?w fh,4 'G07J . ? . ?O? / / i11eLi? ? ? ?_ ter. •.. _ r NOTARIAL SEAL' a t °' MARJORIE A. DeWCA, Notary Putt South Middleton Twp., Cumberland Co: My Commission EYp;rvs Nov. 1 2 4r ,# s? , .a Fannie Mae/Fredclie Mac UNIFORM INSTRUMENT F r Page 14 of 14 8K I 740PG 1780 `V 4 ' D 1 LEGAL DESCRIPTION ALL those two cerWn rraets of 1 Pennsylvania. bounded and des( x x a_ 11 BEGINNING at 7rom Hunters Run to d- pxfol bridge; themes: by lands now or of which the described Prernuc iron pin; the-- by the I-'- N< i' by the carne, South 11. a degrees tblerb= road; of the r"Isaid mcv~ure, South 79 dcgraes BEGINNING at from Hunters Run to the c fo Esther V. Peck. his wife, Nort lands now or torrnerly, of Will 30 minutes Fast 100 feet to an a point in the approximate ec 20 -minutes West 97.5 feet to Being the same pre Peck, his wife, by March 18, 1996 in and for Cumberland Page 256 granted a herein. and siumte in South Middicton TownshiP: Ctamixrland County. ribed as follows: w ?gpublic road leading point in the approximate ectter or the nt n-- the ..call of a concrete i Road. said poi g opPosr formerty of Wilmer x. Woif and Mildred M, Woit, his wife. was a part. North 14 dcgrc- 20 tainutcs West 1510 i?thence q1h 79 degrees 30 minutes F=1283_5 feet to'?npceriter lira 2 minutes lest 1510 feet to a point in the aPpro i said road, by a slight carve to the left. thoet and ofKWG S minutes West 27'9 feet, to the Ply point in the approximate center line of th of pCwy ublic L-ad leading Road: thence by lands raow or formerly m,Peck ? by 1.1 degrees 52 tninutm West 150 feet to an iron ? r H. Wolf and Mildred M. Wolf. his wife, North 79? frzt ttsio an pin: thence by the aamc, South 11 deaeCS East r of the aforesaid toad: thence in said toad. South 8Z degrcrs e Plana of BEGINNIN(3. .ses which Ricky L. Peck and Bonnie S. )eed dated March 13, 1996 and recorded 1e office of the Recorder of Deeds, in :ounty, Pennsylvania in Deed Book 136, 1 conveyed unto Ricky .L. Peck, Mortgagor Bill I Certify this to be recorded In Cumberland County P.A Recorder of Deeds 40P? 178 1 VERIFICATION Keri P. Claeys, is authorized to make are true and correct to hereby states that she is the attorney for the Plaintiff in this action, that she verification, and that the statements made in the foregoing Reply to New Matter best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unswo falsifications to authorities. Date: 61w BY: PHELAN HALLINAN & SCHMIEG, LLP Keri P. Claeys`Esqui. Attorney for Plaintiff One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 i - C? - r ra PHELAN HALLINAN & SCHMIEG, LLP BY: Keri P. Claeys, Esquire Identification No.: 912)8 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff Court of Common Pleas Suntrust Mortgage, Inc. laintiff Civil Division VS. Cumberland County Ricky L. Peck ? No. 06-2163 Civil efendant i CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiff's Reply to Defendant's New Matter was sent via first class mail to the p on listed below on the date indicated: Frank E. Yourick, Jr., Es6re P.O. Box 644 Murrysville, PA 15668 Date: Keri P. Claeys, Esquire Attorney for Plaintiff r -.D ??r? SHERIFF'S RETURN - REGULAR CASE NO: 2006-02163 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SUNTRUST MORTGAGE INC VS RICKY L JASON VIORAL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon PECK the DEFENDANT , at 1535:00 HOURS, on the 21st day of April 2006 at 220 PINE SCHOOL ROAD GARDNERS, PA 17324 by handing to RICKY PECK 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 18.00 Service 17.60 Affidavit .00 Surcharge 10.00 .00 45.60 Sworn and Subscribed to before me this day of A. D. So Answers: ?P*? k?? R. Thomas Kline 04/25/2006 PHELAN HALLINAN SCHMIEG By: Prothonotary PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. --------------------------------------------------------------------------------------------------------------------- Suntrust Mortgage, Inc. (Plaintiff) vs. Ricky L. Peck (Defendant) No.06 Civil Term 2163 1. State matter to be argued (i.e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiff's Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Keri P. Claeys, Esquire Address: Phelan Hallinan & Schmieg, LLP One Penn Center at Suburban Station 1617 J.F.K Blvd, Suite 1400 Philadelphia, PA 19103 (b) for defendant: Frank E. Yourick, Esquire Address: P.O. Box 644 Murrysville, PA 15668 3. I will notify all parties in writing within two days that this case has been listed for argument. 4. Argument Court Date: September 6, 2006 Date: , /P/Claeys., Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP By: KERI P. CLAEYS, ESQUIRE Identification No. 91298 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Suntrust Mortgage, Inc. 1001 Semmes Avenue P.O. Box 26149, VA 23261 Richmond, VA 23224-2243 Plaintiff VS. Ricky L. Peck 220 Pine School Road Garnders, PA 17324 Defendant Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 06-2163 CIVIL Plaintiff respectfully requests that the Court enter an Order granting summary judgment in its favor in the above-captioned matter and in support thereof avers as follows: There are no material issues of fact in dispute. 2. Plaintiff is seeking only an in rem judgment in this mortgage foreclosure action. Defendant, Ricky L. Peck, has filed an Answer to the Complaint in which he has effectively admitted all of the allegations of the Complaint, as is further addressed in Plaintiffs attached Brief. 4. In his Answer, Defendant generally denies paragraphs five and six of the Complaint, which aver the default and the amounts due on the Mortgage. True and correct copies of Plaintiffs Mortgage Foreclosure Complaint, Defendant's Answer and New Matter, and Plaintiffs Reply to New Matter are attached hereto, incorporated herein by reference, and marked as Exhibits C, D, and E, respectively. 5. Defendant has failed to sustain his burden of presenting facts, which contradict the averments of Plaintiffs Complaint. 6. Defendant executed the Mortgage promising to repay the loan on a monthly basis. A true and correct copy of the Mortgage, which is recorded in the Office of the Recorder of Cumberland County in Mortgage Book No. 1740, Page 1767, is attached hereto, made part hereof, and marked Exhibit A. A true and correct copy of the Note is also attached hereto, made part hereof, and marked Exhibit Al. By Assignment of Mortgage recorded February 4, 2002, the Mortgage was assigned to Suntrust Mortgage, Inc., which Assignment is recorded in Assignment of Mortgage Book No. 684, Page 1952. A true and correct copy of the Assignment to Suntrust Mortgage, Inc. is attached hereto, incorporated herein by reference, and marked as Exhibit A2. The Mortgage is due for the December 1, 2005 payment, a period in excess of seven months. An Affidavit confirming the default and the amount of the debt is attached hereto, incorporated herein by reference, and marked as Exhibit B. 9. The notice provisions of Act 6 of 1974 do not apply to this action because the original Mortgage amount exceeds $50,000.00, as is further addressed in Plaintiffs attached Brief. Nevertheless, Plaintiff sent Defendant a letter notifying him of his default and of Plaintiffs intent to foreclose. A true and correct copy of the letter is attached hereto, made part hereof, and marked Exhibit F. 10. The Temporary Stay as provided by the Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983, has terminated because Defendant has failed to meet with an authorized credit- counseling agency in accordance with Plaintiffs written notice to Defendant. A true and correct copy of the Notice of Homeowner's Emergency Mortgage Assistance Program is attached hereto, made part hereof, and marked Exhibit F. 11. Plaintiff submits that its request for attorney's fees for preparing and prosecuting its foreclosure action, executing on its anticipated judgment, listing the property for Sheriffs Sale, and ensuring the conveyance of clear title is reasonable. Plaintiff will address this issue further in its attached Brief 12. Defendant has the right to reinstate and / or payoff the loan up until one hour before a scheduled Sheriffs Sale. WHEREFORE, Plaintiff respectfully requests that an in rem judgment be entered in its favor for the amount due plus interest and costs as prayed for in the Complaint, for foreclosure and sale of the mortgaged property. Date: Respectful sub pi5V, PHELA H & SCHMIEG, LLP ri P. aeys, Esquire Attorney for Plaintiff EXHIBIT A t j -EoofjDA tF DEEDS i;UMBERLA 01 NOV 28 PM l 5 After Recording Return To: ADAMS COUNTY NATIONAL BANK 675 OLD HARRISBURG ROAD GETTYSBURG, PA 17325 LOAN O.: 0139648851 [space Above ? Lim r-w °aaI MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means.this document, which is dated NOVEMBER 21, 2001 together with all Riders to this document. (B) "Borrower" is RICKY L PECK Borrower is the mortgagor under this Security Instrument. (C) "Lender" is ADAMS COUNTY NATIONAL BANK Lender is a CORPORATION organized and existing under the laws of THE COMMONWEALTH OF PENNSYLVANIA Lender's address is 675 OLD HARRISBURG ROAD GETTYSBURG, PA 17325 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated NOVEMBER 21, 2001 The Note states that Borrower owes Lender SEVENTY THOUSAND AND 00/100 Dollars (U.S. $ 70,000,00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than DECEMBER 1, 2031 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 Laser Forms Inc. 18001 446-3555 LFI #FNMA3039 1/01 (A) Page 1 of 14 Initials: BK 1 74 r- 17 67 a •.y I (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Q Adjustable Rate Rider Q Condominium Rider Second Home Rider [-1 Balloon Rider F-1 Planned Unit Development Rider 1-4 Family Rider [] Biweekly Payment Rider Q V.A. Rider Other(s) [specify] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (U "Community Association Dues, Fees, and Assessments" means all Clues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (.n "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (1) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA", refers to. all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. PENNSYLVANIA - Single Family.- Fannie Mae/Freddie Mae UNIFORM INSTRUMENT ; Form. 3039 ,110.1 Laser Fonm Inc. (800) 446-3555 LFI iFNMA3039 1/01 Page 2 of 14 Initials: -?= 4 -, 1 768 U11 4UF3 TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (H) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby* mortgage, grant and convey to Lender the following described property located in the COUNTY of CUMBERLAND (Type of Recording J-csctioel [Name of Recording Jurisdiction) SOUTH MIDDLETON TOWNSHIP which currently has the address of 220 PINE SCHOOL ROAD Istreetl GARDNERS , Pennsylvania 17324 (city] (Zip Code] (Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and futures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the .Property.." BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. PENNSYLVANIA - Single Family-Fannie Mae/Fredae Mac UNIFORM INSTRUMENT Form-30391/09.: = (; Laser F-M Inc. (8001446-3555 LF1 #FNMA3039 1/01 Page 3 of 14 Initials: 12 BK 17 c?P6176 9 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the. location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any, (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1 /01 ` Laser Forms Mc. (800) 446-3555 LF1 #FNMA3039 1/01 Page 4 of 14 Initials: Du 1740PG 177 4 i shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Leader may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent than these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form:3039 1/01 Laser Forms Inc. 18001 446-3555 / LFI 3FNMA3039 1/01 Page 5 of 14 Initials: Lt ??{17;0'o#77l l actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be. maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might . affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying .insurance was required by_ Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form .3Q3, 9.,/Oa; Laser Forms Inc. 1800) 446-3555 LFI /FNMA3039 1/01 Page 6 of 14 Initials: DI/ A 174 Up- 61772 related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence4or at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form3039 ,1/01 Laser Forms Inc. (800) 446-3555 LFI #FNMA3039 1/01 Page 7 of 14 Initials: • 6# 17 U Via 17-7 3 is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form:30391 /01 Laser Forms Inc. (800) 446-3555 ' ' LFI OFNMA3039 1/01 Page 8 of 14 Initials: ? Q BK 1740H 1774 'a :t or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest` of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may. be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 Laser Forms inc. (8001446-3555 LFI YFNMA3039 1/01 Page 10 of 14 Initials: Lr ' Dl/ 174 CRDA 1776 A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note. purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has. notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any .response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation,, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. PENNSYLVANIA - Single Family - Fannie Mae/Fre"e Mac UNIFORM INSTRUMENT Fwf?.3939:.t/l)1 / „•; < Laser Forms Inc. (8001446-3555 LFI #FNMA3039 1/01 Page 12 of 14 Initials: h, oilI740 1778 NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specked may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the. Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. - PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039,1101. _ . y. , Laser Forms Inc. (800) 446-3555 LFI #FNMA3039 1/01 Page 13 of 14 Initials: BK 1 740pG 1779 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: (Seal) RIC L PECK -Bonower . (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower [Space Below This Line For Acknowledgment] Certificate of Residence I, 4I mo o, y -4• Pe ? ?Col &:rfuI Ir do hereby certify that the correct address of the within-named Lender is 675 OLD HARRISBURG ROAD, GETTYSBURG, PA 17325 Witness my hand this e (.fj4, day of ltvv, , 20 m Agent of Mort agee COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss: On this, the 21 S t day of Nov. , 2001 , before me a notary public , the undersigned officer, personally appeared ---------------------------------- RICKY L PECK known to me (or satisfactorily proven) to be the person whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission expires: ZJ? 020a3 NOTARIAL SEAL MARJORIE A. DeLUCA, Nota South Middleton Twp., Cumbei My Commission Expires Nov. PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391101 . Y s ., 1 Laser Foans Inc. 18001 446-3555 W #FNMA3039 1101 Page 14 of 14 '' € IJofia?Y d.r?Y 7 Z`s4f1:', i p, ,s x BKI740 UG 1780 F? i r LEGAL DESCRIPTION ALL those two certain tracts of land situate in South Middiclon Towttsltip: Cumberland County. Pemtsylvatnia. bounded and described as fells tmate cotter line of the Public road lording Trim Nn_ 1 •. BEGINNING at a point in the rag opposites the wing wail of a concrete from Hunttrs Run to the o or Read,of Wilmer H. Wolf a,d Mildr-d M. Woif, his wife. bridge: thanes by lands now or formerly North 14 degrees 20 minutes West 15a tees to art of which the described premssa ' a per. thence n- thence I the sattfta, North W degrees 30 minutes Fist .8. t feet to 2Ln ximWe t«n.nter line iron p; r F? 150 te:ei to a point in the appro by the saine. South 1 k dcgrc= 52 minutes road, by a slight curv e to the left. the chard rG W which the Plscc of then aforesaid road: dwnce West sl279 ight feet, to me tsures Soudt 79 degrees 1S said road BEGINNING at a point in the: approximate center line of the public La Peck and Guy fro,, f` Huncer lands 52 w Of fcrzncriy of rotst unters Run to the Gxfard1Ra? nu ?cst 150 feu to an iron pm; d--- by L-surer V. Pachis wife, North feet to lands now or formerly oC Wilmer H. Wolf and Mildred M. Wolf, his wife, North 79 degrrxs minutes Fast 100 felt to an Iron pin: !hence by the sztnc, South it degrees East 154 f 3 point degrees in the approximate ccnf. r of the aforesaid toad: thence in said road. South 8: 30 20.minutes Wcst 97.5 feet to the Plxa of BFGINNL?IG. Being the same premises which Ricky L. Peck and Bonnie S. Peck, his wife, by Deed dated March 13, 1996 and recorded March 18, 1996 in the office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book 136, Page 256 granted and conveyed unto Ricky .L. Peck, Mortgagor herein. I Certify this to be recd -f- d In Cumberland Co wn; ?, t rat ??° ? i- Recorder of Deeds BK 1740PS 178 1 EXHIBIT Al LOAN NO. 0139648851 t?£CK Y 0!31404 8S51 NOTE 1? I LSX-qg NOYE>rIDER . 21 w .. , . 2 0 01 G&T'i'YBUR+G ...; .tt a. . [City] (State] 220 PINE SCHOOL ROAD GARDNERS, PA 17324 [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U. S. $ 7 0 , 0 0 0.0 0 (this amount is called "Principal"), plus interest, to the order of the Lender. The Lender is ADAMS COUNTY NATIONAL BANK, I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.875 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1ST day of each month beginning on JANUARY 1 2 0 0 2 . I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on DECEMBER 1 , 2031 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at ADAMS COUNTY NATIONAL BANK, PO BOX 3129,GETTYSBURG, PA 17325 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U. S. $ 459.85 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me..If a refund reduces Principal, the reduction will be treated as a partial Prepayment. MULTISTATE FACED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INS TRUMENT FORM 3200 1/01 FNMA3200 (10/00) Page 1 of 3 ? Initial l/ -1f f Initial WITNESS THE HAND(S) AND SEAL(S) of THE UNDERSIGNED. RICKY L PEC (Seal) -Borrower Social Security Number 194- 44- 7 704 -(Seal) -Borrower Social Security Number +afiauttecou , the aiduct ? SUNrRUST MORTGAGE INC •s .?Tra?v?, _ 8: GC.. Assist Vice President, Debra Brennan (Seal) -Borrower Social Security Number Social Security Number -(Seal) -Borrower Without Recoul`f gn Original OnN PAY TO THE ORDER OF Sun Trust Mortgage, inc. 1? MUI'TISTATE FIXED RATE NOTE - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT FORM 3200 1101 FNMA3200 (10/00) Page 3 of 3 EXHIBIT A2 64/41/2b06 15:53 TEL 7175997794 J CONRAD 0038 ?9a? e- parcel # Address: 220 PINF SCHOOL ROAR, GARDr4ERS, PA 17324 RO'SttT 1. 11 EGLER RECORDER a DEEDS CUMBERLAND COUNTY-PA ASSIGNMENT OF BOND AND MORTGAGE 'OZ RS 4 Oft 0 !# KNOW ALL MEN BY TRI SE PRrS-'NTs THAT Adams County National Banl:, the mortgagee named in the indentum of Mortgage hereinafter meatiow d Ear aad In consideration of the sum of $1.00 consideration paid unto it paid by SunTrust Mortgage Inc., s irgn?f drub 1? the onto tip of execution hereof, the, receipt of which is herby acknowledged, do hereby grant, bargain, said SunTrust Mortgage Inc,, a Vin giuis Corporation its sucessors and/or assigns, ALL THAT CERTAIN indotmie: of Mortgage given and executed BY: RICKY L I'L`=K in favor of ADAMS CQL'ri-.,'Y NATIONAL BANK, in the amount of $ 70000.00 dated 11121/01 I ID at e# and recorded in SOUTH NLEODLETON TOWNSHIP, CUMBERLAND COUNTY in Book# a p? X74 I"1 Also the Board or Obki;atio;? in the said indenture of Mortgage recited, and all Moneys, grincrpal and interest due w A to grow due ?? and lnddents thereon. Together with ti,, wan-ant off Attorney to the said obligation cun and demand, in and the sam?r thereunto belonging. And all its estate, right title, interest, property To have, hold, receive and take, A} and singular the hsredit=cuts and Premises hereby granted and assigned, or maidoaed sad intended so to be, with appurtenances, unto it and assigns, to and for its only proper use, benefit and behoof Fxnva; subject, nevertheless, to the equity of redemption of said Mortgagor iD the said indenture of Mortgage named, and Their b drs and udgm therein. In Witness Whereof, the un lersignel has executed this assigrur ent and affixed its corporate seal this the 29th of r ovemtmr, 2001 SEALED AND DELI%Er-':D N THE, PRESENCE OF US: YlQ?.?s BY: DEBI".A BRENNAN, Assist. We President ATTE' ? l/ ??Notary STATE OF PENNSy'--V IA, Cc j'N'TY OF ADAMS. On this day 11/2 ' ?< 1 ^re me, the undersignFd cfLlcer,persortatly appeared DEBRA BRENNAN who f tbowlodgad herself to be Assist. V ice. P esidrr ;, m Adams County Nation at Bank, a corporation, and that she as such Assist. Via President, mg y authoriz-od to do so, e : }the `:;I'': ?Orng instrument for tit; purpose therein contained by signing the name of the r orpotaiion by herself as Assist. Vice I r silent. / a,N" I witness whereof, I i ?T!`--".-AO Set 1.,Y hand and off""al seal. rf Public t RETUP,N TO: AL? ":4:> ;r]N FY ,-IAiTONAL BANK P.O. -;X 3129 GET',"Y'SBURG,PA 17325 Not&M SW ?. Unda L KUnV, Notety Publta CumbeftN Y Maine COtM My Commie t n xpims N kW. 22, 2004 Member, rna A tics Notaiea I Certify this to be recorded I Cu nil COUnty PA A ,?• *. D :T3 T AGE? DIV.• f Recorder Dee& '3K 684 P?: E ll)'72 EXHIBIT B PLAINTIFF'S AFFIDAVIT IN SUPPORT OF ITS MOTION FOR SUMMARY JUDGMENT STATE OF VIRGINIA ss. CITY OF RICHMOND ) -Diana L. King , being duly sworn according to law, deposes and says: 1. I am employed in the capacity of -Foreclosure Specialist at Suntrust Mortgage Corporation, mortgage servicing agent for Plaintiff in the within matter. 2. In said capacity, I am familiar with the account that forms the basis of the instant foreclosure action and am authorized to give this Affidavit. 3. I am the custodian of records for the within matter. 4. All proper payments made by Defendant have been credited to Defendant's accounts. 5. Defendant's mortgage payments due December 1, 2005 and each month thereafter are due and unpaid. 6. The amounts due on the mortgage were correctly stated in the Complaint as follows: Principal Balance Interest November 1, 2005 through April 13, 2006 (Per Diem $12.45) Attorney's Fees Cumulative Late Charges November 21, 2001 to April 13, 2006 Cost of Suit and Title Search Subtotal Escrow Credit Escrow Deficit TOTAL $66,107.63 $2,041.80 $1,225.00 $252.89 550.00 $70,177.32 $0.00 $2,387.42 $72,564.74 7. Defendant has failed to reinstate the account or offer any reasonable solution to cure the arrears on the past due mortgage payments. 8. Plaintiff provided mortgagor with a Notice of Intention to Foreclose Mortgage, but Defendant did not take the necessary affirmative steps to avoid foreclosure. 9. Plaintiff properly accelerated its mortgage to protect its interests. /,)-)GZ 'Z_" /_ . Name: Diana L. King Title: Foreclosure Specialist Suntrust Mortgage Corporation SWORN TO AND S SkRIBED BEFORE ME THIS DAY OF June ,2006. Y,61141J 4OTARY P IC File Name and Number: Ricky L. Peck-, Account No.: 0139648851 EXHIBIT C PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 133873 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 26149, VA 23261 RICHMOND, VA 23224-2243 Plaintiff V. RICKY L. PECK 220 PINE SCHOOL ROAD GARNDERS, PA 17324 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM 2?V3 ' C?V' NO. U& CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE, PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 133873 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(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 OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 133873 1. Plaintiff is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 26149, VA 23261 RICHMOND, VA 23224-2243 2. The name(s) and last known address(es) of the Defendant(s) are: RICKY L. PECK 220 PINE SCHOOL ROAD GARNDERS, PA 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/21/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ADAMS COUNTY NATIONAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1740, Page: 1767. By Assignment of Mortgage recorded 02/04/02 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 684, Page 1952. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 133873 6. The following amounts are due on the mortgage: Principal Balance $66,107.63 Interest 2,041.80 11/0 1/2005 through 04/13/2006 (Per Diem $12.45) Attorney's Fees 1,225.00 Cumulative Late Charges 252.89 11/21/2001 to 04/13/2006 Cost of Suit and Title Search 550.00 Subtotal $ 70,177.32 Escrow Credit 0.00 Deficit 2,387.42 Subtotal $ 2,387.42 TOTAL $ 72,564.74 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 72,564.74, together with interest from 04/13/2006 at the rate of $12.45 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 133873 LEGAL DESCRIPTION ALL those two certain tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road, said point being opposite the wing wall of a concrete bridge; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, of which the described premises was a part, North 14 degrees 20 minutes West 150 feet to an iron pin; thence by the same, North 79 degrees 30 minutes East 285.5 feet to an iron pin; thence by the same, South 11 degrees 52 minutes East 150 feet to a point in the approximate center line of the aforesaid road; thence in said road, by a slight curve to the left, the chord of which measures South 79 degrees 15 minutes West 279 feet, to the Place of BEGINNING. CONTAINING.974 Acre. Tract No. 2: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road; thence by lands now or formerly of Guy L. Peck and Esther V. Peck, his wife, North 11 degrees 52 minutes West 150 feet to an iron pin; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, North 79 degrees 30 minutes East 100 feet to an iron pin; thence by the same, South 11 degrees East 154 feet to a point in the approximate center of the aforesaid road; thence in said road, South 82 degrees 20 minutes West 97.5 feet to the Place of BEGINNING. CONTAINING.34 Acre, more or less. TRACTS NO. 1 and 2 HAVING thereon erected a frame dwelling house known and numbered as R. 1). # 1, Box 241, Gardners, PA 17324. BEING THE SAME PREMISES which Harold O. Peck and Norma Peck, his wife, by Deed dated and recorded December 31, 1986 in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book K', Volume 32, Page 638 granted and conveyed unto Ricky L. Peck and Bonnie S. Peck, Grantors herein. PROPERTY BEING: 220 PINE SCHOOL ROAD File #: 133873 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. 71Az-J&-, FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: -1e113 EXHIBIT D IN THE COURT OF COMMON PLEAS, CUMBERLAND COUNTY SUNTRUST MORTGAGE, INC., ?116113113 CIVIL DIVISION Plaintiff Case No.: 06-2163 Civil vs. RICKY L. PECK, Defendant(s) ANSWER TO COMPLAINT IN MORTGAGE FORECLOSURE AND NOW come(s) the defendant(s) by and through attorney, Frank E. Yourick, Jr., Esquire, and make(s) the following Answer to Complaint in Mortgage Foreclosure: 1. After reasonable investigation, defendant(s) are without knowledge oj- information sufficient to form a belief regarding plaintiff's claim of default and the amount that is due. (Pa.R.C.P. 1029(c). The debtor(s) cannot verify the actual amounts due as this information is exclusively within the control of the plaintiff and strict proof thereof is demanded at time of trial. NEW MATTER - AFFIRMATIVE DEFENSES The answering Defendant(s) will rely upon all of the following defenses: 2. Plaintiff's cause of action is in violation of the Fair Debt Collection Practices Act, 15 USC 1692-1692a. 3. Plaintiff's cause of action is barred in whole or in part by the doctrines of waiver and estoppel. 4. Plaintiff's cause of action has not been processed in a timely manner and is barred in whole or in part by the doctrine of laches. WHEREFORE, the defendant(s) pray(s) that plaintiff's complaint be dismissed or, in the alternative, this action be delayed for ninety (90) days until the defendant(s) can bring the mortgage current. Frank E. Yourick,., Esqui Pa. ID # 00245 P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 CERTIFICATE OF SERVICE I certify that on the 8th day of May, 2006, I served a copy of the Answer to Plaintiff's Complaint upon the following by US first class mail, postage prepaid: Janine Davey, Esquire Suite 1400, One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Philadelphia-PA 19103-1814 Frank E. Yourick\yr., Esq Attorney for Defendant(s) P.O. Box 644 Murrysville, PA 15668 (412) 243-5698 PAID No.: 00245 EXHIBIT E r, PHELRN HALLINAN 2WSCHMIEG FILL v ? ?Y Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 FAX: (215) 563-4491 Email: keri.c1gMss a,feduhe.com Keri P. Claeys, Esquire Litigation Department Representing Lenders in Pennsylvania and New Jersey* June 5, 2006 VIA OVERNIGHT MAIL Office of the Prothonotary Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013-3387 Re: Suntrust Mortgage, Inc. v. Ricky L. Peck Cumberland County CCP, No. 06-2163 Civil Dear Sir/Madam: Enclosed please find Plaintiff's Reply to Defendant's New Matter to Plaintiff's Complaint and Certification of Service for filing with the court. Please return a time-stamped copy of the first page of the Reply and Certification in the enclosed self-addressed stamped envelope. Your cooperation in this matter is appreciated. 0.1a ire Enclosures cc: Frank E. Yourick, Jr., Esquire Suntrust Mortgage Corporation(Richard, VA) Account No.: 0139648851 * Please be advised that this fern is a debt collector attempting to collect a debt. Any information received will be used for that purpose. If you have previously received a discharge in bankruptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of lien against property. PHELAN HALLINAN & SCHMIEG, LLP BY: Keri P. Claeys, Esquire Identification No.: 91298 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Suntrust Mortgage, Inc. Plaintiff vs. Ricky L. Peck Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-2163 Civil CERTIFICATION OF SERVICE I certify that a true and correct copy of Plaintiffs Reply to Defendant's New Matter was sent via first class mail to the person listed below on the date indicated: Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Date: G- is I U-0 Keri P. Claeys, Esquire Attorney for Plaintiff P.HELAN HALLINAN & SCHMIEG, LLP BY: Keri P_ Claeys, Esquire Identification No.: 91298 One Penn Center at Suburban Station, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Suntrust Mortgage, Inc. Plaintiff VS. Ricky L. Peck Defendant Attorney for Plaintiff Court of Common Pleas Civil Division Cumberland County No. 06-2163 Civil PLAINTIFF'S REPLY TO DEFENDANT'S NEW MATTER Plaintiff, Suntrust Mortgage, Inc., by its attorney, Keri P. Claeys, Esquire, hereby files the within Reply to New Matter of Defendant Ricky L. Peck and in support thereof states as follows: Plaintiff incorporates herein by reference the averments of paragraphs one (1) through nine (9) of its Complaint as if set forth herein at length. 2. Denied. The averment of paragraph two (2) contain conclusion of law to which no response is necessary. By way of further of response, the Plaintiff responded to the Defendant's Fair Debt Collection Practices Act letter on June 5, 2006. A true and correct copy of the Letter is attached hereto made part hereof and marked as Exhibit A. 3-4. Denied. The averments of paragraphs three (3) and four (4) contains conclusions of law to which no response is necessary. WHEREFORE, Plaintiff respectfully requests that the Court enter judgment in its favor and against Defendant as requested in Plaintiffs Complaint. Date: ItP4 I h( '0 Respectfully submitted, PHELAN HALLINAN & SCHMIEG, LLP BY: K P. C0s., Attorney for Plaintiff EXHIBIT A PHELAN HALLINAN 2Suite 1400 1617 JFK Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 FAX: (215) 563-4491 Email: keri.claesOfedphe corn Keri P. Claeys, Esquire Litigation Department June 5, 2006 Frank E. Yourick, Jr, Esquire P.O. Box 644 Murrysville, PA 15668 Re: Suntrust Mortgage, Inc. v.. Ricky L. Peck Cumberland County CCP, No. 06-2163 Civil Dear Mr. Yourick: Representing Lenders in Pennsylvania and New Jersey This letter is in response to your request submitted to our office on May 8, 2006, for verification of the validity of the mortgage debt in the above-referenced mortgage foreclosure action. Please be advised that the Plaintiff, is seeking the sum of $72,564.74 plus interest from April 13, 2006 at the rate of $12.45 per diem to the date of judgment, plus other costs and charges collectible under the mortgage. I have enclosed a reinstatement and payoff figure good through May 31, 2006. These amounts are due because of the default and the subsequent acceleration of the debt. Since the debt of the mortgage loan has been accelerated due to the default, regular monthly mortgage payments will not be accepted unless the default is cured in its entirety. Please also be advised that the original lender of the Defendant's mortgage was Adams County National Bank. Enclosed is a copy of the Defendant's mortgage. Kindly be advised that the Defendant has the right to bring his loan current up until one hour before a scheduled Sheriffs Sale, in order to avoid foreclosure. In order to obtain either an up to date payoff figure or a reinstatement quote, you must contact Ray Begley of our office at (215) 563-7000. Please be advised that our office is proceeding with the foreclosure action. V urs lac squire KPGnag * Please be advised that this firm is a debt collector attempting to collect a debt Any information received will be used for that purpose. If you have previously received a discharge in banlauptcy and this debt was not reaffirmed, this correspondence is not and should not be construed to be an attempt to collect a debt, but only enforcement of a lien against property. PHELAN HALLINAN & SCHMIEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolutionAfedphe.com Foreclosure Resolution Dept. Representing Lenders in. Pennsylvania & New Jersey REINSTATEMENT FIGURE NAME: PECK, RICKY L. LOAN # 0139648851 DATE: 5/12/06 GOOD THRU 5/31/06 Total Payment Amount (6 Payments) $4,804.08 Late Charges $298.87 NSF Fees $20.00 Property Inspections $55.80 Attorney Costs $467.50 Attomey Fees $975.00 TOTAL $6,621.25 ALL FUNDS MUST BE IN CERTIFIED FORM MADE PAYABLE TO YOUR MORTGAGE CO. Please be advised that this firm is a dcbt collector altempid" so collect a debt Any iafomiuion received will be used for 69 purpose. If yon lave received a discharge in bankruptcy, and this debt was not reaBhmed, this correspondence is not and shou6f not be construed to be an attempt to tolled a debt, but only enforcemmt of s licit against property. As of the date of this commarication, you owe the smoaN specified. Been= of interest, hue dirges, and other charges that may vary Gam day today, due amount due on the day you pay may be greater. Hatoe, if you pay the amount shown above, an adjustment maybe necessary after we receive your check, in which evert we will inform you before depositing the check for collection. For further information, write the undersigned or call (215) 563-7000 and ask for the Foreclosure Resolution Department If Otis is the first notice that you have received from this office, be advised tat: You mry dispute the validity of the, debtor any portion Iheroof. If you do so in writing within thirty (30) days of moeipt of this hurt, this firm will obtain and provide you written verification thereof; otherwise, the debt will be assured to be valid. Likewise, you may request the name and address of the original creditor tf diffacm fian above. PHELAN HALLINAN & SCHMTEG, LLP Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Fax (215) 568-0719 E-mail fcresolutionAfednhexom Foreclosure Resolution Dept. Representing Lenders in Pennsylvania & New Jersey P A VnIVI lwyc-i rDTr NAME: PECK, RICKY L. v LOAN # 0139648851 DATE: 5/12/06 GOOD THRU 5/31/06 Principal Balance $661107.63 Late Charges $298.87 NSF Fees $20.00 Property Inspections $55.80 Interest $2,645.99 Escrow Advance $4,039.65 Recording Fee $2700 Attorney Costs $467.50 Attorney Fees $975.00 TOTAL $74,637.44 ALL FUNDS MUST BE IN CERTIFIED FORM MADE PAYABLE TO YOUR MORTGAGE CO. Plam be advised dm tuffs firm is a debt *W;o& r aucavting b onlieat a debt Any infamy received wid be nsed for Mgprpos- If you bave rcodved a discharge m bankrydcy, and this debt was not reaffirmed, dig opaapondace is not and dmM not be construed to be on attempt in collect a debt, but only adaooemeot ofa fiat against property. As of the date of tus eommuniatim you owe the amoud specified. Because of interest, late chages,.and othercharges that may vary fiom des be greater. Hence, if you pay the amomd shown above, an a4ustme t maybe day to day, the ramount e depositing due on the day YW lmY may collection. For &dhw in necessary fort he twelve Yourcheck, in which awed the will inform you before depositing the check for If this is the lust entice that ?? w? the undersigned or all (215) 363-7000 and ask for the Foreclosure RewiWioo pepahnem, you have received from this office, be advised that You may dispute the validity of the debt or any portion dmwE ICyou do so in writing within thirty (30) days of receipt of this letter, dus firm wig obtain and provide you writs verification thavof otherwise, the debt will be a maned to be valid. Likewise you may request the name and address of the original creditor ifdiffatut fiom above. _)U Lf?wl y After Recording Return To: ADAMS COUNTY NATIONAL BANK 875 OLD HARRISBURG ROAD GETTYSBURG, PA 17325 . , cLFR bF DEEDS. 1 NOU 28 PM 1 5. C- LOAN O.: 0139648851 (Spam Above TI6 Line For ?a? natal MORTGAGE DEFINITIONS Words used in multiple sections of this. document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated NOVEMBER 21, 2001 together with all Riders to this document. (B) "Borrower" is RICKY L PECK Borrower is the mortgagor under this Security Instrument. (C) "Lender" is ADAMS COUNTY NATIONAL BANK Lender is a CORPORATION organized and existing under the laws of THE COMMONWEALTH OF PENNSYLVANIA Lender's address is 675 OLD HARRISBURG ROAD GETTYSBURG, PA 17325 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower. and dated NOVEMBER 21, 2001 The Note states that Borrower owes Lender SEVENTY THOUSAND AND 00/100 Dollars (U.S. $ 70,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than DECEMBER 1, 2031 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1/01 Laser Forms Inc. 4800) 446-3555 LA #FNMA3039 V01 (A) Page 1 of 14 Initials: 6rt 1 740P-1 767 a a (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable): E] Adjustable Rate Rider [-1 Condominium Rider Q Second Home Rider Q Balloon Rider Q Planned Unit Development Rider F] 1-4 Family Rider [-1 Biweekly Payment Rider 0 V.A. Rider Q Other(s) [specify) 111) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (U "Community Association Dues, Fees, and Assessments" means all dues., fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. W "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (1) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C.§2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA refers to. all requirements and restrictions that are imposed in regard to a "federally related mortgage .loan" even if the Loan does not qualify as a "federally related mortgage loan" under.RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. PENNSYLVANIA - Single Family.- Fannie Mae/Fre"e Mac UNIFORM INSTRUMENT. Form 3039::1101 Laser Forms Inc. (8001446-3555 ? LR #FW"3039 1/01 Page 2 of 14 Initials:.- V "1 740R 1768 11 U !p . TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications. of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby 7 mortgage, grant and convey to Lender the following described property located in the COUNTY of CUMBERLAND [Type of FA-F V Jirudcdow (Name of Aec"ft .nxisd uionl SOUTH hMDLETON TOWNSHIP which currently has the. address of 220 PINE SCHOOL ROAD Istmal GARDNERS , Pennsylvania 17324 ("Property Address"): lcityl (Tp Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property:" BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form::3039,4101..:. laser Fauns kr- (8001446-3555 LFI #MMA3039 W1 Page 3 of 14 Initials: ?• 6K1740PG1769 r } f UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the'notice provisions in Section-l5. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower PENNSYLVANIA - Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391101= ' r sr.i /? . Laser Forms Im 18001 446-3555 tFl IFNMA3039 trot Page 4 of 14 Initials: ofI740i- t77t shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, . if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and. (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to .pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying. the Escrow Items, unless Lender pays. Borrower interest on the Funds and Applicable. Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shalt pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent than these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the. holder of the lien an agreement satisfactory to Leader subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the PENNSYLVANIA - Single Family.-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT ForrnA039:3/01: t Laser Forms inc.-1»00) 446-3555 LFI /FNMA3039 1101 Page 5 of 14 Initials.. 8K1740pG1771 I . actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lenderin connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be. maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance, carrier providing the insurance shall. be chosen. by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become' additional. debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender.. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by, Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM. INSTRUMENT Fora 19-1g,1141 iaser Forms Inc 4800) 446-3555 n Q LFI #FNMA3039 IMI Page 6 of 14 FInitials: 61 1 74 OPG 17 72 related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence- for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shallnot be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or' restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. if (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It PENNSYLVANIA - Single Family - Fannie Mae/Fredclie Mac UNIFORM INSTRUMENT Form.303S:1101.s r.-c 5r s... Lases Fomu kr- 48001 4463555 - - - - ' LFI IFNMA3039 IM Page 7 of 14 Initials: g 6K 1740 6 17-73 .v is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold. Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided. such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, . Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained,. and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refimdable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These.agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). . As a result of these agreements, Lender, any purchaser of the Note, another in any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any PENNSYLVANIA - Single Family - Fannie Mae/Fredcle Mac UNIFORM INSTRUMENT Form;30391L01:,.. J:,. :. Laser Fonns Inc. (800) 446-3555 LFI #FNMA3039 1/01 Page 8 of 14 Initials: OK 174OPG 1774 or modification of amortization -of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest' of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. . 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower. who co-signs this Security Instrument but does not execute the Note (a "co-signer*): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the suns secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to. reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall. promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may. be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument PENNSYLVANIA - Single Family - Fannie Mae/R*"e Mac :UNIFORM INSTRUMENT Fong 3039 1701 Laser Farms Mc. (800) 446-3555 LFI sFNMA3039 1/01 Page 10 of 14 Initials: BK1740PC1776 A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note. purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party. has breached any provision of, or. any duty owed by reason of, this Security Instrument, until such Borrower or Lender has. notified -the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable ..for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances". are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation,.claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. PENNSYLVANIA - Single Family - Fannie Mae/Fredcoe Mac UNIFORM INSTRUMENT. Forin.3939 1101 : Lase Foams Inc (800) 446.3555 LFI /FNMA3039 1101 Page 12 of 14 initials: By 1 740PG 1778 a e? NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give _ notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclgsure by judicial proceeding and sale of the.Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration -and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shaft be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release.. Upon payment of all sums secured by this Security . Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this. Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in. proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale;, and homestead exemption. .25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA -Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form -30394'a-11'-.. ..:. r : n:?•.. 1 i • .... Laser Forms kw- 4800) 446-3555 LF1 /FNMA3039 1/01 Page 13 of 14 Initials: BKI740PGl779 s BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed 'by Borrower and recorded .with it. Witnesses: e (Seal) a J--2 RICIRN L PECK -Borrower (Seal) -Borrower . (Seal) -Borrower (Seal) -Borrower [Spam Below This Um For Adawwtcdgment) Certificate of Residence 1, A Nj(-j#c0V .4• do hereby certify that the correct address of the within-named Lender is( ' 675 OLD HARRISBURG ROAD, GE'TTYSBURG, PA 17325 Witness my hand this X(JY, day of ltnll, , 20 m - Agent of Mort COMMONWEALTH OF PENNSYLVANIA, Cumberland County ss: On this, the 21 st day of Nov. r 2001 , before me. a notary public , the undersigned officer, personally appeared --------------------------------- RICKY L PECK known to me (or satisfactorily prove) to be the person whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. oZOG?3 i My Commission expires: NOTARIAL SEAL MAFlJOR1E A DeCt1CA,ulmotary = betia South Middleton TwP., C fuel Cti: - My Commission Expires Nov. 1, ? ? '• ??` '??'?; ..-;., PENNSYLVANIA -Single Fatuity - Fannie Mae/Fredde Mac UNIFORM IN$TfiUMFNT '.•?x?tx?= Fonn 3039=1101:.; Laser Farms W. 18001446-3555 IF1 #FNMA3039 1/01 Page 14 of 14 BK 17 4 0 PG 17&0 y E• , Y a LEGAL DESCRIPTION n trscu of land situate in South Middleton Township: Cumberland County. ALL those two cettai PennsYlvania, boutrdrd and described as fetlaws: imams ccxrtes fitter of the public mad leading N BEGINNING :t a point inthe d p Ong opposites the wtng wall of a concrete frorn Hunters Run to the OXfotd Road. of Witmer H_ Wot€ nerd M?Idr+ % M. watt, his wife- brid now or focmesty North 14 d?rtxs 20 tninutcs West 150 test to art ge, thg w, by lauds de19,ed premhSCS ' apart. to an iron pin: thence of which the the sanft,, North W degrees 30 minutes F?sL 2835 fern xins? center line iron pin; then= by rats SZ minutes east ISO. feet to a point in the appm hich of by tho the o aforesaid South 11 deg in said road, by a bight curve to the left, the cord of which minutes West 279 feet: to the Place of BEGINN1aforesaid royd; tt? tca-vrt:s South 79 degrees N tcirnate renter llae of the public road Icaditig ING at a point in tow- approttow or toraterly of Gay L_ peck and -r.a ?_ BEGIN thence by. ]ands, d-- by from Hunters Run to the oxford 1Raad rem 52 tnintttes West l50 tea to an iron p . Fst.her v. Peck, lus vntc, North Wolf and Mildred M_ Wolf, his wife, North 79 154 &-..t to w or formerly of Witmer K. South 11 dcgrocs st. lands no ? .30 minutes Fist 100 feet to art.i'rva pin; thence by the sZrrte, ce to said ta=d. South V. degrees a point in the aPPraxiamatc ernLrs of the a(orctaid rrnd: then 20.minutcs West 97.5 feet to the place of BEGINNn4 Being the same premises which Ricky L. Peck and Bonnie S. Peck, his wife, by Deed dated March 13, 1996 and recorded March 18, 1996 in the office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book 136, Page 256 granted and conveyed unto Ricky-L. Peck, Mortgagor herein. I Certify this to be reCorcied In Cumberland County PA. att. Recorder of Deeds all 17 OPb 1781 VERIFICATION Keri P. Claeys, Esquire, hereby states that she is the attorney for the Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Reply to New Matter are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsifications to authorities. PHELAN HALLINAN & SCHMIEG, LLP Date: BY: One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Attorney for Plaintiff EXHIBIT F N V R 000163942/0139648851/CK087/l/2/00000000 0234505 h!IPT!8N& No NNE IBM NNE SunTrust Mortgage, Inc. P.O. Box 27767 Richmond, VA 23261-7767 7100 4047 5100 2345 0562 February 13, 2006 Ricky L Peck 220 Pine School Rd Gardners 000163 /CK087/942 PA 17324 71004047510023450562 Re: Total Amount Due: $ 1,586.52 Loan Number 0139648851 220 Pine School Rd Gardners PA 17324 Total Amount Due $ 1,586.52. ** FOR CREDIT COUNSELING INFORMATION CALL 1-800-569-4287 Dear Customer: This letter is to notify you that the above referenced property secured by the Deed of Trust/Mortgage is in default. The loan is now due for the 12-01-05 installment; therefore, you are in default for the total amount due of 1,586.52 which includes mortgage payments, late charges, and any additional fees that may have accrued. The amount of the default will increase when an additional payment or an additional late charge becomes due. In order to reinstate the loan, please remit in Guaranteed Funds the total amount due including any additional payments or late charges that become due, along with any fees for a market analysis or appraisal that may be ordered within the next few days. If reinstatement funds are not received within thirty days from the date of this letter, it may become necessary to accelerate the entire balance of the loan. Should the entire unpaid balance of the loan be accelerated foreclosure proceedings will be instituted in accordance with the aforementioned Deed of Trust/Mortgage. The loan may be reinstated prior to the fifth day before the date of the foreclosure sale by tendering in certified funds the entire delinquent amount including any additional payments which become due, all late charges, fees, and other expenses incurred by the lender (not applicable to VA Guaranteed loans). In the event that the loan is not reinstated, sale will occur as scheduled and any deficiency should the proceeds be insufficient to pay the loan in full after deducting the expenses of the sale, will have to be paid. 000163/CK087/942 Page 2-Breach Letter You have the right to bring a court action at any time to assert the non- existence of default or any other defenses you might have to acceleration and sale. The seriousness of this matter should not be disregarded. Please call a Collections Representatives at 1-800-443-1032 or in Richmond Virginia, 291-0620. Sincerely, Mortgage Collections Department SunTrust Mortgage, Inc. 0139648851 Copy sent Certified Property Address Copy sent Certified Mailing Address CK087 If you have received a Chapter 7 discharge, and your mortgage loan was q not reaffirmed in the bankruptcy case, we will only exercise our rights as against the property and we are not attempting any act to collect the discharged debt from you personally. Keri P. Claeys, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion for Summary Judgment and Brief are true and correct to the best of her knowledge, information, and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Date K /PCIaeys, Esquire Attorney for Plaintiff S t ?` t,.... ?-. ._ -? { ?? .?_.. .? PHELAN HALLINAN & SCHMIEG, LLP By: KERI P. CLAEYS, ESQUIRE Identification No. 91298 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Suntrust Mortgage, Inc. 1001 Semmes Avenue P.O. Box 26149, VA 23261 Richmond, VA 23224-2243 Plaintiff VS. Ricky L. Peck 220 Pine School Road Garnders, PA 17324 Defendant Attorney for Plaintiff : Court of Common Pleas : Civil Division : Cumberland County : No. 06-2163 CIVIL I hereby certify that true and correct copies of Plaintiffs Motion for Summary Judgment, Copy of Brief in Support thereof, Order, Argument Praecipe, Certification of Service, and Attached Exhibits were sent via first class mail to the person on the date listed below: Frank E. Yourick, Jr., Esquire P.O. Box 644 Murrysville, PA 15668 Date: + I ??Q Nlefi P. Claeys, Esquire Attorney for Plaintiff = c? ? --r r-"? --?: Suntrust Mortgage, Inc. Plaintiff VS. Ricky L. Peck Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 06-2163 Civil Term ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with the Law Offices of Phelan Hallinan Schmieg, for the limited purpose of representing the Plaintiff at Argument Court to be held on Wednesday, September 6, 2006. Date: September 1, 2006 Supre rt I.D. 87380 10 High Street Carlisle, PA 17013 (717) 241-4436 CC: Keri P. Claeys, Esquire, Phelan Hallinan Schmieg Frank E. Yourick, Esquire (`? ("- N O ??' U ? T7 C7 - . Cn ? ' -1 n _ _ Z; i? ' ?? "? -i t'`; w .?- -c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Suntrust Mortgage, Inc. 1001 Semmes Avenue P.O. Box 26149, VA 23261 Richmond, VA 23224-2243 Plaintiff VS. Court of Common Pleas Civil Division : Cumberland County Ricky L. Peck 220 Pine School Road Garnders, PA 17324 Defendant : No. 06-2163 CIVIL ORDER AND NOW, this day of ("_ V , 2006 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendant, the Court determines that Plaintiff is entitled to Summary Judgment as a matter of law, and it is hereby: ORDERED and DECREED that an in rem judgment is entered in favor of Plaintiff and against Defendant, Ricky L. Peck, for $72,564.74 plus interest from April 13, 2006 at the rate of $12.45 per diem and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property. 0 r a st- VINI!ftlk?Mt:=d ?.? r?Y^#fIJ C S 04 HV 9 JIS 40d ttl?JlOi??? ! ?:?_d 3HJ. 3U PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS VS. : CIVIL DIVISION RICKY L. PECK NO. 06-2163 PRAECIPE TO REDUCE ORDER TO JUDGMENT TO THE PROTHONOTARY: Kindly enter Summary Judgment in favor of the Plaintiff and against RICKY L. PECK , Defendant(s) in accordance with the Court's Order dated 9/6/06. Assess Plaintiffs damages against RICKY L. PECK as follows: As set forth in the Order Interest -4/13/06 9/6/06 TOTAL DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 2q- P-? zF ap,U (A I PR4PROTH"Y $72,564.74 $1,817.70 $74,382.44 PHELAN HALLINAN AND SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE, PO BOX 26149, VA 23261 Plaintiff, V. RICKY L. PECK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-2163 CIVIL VERIFICATION OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant RICKY L. PECK is over 18 years of age and resides at, 220 PINE SCHOOL ROAD, GARDNERS, PA 17324. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. P9544: 1339q3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Ssntrust Mortgage, Inc, 1001 Semmes Avenue P.O. Box 26149, VA 23261 Richmond, VA 23224-2243 Plaintiff VS. Ricky L. Peck 22011iue School Road Garnders, PA 17324 Defendant Court of Common Pleas Civil Division : Cumberland County ; No, 06-2763 CIVIL MFR AND NOW, this day of , 2006 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendant, the Court detennines that Plaintiff is entitled to Summary Judgment as a matter of law, and it is hereby; ORDERED and DECREED that an in r= judgment is entered in favor of Plaintiff and against property. it".0m FROM.?WOORD W1 vul, 11pF@ 41" W"Imm. 4 -ft $0 of sold Cwn GWAIWL ply, i h ?tt*y X66 G 22 Defendant, Riclcy L. Peck, for $72,564.74 plus interest from April 13, 2006 at the rate of $12.45-per diem and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged ,. c-' t"? ? ? r?' ?? ? „r, ,,., . ? ? ?i? ^? `?` ? ?? ?L ;?? V ? ?? , .-. -. _ ? _ C.3 ?; W ?i \v ?- p' ,.?? Y (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE, PO BOX 26149, VA 23261 Plaintiff, V. RICKY L. PECK Defendant(s). By: If you have any questions concerning this matter, please contacy.---\ / CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-2163 CIVIL Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 IYANIEL G. SC MIE , E UIRE Attorney for P i11 ONE PENN C NTER AT SUBURBAN STATION 1617 JO . KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." C PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 SUNTRUST MORTGAGE, INC. Plaintiff, V. No. 06-2163 CIVIL RICKY L. PECK Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest - 4/13/06 to 9/6/06 $1,817.70 Interest from 9/6/06 to 3/7/07 (per diem -$12.23) $72,564.74 $2,225.86 and Costs TOTAL $76,608.30 Add'l fees $1569.50 Ul- DANIEC IE SQUIRE One Pe at S an Station 1617 Jo Keened levard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. d o? ?d da a? OW a U? W 0 av D O V H? U W d t? O ? H v w U O w? w 4 ? y o W w ter. w' Q O a U a _ V Ln Ir N M r d a r w 1rTT^h? V I 'y T 1 V gyn... l t 61, N d V _J G L J (In ti ? DESCRIPTION ALL those two certain tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road, said point being opposite the wing wall of a concrete bridge; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, of which the described premises was a part, North 14 degrees 20 minutes West 150 feet to an iron pin; thence by the same, North 79 degrees 30 minutes East 285.5 feet to an iron pin; thence by the same, South 11 degrees 52 minutes East 150 feet to a point in the approximate center line of the aforesaid road; thence in said road, by a slight curve to the left, the chord of which measures South 79 degrees 15 minutes West 279 feet, to the Place of BEGINNING. CONTAINING.974 Acre. Tract No. 2: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road; thence by lands now or formerly of Guy L. Peck and Esther V. Peck, his wife, North 11 degrees 52 minutes West 150 feet to an iron pin; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, North 79 degrees 30 minutes East 100 feet to an iron pin; thence by the same, South 11 degrees East 154 feet to a point in the approximate center of the aforesaid road; thence in said road, South 82 degrees 20 minutes West 97.5 feet to the Place of BEGINNING. CONTAINING.34 Acre, more or less. TRACTS NO. 1 and 2 HAVING thereon erected a frame dwelling house known and numbered as R.D. #1, Box 241, Gardners, PA 17324. BEING THE SAME PREMISES which Harold O. Peck and Norma Peck, his wife, by Deed dated and recorded December 31, 1986 in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book'K', Volume 32, Page 638 granted and conveyed unto Ricky L. Peck and Bonnie S. Peck, Grantors herein. PARCEL IDENTIFICATION NO: 40-40-2654-002 Premises: 220 Pine School Road, Garnders, PA 17324 South Middleton Township, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Ricky L. Peck, by Deed from Ricky L. Peck and Bonnie S. Peck, his wife, dated 3-13-96, recorded 3-18-96, in Deed Book 136, page 256. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2163 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., Plaintiff (s) From RICKY L. PECK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $72,564.74 L.L. $.50 Interest 4/13/06 TO 9/6/06 - $1,817.70 -- 9/6/06 TO 3/7/07 (PER DIEM - $12.23) - $2,225.86 AND COSTS Atty's Comm % Atty Paid $127.60 Plaintiff Paid Due Prothy $1.00 Other Costs Date: SEPTEMBER 28, 2006 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Curtis ALong" By: Deputy Supreme Court ID No. 62205 PHELAN HALLINAN AND SCHMIEG, LLP By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff, V. RICKY L. PECK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-2163 CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: Q an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. .-? ? ? ? C zr' _.-{ ' cn ? -n " L? ?. i i'ti il { P i ;.,r 'l t ? _ _ ? ..?'- 1. C...1 --'4 "',.-y. ?r? ? " s? ?. . CT SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS RICKY L. PECK CIVIL DIVISION Defendant(s). NO. 06-2163 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) SUNTRUST MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,220 PINE SCHOOL ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICKY L. PECK 220 PINE SCHOOL ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None -.1 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ADAMS COUNTY NATIONAL BANK P.O. BOX 3129 GETTYSBURG, PA 17325 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare FRANK E. YOURICK, JR. 220 PINE SCHOOL ROAD GARDNERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 P.O. BOX 644 MURRYSVILLE PA 15668 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are mad sect to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsificat? to authorities. September 27, 2006 DATE IEL G. SC MIE , ENQUIRE IC-] ?rll -r1 co `, V SUNTRUST MORTGAGE, INC. Plaintiff, V. RICKY L. PECK Defendant(s). CUMBERLAND COUNTY No. 06-2163 CIVIL September 27, 2006 TO: RICKY L. PECK 220 PINE SCHOOL ROAD GARDNERS, PA 17324 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 220 PINE SCHOOL ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriffs Sale on 3/7/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $74,382.44 obtained by SUNTRUST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. f You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL those two certain tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road, said point being opposite the wing wall of a concrete bridge; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, of which the described premises was a part, North 14 degrees 20 minutes West 150 feet to an iron pin; thence by the same, North 79 degrees 30 minutes East 285.5 feet to an iron pin; thence by the same, South 11 degrees 52 minutes East 150 feet to a point in the approximate center line of the aforesaid road; thence in said road, by a slight curve to the left, the chord of which measures South 79 degrees 15 minutes West 279 feet, to the Place of BEGINNING. CONTAINING.974 Acre. Tract No. 2: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road; thence by lands now or formerly of Guy L. Peck and Esther V. Peck, his wife, North 11 degrees 52 minutes West 150 feet to an iron pin; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, North 79 degrees 30 minutes East 100 feet to an iron pin; thence by the same, South 11 degrees East 154 feet to a point in the approximate center of the aforesaid road; thence in said road, South 82 degrees 20 minutes West 97.5 feet to the Place of BEGINNING. CONTAINING.34 Acre, more or less. TRACTS NO. I and 2 HAVING thereon erected a frame dwelling house known and numbered as R.D. #1, Box 241, Gardners, PA 17324. BEING THE SAME PREMISES which Harold O. Peck and Norma Peck, his wife, by Deed dated and recorded December 31, 1986 in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book'K', Volume 32, Page 638 granted and conveyed unto Ricky L. Peck and Bonnie S. Peck, Grantors herein. PARCEL IDENTIFICATION NO: 40-40-2654-002 Premises: 220 Pine School Road, Garnders, PA 17324 South Middleton Township, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Ricky L. Peck, by Deed from Ricky L. Peck and Bonnie S. Peck, his wife, dated 3-13-96, recorded 3-18-96, in Deed Book 136, page 256. - CD J< Phelan Hallinan & Schmieg By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Attorney I.D. No.: 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. CIVIL DIVISION NO. 06-2163 CIVIL RICKY L. PECK SALE DATE: MARCH 7, 2007 Defendant(s). AFFIDAVIT OF SERVICE OF NOTICE OF SHERIFF'S SALE PURSUANT TO P.R.C.P., 404(2)/403 Daniel G. Schmieg, Esquire, Attorney for Plaintiff, hereby certifies that service of the Notice of Sheriff's Sale was made by sending a true and correct copy by regular mail to FRANK E. YOURICK, JR., ESQ., Attorney of Record for Defendant(s), RICKY L. PECK at P.O. BOX 644, MURRYSVILLE, PA 15668 on OCTOBER 6, 2006. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S.4904 relating to the unsworn falsification to authorities. PHELAN ALLINAN & SCHMIEG By: I DANIEL G. SCHMEMG , ESQUIRE S 0? 6 i 3003 dIZ W o2u tali' A? 8007 90.1 0 i091Z"0O g ZO R vii ;d p$ -^Z?V1f3H y7Nitd iIY?H• ?^ • H ?a ?f5 E a a 'g a rn F-•?MC4 )F 4 V) cn ? a % y, Q C `CS y w .6 P 2? (L?y G F ? 00 v U Er O Q a, 4 ? U ae. d p C4 04 O v' ? G, ? N. ?" Q a z N° x zi CL. o? za _. 1 c+ -n C- - -n PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Suntrust Mortgage, Inc. Plaintiff vs. Ricky L. Peck Defendants ATTORNEY FOR PLAINTIFF : Court of Common Pleas : Civil Division : Cumberland County : No. 06-2163 PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 17, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Plaintiff obtained summary judgment by Order of Court dated September 6, 2006. Praccipe to Reduce Order to Judgment was entered on September 28, 2006 in the amount of $74,382.44. A true and correct copy of the Praecipe to Reduce Order to Judgment is attached hereto, made part hereof; and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on March 7, 2007. However, in the event this motion has not been heard by this Honorable Court by that date, Plaintiff may continue the sale in accordance with Pennsylvania Rule of Civil Procedure 3129.3. 5. Additional sums have been incurred or expended on Defendants' behalf since the Complaint was filed and Defendants have been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $66,107.63 Interest Through 3/07/07 6,134.55 Per Diem $12.45 Late Charges 298.87 Legal fees 1,325.00 Cost of Suit and Title 902.00 Sheriffs Sale Costs 0.00 Property Inspections 120.90 Appraisal/BPO 0.00 MIP/PMI 0.00 NSF 20.00 Suspense/Misc. Credits 0.00 Escrow Deficit 6,400.05 TOTAL $819309.00 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendants. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. lljijan & S eg, LLP /-M?44puire Date: Bj Michele M. Bradfo , sqAttorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Suntrust Mortgage, Inc. Plaintiff vs. ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division : Cumberland County Ricky L. Peck No. 06-2163 Defendants MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE Defendants executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 220 Pine School Road, Gardners, PA 17324. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendants defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendants credit for monthly payments tendered through bankruptcy, if any. H. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Co poration of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company V. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendants as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendants' failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagors to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagors are also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagors have breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. INTEREST The Mortgage clearly requires that the Defendants shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff's sale has been requested. IV. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. V. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d l l20 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. V1. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. J1 H in? /&! S/chmi , LLP / LI DATE: By l ` Michele . Bradford, squire Attorney for Plaintiff Exhibit "A" -) t PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 _ ------133873 SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 26149, VA 23261 RICHMOND, VA 23224-2243 Plaintiff V. RICKY L. PECK 220 PINE SCHOOL ROAD GARNDERS, PA 17324 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM DQr?Z U Ctv1L NO. 0b-- CUMBERLAND COUNTY Defendant CIVIL ACTION - LAW - -,?, COMPLAINT IN MORTGAGE FORECLOSURE NOTICE -= -' c5 You have been sued in court. If you wish to defend against the claims set forth in they' 11 WM- g -` pages, you rn? t•take action within twenty (20) days after this complaint and notice are served; CJ-1 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 LAWYFR AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD '1-0 HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 ( 800)990-9108 ATTORNEY FT.E COPY PLEAK RETURN He #: 133873 vi'irc trot. czar r? ?;1 ;-c-)Fjy of the ?rlgrr?a? t;f : of recow PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 133873 SUN'TRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 26149, VA 23261 RICHMOND, VA 23224-2243 Plaintiff V. RICKY L. PECK 220 PINE SCHOOL ROAD GARNDERS, PA 17324 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE You have been sued in court- If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 _ y >rvi i? to b9, a true and co; ruc} :out -)Fig rl ? iJe i of record; File k 133873 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED TB[AT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(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 OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR. RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 133873 Plaintiff is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 26149, VA 23261 RICHMOND, VA 23224-2243 2. The name(s) and last known address(es) of the Defendant(s) are: RICKY L. PECK 220 PINE SCHOOL ROAD GARNDERS, PA 17324 who is/are the mortgagor(s) and real owner(s) of the property hereinafter described. 3. On 11/21/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ADAMS COUNTY NATIONAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1740, Page: 1767. By Assignment of Mortgage recorded 02/04/02 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 654, Page 1952. 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/01/2005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File M 133873 The following amounts arc due on the mortgage: Principal Balance $66,107.63 Interest 2,041.80 11/01/2005 through 04/13/2006 (Per Diem $12.45) Attorney's Fees 1,225.00 Cumulative Late Charges 252.89 11/21/2001 to 04/13/2006 Cost of Suit and Title Search $ 550.00 Subtotal $ 70,177.32 Escrow Credit 0.00 Deficit 2,387.42 Subtotal $ 2,387.42 TOTAL $ 72,564.74 The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 72,564.74, together with interest from 04/13%2006 at the rate of $12,45 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 133873 LEGAL DESCRIPTION ALL those two certain tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road, said point being opposite the wing wall of a concrete bridge; thence by lands now or fonnerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, of which the described premises was a part, North 14 degrees 20 minutes West 150 feet to an iron pin; thence by the same, North 79 degrees 30 minutes East 285.5 feet to an iron pin; thence by the same, South 1 I degrees 52 minutes East 150 feet to a point in the approximate center line of the aforesaid road; thence in said road, by a slight curve to the left, the chord of which measures South 79 degrees 15 minutes West 279 feet, to the Place of BEGINNING. CONTAEVING.974 Acre. Tract No. 2: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road; thence by lands now or formerly of Guy L. Peck and Esther V. Peck, his wife, North I 1 degrees 52 minutes West 150 feet to an iron pin; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, North 79 degrees 30 minutes East 100 feet to an iron pin; thence by the same, South 11 degrees East 154 feet to a point in the approximate center of the aforesaid road; thence in said road, South 82 degrees 20 minutes West 97.5 feet to the Place of BEGINNING. CONT.AIlVING.34 Acre, more or less. TRACTS NO. 1 and 2 HAVING thereon erected a frame dwelling house known and numbered as R.D. #l, Box 241, Gardners, PA 17324. BEING THE SAME PREMISES which Harold O. Peck and Norma Peck, his wife, by Deed dated and recorded December 31, 1986 in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book 'K', Volume 32, Page 638 granted and conveyed unto Ricky L. Peck and Bonnie S. Peck, Grantors herein. PROPERTY BEING: 220 PINE SCHOOL ROAD File #: 133973 Exhibit "B" PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIRG Identification No. 62205 One Penn Center at Pk Suburban Station - Suite 1400 kC 00,, Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 SUNTRUST MORTGAGE, INC. : CUMBERLAND COUNTY : COURT OF COMMON F4,EA?S C VS. CIVIL DIVISION K, .173 RICKY L. PECKO?'? `F. N) -D9 - 'a5yr NO. 06-2163 i? C PRAECIPE TO REDUCE ORDER TO JUDGMENT L;, cn TO THE PROTHONOTARY: Kindly enter Summary Judgment in favor of the plaintiff and against RICKY L. PECK . Defendant(s) in accordance with the Court's Order dated 9/6/06, Assess Plaintiffs damages against RICKY L. PECK as follows: As set forth in the Order Interest -4113/06 916/06 TOTAL DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTIIY $72,564.74 $1,817.70 $74,382.44 Qh? ?33s-r3 ei7r r?oi eee r 1 J : 44 NU. _3y4 P05 3 -3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNT`, PENNSYLVANIA Sunlr. ust Mortgage, Inc, 1001 Semmes Avenue P.O. Box 26149, VA 23261 Richmond, VA 23224-2243 Plaintiff' vs_ : Court of Common Pleas . Civil Division : Cumberland County Ricky L. Peck 220 fine School Roar) Gat nders, PA 17324 Defendant ; No. 06-2;163 CIVIL 0&DFR AND NOW, this day of , 2006 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof; and upon consideration of the Response, if any, filed by Defendant, the Court determines that Plaintiff is entitled to Summary Judgment as a matter of law, and it is hereby; ORDERED and DECUED that an in rem judgment is entered in favor of Plaintiff and against Defendant, Ricky L. peck, for $72,564.74 plus interest from April 13, 2006 at the rate of $12.45 per diem and other costs and charges Collectible under the mortgage, for foreclosure and sale of the mortgaged properly - 'r ft IE CO" FWM A RD INY Who w, # h" tj* sec ry ham ft W101 sold Cam GUN& ft. dliat .2&V VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. llcqelc llan ,alli ?& c ieg, LLP DATE: at By: J? F I M. Bradfo , squire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Suntrust Mortgage, Inc. Plaintiff vs. Ricky L. Peck Defendants ATTORNEY FOR PLAINTIFF Court of Common Pleas : Civil Division Cumberland County : No. 06-2163 CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof were sent to the following individuals on the date indicated below. Ricky L. Peck 220 Pine School Road Garnders, PA 17324 Frank E. Yourick, Esquire P.O. Box 644 Murrysville, PA 15668 Phelan Hallman & Schmieg, UP DATE: U Bey: I 6/1 Michele M. radford, Esquire Attorney for Plaintiff SALE DATE: MARCH 7, 2007 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW SUNTRUST MORTGAGE, INC. No.: 06-2163 CIVIL VS. RICKY L. PECK AFFIDAVIT PURSUANT TO RULE 3129.1 AND RETURN OF SERVICE PURSUANT TO Pa. R.C.P. 405 OF NOTICE OF SALE Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 220 PINE SCHOOL ROAD, GARDNERS, PA 17324. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the attached Affidavit No. 2 (previously filed) and Amended Affidavit No. 2 on the date indicated, and a copy of the notice is attached as an Exhibit. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. DANIEL SCHMIEG, ES UIRE Attorney for Plaintiff January 25, 2007 r ?am ? ? ? ? W tJ ~ A FL G Is m z ~-Ob ftl (z 70 on -0 Jm in >. O "d O p. Rz Z ? ?? ? w r 'py p fp1 e? Cp p u Hill On fix tirr wtH[?sovhi • 07 1141 $01 ,, R 0004218010 OCT•08 008 MAfLFD FROM ZIPGOOE 19103 C' .? ? t SUNTRUST MORTGAGE, INC., PLAINTIFF V. RICKY L. PECK, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : 06-2163 CIVIL TERM ORDER OF COURT --? AND NOW, this \ day of January, 2007, a Rule is entered against defendant to show cause why the within motion to reassess damages should not be granted. Rule returnable ten (10) days after service. Any answers filed shall be forwarded by the Prothonotary to chambers. By the Court Edgar B. Bayley, 1. Michele M. Bradford, Esquire Frank E. Yourick, Esquire Ricky L. Peck 110 Pine School Road Gardners, PA 117324 :sal cr; ?. U-1 )7- C c co - LU r7 t.L d ?'1 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Suntrust Mortgage, Inc. Court of Common Pleas Plaintiff : Civil Division vs. Ricky L. Peck : Cumberland County : No. 06-2163 Defendants CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of the January 31, 2007 Rule directing the defendant to show by February 19, 2007 was sent to the following individuals on the date indicated below. Ricky L. Peck 220 Pine School Road Garnders, PA 17324 DATE: O Frank E. Yourick, Esquire P.O. Box 644 Murrysville, PA 15668 Phelan Hallman & Schmie LLP B: Miche e M. Bradfor ,Esquire Attorney for Plaintiff ?"? ?-?, ?= ?, ?-? ?? r- ? ?;,?-, - ? } ,, F ?. -: - - ? ? ?. . :.i , ;,:` ? ? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Suntrust Mortgage, Inc. Court of Common Pleas Plaintiff : Civil Division Vs. Ricky L. Peck : Cumberland County : No. 06-2163 Defendants PRAECIPE TO WITHDRAW MOTION TO REASSESS DAMAGES TO THE PROTHONOTARY: Plaintiff hereby withdraws the Motion to Reassesses Damages, which it filed on January 24, 2007. Xh Bradfo d, Esq ' e C Date Attorney for Plaintiff ! - -? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. T.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Suntrust Mortgage, Inc. Plaintiff vs. Ricky L. Peck Defendants Court of Common Pleas Civil Division Cumberland County : No. 06-2163 CERTIFICATION OF SERVICE I hereby certify that a true and correct copy of Plaintiffs Praecipe to Withdraw its Motion to Reassesses Damages was sent via first class mail to the person on the date listed below: Ricky L. Peck 220 Pine School Road Garnders, PA 17324 Frank E. Yourick, Esquire P.O. Box 644 Murrysville, PA 15668 DATE: aee. B a o d, ots4t4e Attorney for Plaintiff ? ' cz3 °t co Suntrust Mortgage, Inc. VS Ricky L. Peck In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-2163 Civil Term Brian Barrick, Deputy Sheriff, who being duly sworn according to law, states that on December 14, 2006 at 1946 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Ricky L. Peck, by making known unto Ricky L. Peck personally, at 220 Pine School Road, Garders, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Valerie Weary, Deputy Sheriff, who being duly sworn according to law, states that on January 19, 2007 at 1140 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ricky L. Peck located at 220 Pine School Road, Gardners, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Ricky L. Peck, by regular mail to his last known address of 220 Pine School Road, Gardners, PA 17324. This letter was mailed under the date of January 12, 2007 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of instruction from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 23.07 Posting Handbills 30.00 Advertising 30.00 Law Library .50 Prothonotary 1.00 Certified Mail 2.10 Mileage 17.60 Levy 30.00 Surcharge 30.00 101. 0 ?5169 altlsg l?a2I 900Z ` I £ aagoja0 : ajuQ •uia.Iatl palezodzoaut aauanjaz sigj ,?q pu-e jpm siq tljtnn palg -,,V» ?!giqxg uo pagljosap Xllnj a zotu `s zaup iuD ??`loouaS quid OZZ s? pazagtunu pug umotr}I Vd ?XjunoD PULIpaquinD `digsumoZ uololpp W TnoS ul palunlis kpadoid pew aqj ui isaialut s juupuajap atgj uodn painal 3ji.iauS atll 90OZ ` i £ iagola0 u0 £0 # alts allnsg PON ?' ? ?? ?tI G,? 9u01 Ono Q Mon 6:LLS PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2 and February 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements a^ to time, place and character of publication are true. a- -2 A?Ir- a Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 9 day of F NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County M1v Commission Expires March 5, 20©9 Law Journal 503.00 Patriot News 462.65 Share of Bills 16.83 $1,176.754 P So Answers: . Thomas Kline, Sheriff BY - Real Estate rgeant SUNTRUST MORTGAGE, INC. Plaintiff, V. RICKY L. PECK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-2163 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) SUNTRUST MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,220 PINE SCHOOL ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICKY L. PECK 220 PINE SCHOOL ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None r? 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) ADAMS COUNTY NATIONAL BANK P.O. BOX 3129 GETTYSBURG, PA 17325 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare FRANK E. YOURICK, JR. 220 PINE SCHOOL ROAD GARDNERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 P.O. BOX 644 MURRYSVILLE PA 15668 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are mad sect to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsificat? to authorities. September 27, 2006 DATE G. SCAMIEqr, ENQUIRE A SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, V. No. 06-2163 CIVIL RICKY L. PECK Defendant(s). September 27, 2006 TO: RICKY L. PECK 220 PINE SCHOOL ROAD GARDNERS, PA 17324 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 220 PINE SCHOOL ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriffs Sale on 3/7/07 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $74,382.44 obtained by SUNTRUST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL those two certain tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road, said point being opposite the wing wall of a concrete bridge; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, of which the described premises was a part, North 14 degrees 20 minutes West 150 feet to an iron pin; thence by the same, North 79 degrees 30 minutes East 285.5 feet to an iron pin; thence by the same, South 11 degrees 52 minutes East 150 feet to a point in the approximate center line of the aforesaid road; thence in said road, by a slight curve to the left, the chord of which measures South 79 degrees 15 minutes West 279 feet, to the Place of BEGINNING. CONTAINING.974 Acre. Tract No. 2: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road; thence by lands now or formerly of Guy L. Peck and Esther V. Peck, his wife, North 11 degrees 52 minutes West 150 feet to an iron pin; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, North 79 degrees 30 minutes East 100 feet to an iron pin; thence by the same, South 11 degrees East 154 feet to a point in the approximate center of the aforesaid road; thence in said road, South 82 degrees 20 minutes West 97.5 feet to the Place of BEGINNING. CONTAINING.34 Acre, more or less. TRACTS NO. 1 and 2 HAVING thereon erected a frame dwelling house known and numbered as R.D. #1, Box 241, Gardners, PA 17324. BEING THE SAME PREMISES which Harold O. Peck and Norma Peck, his wife, by Deed dated and recorded December 31, 1986 in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book'K', Volume 32, Page 638 granted and conveyed unto Ricky L. Peck and Bonnie S. Peck, Grantors herein. PARCEL IDENTIFICATION NO: 40-40-2654-002 Premises: 220 Pine School Road, Gamders, PA 17324 South Middleton Township, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Ricky L. Peck, by Deed from Ricky L. Peck and Bonnie S. Peck, his wife, dated 3-13-96, recorded 3-18-96, in Deed Book 136, page 256. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2163 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., Plaintiff (s) From RICKY L. PECK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from. paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $72,564.74 L.L. $.50 Interest 4/13/06 TO 9/6/06 - $1,817.70 - 9/6/06 TO 3/7/07 (PER DIEM - $12.23) - $2,225.86 AND COSTS Atty's Comm % Atty Paid $127.60 Plaintiff Paid Date: SEPTEMBER 28, 2006 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Due Prothy $1.00 Other Costs - (?A# A A Curtis &. LongoPrary By: Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 JUBORIaS aj18jsg IWa-d 90OZ `I £ zagojo0 :ajt,(j •uiaiaii pal-elodzoaut aouaaajai si41 Xq put, Ilim sigl 411m palm , ,V,, ?!giqxg uo pagi zosop Kiinj a zouz `siaup it f) '? ?°_`` ' '' `j 'ioogoS quid OZZ su paiaquznu puu umou}I Vd AjunoD puei tagwnD `digsumoZ uolaippIW TnoS ui paltlmis Xljadozd ILaz aui ui isaxajui s,luepuaJap oq uodn painai j3ilauS aqj 90OZ ` I £ iagolo0 u0 £0 # airs alInsg 11"a2I J £ .b v z 9091 V GB C= Wo M?m IF n THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly swom according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot- News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared in the 24th and 31st day(s) of January and the 7th day(s) of February 2007. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION .....................Pd . COPY Swom to and subs o26th day o f February 2007 A.D. SALE#3 Notarial Seal Terry L. Russell, Notary Public City Of Har 'sburg, DA?aapphin County fuly Commis?on ExpfrJune 6, 2010 NOTXRY CUMBERLAND COUNTY SHERIFF'S OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 ALL dw wo 5aA #i: and point bang me of a COO- a bti*, &mw by hub aov or futmaly of Wbw K WbW aid bkidred M. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law- Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: January 26, February 2 and February 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements a, to time, place and character of publication are true. Z/"- Z?x Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 9 day of February, 2007 NOTARIAL SEAL LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County 1r?v Comnnission Expires March 5, 2009 REAL ESTATE SALE NO. 3 Writ No. 2006-2163 Civil Suntrust Mortgage, Inc. vs. Ricky L. Peck Atty.: Daniel Schmieg DESCRIPTION ALL those two certain tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows: Tract No. 1: BEGINNING at a point in the approximate center line of the public road leading from Hunt- ers Run to the Oxford Road, said point being opposite the wing wall of a concrete bridge; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, of which the described premises was a part, North 14 degrees 20 min- utes West 150 feet to an iron pin: thence by the same, North 79 de- grees 30 minutes East 285.5 feet to an iron pin; thence by the same, South 11 degrees 52 minutes East 150 feet to a point in the approxi- mate center line of the aforesaid road; thence in said road, by a slight curve to the left, the chord of which measures South 79 degrees 15 min- utes West 279 feet, to the Place of BEGINNING. CONTAINING .974 Acre. Tract No. 2: BEGINNING at a point in the approximate center line of the public road leading from Hunt- ers Run to the Oxford Road; thence by lands now or formerly of Guy L. Peck and Esther V. Peck, his wife, North 11 degrees 52 minutes West 150 feet to an iron pin; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, North 79 degrees 30 minutes East 100 feet to an iron pin; thence by the same, South 11 degrees East 154 feet to a point in the approxi- mate center of the aforesaid road; thence in said road, South 82 de- grees 20 minutes West 97.5 feet to the Place of BEGINNING. CONTAIN- ING .34 Acre, more or less. TRACTS NO. 1 and 2 HAVING thereon erected a frame dwelling house known and numbered as R.D. #1, Box 241, Gardners, PA 17324. BEING THE SAME PREMISES which Harold O. Peck and Norma Peck, his wife, by Deed dated and recorded December 31, 1986 In the Office of the Recorder of Deeds, in and for Cumberland County, Penn- sylvania in Deed Book 'K', Volume 32, Page 638 granted and conveyed unto Ricky L. Peck and Bonnie S. Peck, Grantors herein. PARCEL IDENTIFICATION NO: 40-40-2654-002. Premises: 220 Pine School Road, Garriders, PA 17324, South Middle- ton Township, Cumberland Cnuntu PRAECIPE FOR WRIT OF EXECUTION- (MORTGAGE FORECLOSURE) P.R.C.P. 3180-3183 SUNTRUST MORTGAGE, INC. Plaintiff, V. RICKY L. PECK Defendant(s). No. 06-2163 CIVIL TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $72,564.74 Interest from 9/7/07 TO 9/11/08 $3,328.47and Costs (per diem -$12.23) Add'l Costs $4,423.50 TOTAL $80,316.7 Z ANIEL G. SCHU MIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event',that a representative of the plaintiff is not present at the sale. 133873 Y vl w? o? w? a?z Oz a O H u4 000 ?z O w U 9-? b ° C> R V z cw7 CQ7 aI a V a V a 0 U ? u H u it rrO'' RS W o aw, FBI w H 40, N N M a v? a w z ?a oa O x z a 0 N N N 'd b b H a, M 00 M M 1 A ^ • Y, T y n ' I C IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Ricky L Peck Crystal M. Peck Debtor(s) Chapter 13 Case No.: 1:07-bk-00417-MDF ORDER DISMISSING CASE Upon consideration of Trustee's Certificate of Default of Stipulation in settlement of the Trustee's prior Motion to Dismiss, and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By that Court, A&V Dated: November 14, 2007 ?111tJ! ` (BW) This document is elcirontcafty signed and fikd:an the same date. MOPA-013M1332.WPT REV 8/05 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff, . V. RICKY L. PECK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-2163 CIVIL CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: 0 an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 1 27- SUNTRUST MORTGAGE, INC. , Plaintiff, , v. RICKY L. PECK Defendant(s). , CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-2163 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) SUNTRUST MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,220 PINE SCHOOL ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICKY L. PECK 220 PINE SCHOOL ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Adams County National Bank P.O. Box 3129 Gettysburg, PA 17325 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Frank E. Yourick, Jr. 220 PINE SCHOOL ROAD GARDNERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 P.O. Box 644 Murrysville, PA 15688 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn fal ' ication to autho December 27, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff C7 P-g -ILI SUNTRUST MORTGAGE, INC. Plaintiff, V. RICKY L. PECK Defendant(s). CUMBERLAND COUNTY No. 06-2163 CIVIL February 6, 2008 TO: RICKY L. PECK 220 PINE SCHOOL ROAD GARDNERS, PA 17324 "THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 220 PINE SCHOOL ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $72,564.74obtained by SUNTRUST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 DESCRIPTION ALL those two certain tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road, said point being opposite the wing wall of a concrete bridge; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, of which the described premises was a part, North 14 degrees 20 minutes West 150 feet to an iron pin; thence by the same, North 79 degrees 30 minutes East 285.5 feet to an iron pin; thence by the same, South I 1 degrees 52 minutes East 150 feet to a point in the approximate center line of the aforesaid road; thence in said road, by a slight curve to the left, the chord of which measures South 79 degrees IS minutes West 279 feet, to the Place of BEGINNING. CONTAINING.974 Acre. Tract No. 2: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road; thence by lands now or formerly of Guy L. Peck and Esther V. Peck, his wife, North 11 degrees 52 minutes West 150 feet to an iron pin; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, North 79 degrees 30 minutes East 100 feet to an iron pin; thence by the same, South 11 degrees East 154 feet to a point in the approximate center of the aforesaid road; thence in said road, South 82 degrees 20 minutes West 97.5 feet to the Place of BEGINNING. CONTAINING.34 Acre, more or less. TRACTS NO. 1 and 2 HAVING thereon erected a frame dwelling house known and numbered as R.D. #1, Box 241, Gardners, PA 17324. BEING THE SAME PREMISES which Harold O. Peck and Norma Peck, his wife, by Deed dated and recorded December 31, 1986 in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book'K', Volume 32, Page 638 granted and conveyed unto Ricky L. Peck and Bonnie S. Peck, Grantors herein. PARCEL IDENTIFICATION NO: 40-40-2654-002 Premises: 220 Pine School Road, Garnders, PA 17324 South Middleton Township, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Ricky L. Peck, by Deed from Ricky L. Peck and Bonnie S. Peck, his wife, dated 3-13-96, recorded 3-18-96, in Deed Book 136, page 256. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2163 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., Plaintiff (s) From RICKY L. PECK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $72,564.74 L.L. Interest FROM 9/7/07 TO 9/11/08 (PER DIEM - $12.23) - $3,328.47 AND COSTS Atty's Comm % Atty Paid $1,325.85 Plaintiff Paid Date: FEBRUARY 7, 2008 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs ADD'L COSTS - $4,423.50 Curtis R. Long, Protho By: Deputy Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-215-563-7000 Supreme Court ID No. 62205 AFFIDAVIT OF SERVICE PLAINTIFF SUNTRUST MORTGAGE, INC. DEFENDANT(S) RICKY L. PECK SERVE RICKY L. PECK AT 220 PINE SCHOOL ROAD GARDNERS, PA 17324 CUMBERLAND COUNTY No. 06-2163 CIVIL ACCT. #133873 Type of Action - Notice of Sheriffs Sale Sale Date: JUNE 11, 2008 SERVED Served and made known to Ll (C.9V I- 4-)F_??++? Defendant, on the day of M t'{ 2002 at =30 , o'clock P.m., at 120 Pjrrr, JG10o1. R Oft Oft GpRD IJ j?,QS , Commonwealth of Pennsylvania, in the manner described below: Defendant personally served. V .__Adult family member with whom Defendant(s) reside(s). Name and Relationship is C' S-ML , WIFE Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: s Description: Age /? Height -? Weight ? Race T+? Sex Other 1, ?AA-D / t' Id LL a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriff's Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and sub ribed before me this d of V"??s P,e 200 Not ? By: PL ASE ATTEMPPTT CE AT LEAST 3 TIMES. INDICATE DATES & TIMES OF SERVICE ATTEMPTED. THEODORE J. tiA? NOTARY PUBLIC NOT SERVED STATE OF NEW JERSEY MgtS1pdcIRFS 1012512012 200_, at o'clock _.m., Defendant NOT FOUND because: Moved Unknown No Answer 1" Attempt: Time: 3rd Attempt: / / Time: Sworn to and subscribed before me this day of , 200-. Notary: Vacant 2nd Attempt: / / Time: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 8 ?.? 9 S' 1.r V - It SUNTRUST MORTGAGE, INC. CUMBERLAND COUNTY Plaintiff, V. COURT OF COMMON PLEAS RICKY L. PECK CIVIL DIVISION Defendant(s). NO. 06-2163 CIVIL AMENDED AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) SITNTRITST MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,220 PINE. SCHOOL ROAD, GARDNERS, PA 17324 _ 1. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program Last Known Address (if address cannot be reasonably ascertained, please indicate) 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. A May -5, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff t' IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SUNTRUST MORTGAGE, INC. Plaintiff V. RICKY L. PECK Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-2163 CIVIL AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 220 PINE SCH001, ROAn GARDNF.RS, PAS, As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. Q r DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Date: May 5, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not he cold in the ahcence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 133873 Ir Y- y w O a ati I Ii. A Jb zoo .11 ? SO L 8 6 3000clZ MIU MM BOOL 1083 0WS LZti000 $ :ON-zo $ W4 ZO ., s3w0o aswi?d ?.?r !1 .• 8 en n W3 Q , w ? O =A\ a N A c N ? . 00 914 c'3 ? a' 3 W a' V N . p ?'o A H M 8 -? ? .? e6 a re O ? w 0 o N a U ?N a • U d w v a* p ° x A ? cg ?a ?9 w C?] a 4 F?, c'? ? ? E z m '" N e+i v .n %0 n oo as O N M ? r C'? rv t ?' ?fi ? --? • ?C . ? C"' €P:: ,? ?` <._ .,. ? ? ? T `?„? .C"' '^? PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff VS. RICKY L. PECK Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-2163 CIVIL PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on April 17, 2006, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A55. 2. Judgment was entered by Court Order dated September 6, 2006. Praecipe to Reduce Order to Judgment was filed on September 28, 2006 in the amount of $74,382.44. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. A Sheriffs Sale of the mortgaged property at 220 PINE SCHOOL ROAD, GARNDERS, PA 17324 (hereinafter the "Property") was postponed or stayed for the following reason: a.) The Defendant filed a Chapter 13 Bankruptcy at Docket Number 07-00417 on February 15, 2007. The Bankruptcy was dismissed by order of court dated November 14, 2007. A true and correct copy of the Bankruptcy Court Order is attached hereto, made part hereof, and marked as Exhibit "C". 5. The Property is listed for Sheriffs Sale on June 11, 2008. 6. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $66,107.63 Interest Through June 11, 2008 $11,865.46 Per Diem $12.45 Late Charges $620.73 Legal fees $2,000.00 Cost of Suit and Title $1,373.50 Sheriffs Sale Costs $1,122.35 Property Inspections/ Property Preservation $9.30 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $20.00 Suspense/Misc. Credits ($0.00) Escrow Deficit $9,552.94 TOTAL $92,671.91 7. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 8. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 9. Plaintiff's foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff's attached brief. 10. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on May 22, 2008 and requested the Defendant's concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "D". 11. In compliance with Cumberland County Local Rule 209.3(a)(2), Plaintiff avers that Judge Bayley entered an order for Summary Judgment dated September 6, 2006. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: D P g, LLP By Brad ord, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff VS. ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County RICKY L. PECK Defendant No. 06-2163 CIVIL MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE RICKY L. PECK executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 220 PINE SCHOOL ROAD, GARNDERS, PA 17324. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958). Chase Home Mortgage Corporation of the Southwest v. Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Corp. v. Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. of N.Y. vs. Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v. Ciongoli, 407 Pa.Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriffs sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings and Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: l? By: Mi held M. Bradtor Attorney for Plaintiff LLP Exhibit "A" a PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 _133873 (215) 563-70M SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 26149, VA 23261 RICHMOND, VA 23224-2243 Plaintiff V. RICKY L. PECK 220 PINE SCHOOL ROAD GARNDERS, PA 17324 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM O`P - 2-t W -5 G"v 1 L NO. 04- ) to 0, uO ? CUMBERLAND COUNTY C; C Defendant !Ti CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE NOTICE t . - -$ You have been sued in court. If you wish to defend against the claims set forth in they` llovng l y .- pages, you must take action within twenty (20) days after this complaint and notice are served; -? entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 PLEASF RETURN File N: 133973 V',ili?ltli ¢U - CUrt-.4. + t'J4i at 1-! Ur; '1110 c.,, _-nupy of the 'riAinal tr1e ,d Of record IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 et seq. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF. IF DEFENDANT(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 OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. File #: 133873 1. Plaintiff is SUNTRUST MORTGAGE, INC. 1001 SEMMES AVENUE P.O. BOX 26149, VA 23261 RICHMOND, VA 23224-2243 The name(s) and last known address(es) of the Defendant(s) are: RICKY L. PECK 220 PINE SCHOOL ROAD GARNDERS, PA 17324 who islare the mortgagor(s) and real owner(s) of the property hereinafter described. On 11/21/2001 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to ADAMS COUNTY NATIONAL BANK which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1740, Page: 1767. By Assignment of Mortgage recorded 02/04/02 the mortgage was Assigned To PLAINTIFF which Assignment is recorded in Assignment Of Mortgage Book No. 684, Page 1952. 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 12/0112005 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 133873 6. The following amounts are due on the mortgage: Principal Balance $66,107.63 Interest 2,041.80 11/01/2005 through 04/13/2006 (Per Diem $12.45) Attorney's Fees 1,225.00 Cumulative Late Charges 252.89 11/21/2001 to 04/13/2006 Cost of Suit and Title Search 550.00 Subtotal $ 70,177.32 Escrow Credit 0.00 Deficit 2,387.42 Subtotal $ 2,387.42 TOTAL $ 72,564.74 7. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriffs Sale. If the Mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged. 8. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 9. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $ 72,564.74, together with interest from 04/13%2006 at the rate of $12.45 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP "?" /a 'e-'e4 ? By: /s/Francis S. Hallinan LAWRENCE T. PHELAN, ESQUIRE FRANCIS S. HALLINAN, ESQUIRE Attorneys for Plaintiff File #: 133873 LEGAL DESCRIPTION ALL those two certain tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road, said point being opposite the wing wall of a concrete bridge; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, of which the described premises was a part, North 14 degrees 20 minutes West 150 feet to an iron pin; thence by the same, North 79 degrees 30 minutes East 285.5 feet to an iron pin; thence by the same, South 11 degrees 52 minutes East 150 feet to a point in the approximate center line of the aforesaid road; thence in said road, by a slight curve to the left, the chord of which measures South 79 degrees 15 minutes West 279 feet, to the Place of BEGINNING. CONTAINING.974 Acre. Tract No. 2: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road; thence by lands now or formerly of Guy L. Peck and Esther V. Peck, his wife, North i 1 degrees 52 minutes West 150 feet to an iron pin; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, North 79 degrees 30 minutes East 100 feet to an iron pin; thence by the same, South 11 degrees East 154 feet to a point in the approximate center of the aforesaid road; thence in said road, South 82 degrees 20 minutes West 97.5 feet to the Place of BEGINNING. CONTAINING .34 Acre, more or less. TRACTS NO. 1 and 2 HAVING thereon erected a frame dwelling house known and numbered as R.D. #1, Box 241, Gardners, PA 17324. BEING THE SAME PREMISES which Harold O. Peck and Norma Peck, his wife, by Deed dated and recorded December 31, 1986 in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book 'K', Volume 32, Page 638 granted and conveyed unto Ricky L. Peck and Bonnie S. Peck, Grantors herein. PROPERTY BEING: 220 PINE SCHOOL ROAD File #: 133873 FRANCIS S. HALLINAN, ESQUIRE hereby states that he is attorney for PLAINTIFF in this matter, that Plaintiff is outside the jurisdiction of the court and or the Verification could not be obtained within the time allowed for the filing on the pleading, that he is authorized to make this verification pursuant to Pa. R. C. P. 1024 ( c ) and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of his knowledge, information and belief. Furthermore, it is counsel's intention to substitute a verification from Plaintiff as soon as it is received by counsel . The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. FRANCIS S. HALLINAN, ESQUIRE Attorney for Plaintiff DATE: Exhibit "B" eiyiac??er?r?o 1J: 44 NU..5J4 D05 i P?YO.' 1 33YJ3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Suntt•ust Mortgage, Inc, 1001 Sommes Avenue P.O. Box 26149, VA 23261 Court of Common Pleas Richmond, VA 23224-2243 Plaintiff ; Civil Division VS. : Cumberland County Ricky L. Peck 220 pine School Rood No. 06-2x63 CIVIL Carnders, PA 17324 Defendant Q R n F R AND NOW, this day of , 2006 upon consideration of Plaintiffs Motion for Summary Judgment and Brief in Support thereof, and upon consideration of the Response, if any, filed by Defendant, the Court detennirtes that Plaintiff is entitled to Summary Jud6tment as a matter of law, and it is hereby; ORDERED and DECREED that an in r= judgment is entered in favor of Plaintiff and against Defendant, Ricky L. Peck, for $72,564.74 plus interest from April 13, 2006 at the rate of $12.45 per diem and other costs and charges collectible under the mortgage, for foreclosure and sale of the mortgaged property, irldie Co" FROM.-AEGON) hilvono OWN halu. tf tel si 101 Court ft. + err. a ? PHELAN HALLINAN & SCHWEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 One Penn Center at Suburban Station - Suite 1400 Philadelphia, PA 19103 Attorney for Plaintiff (215) 563-7000 SUNTRUSP MORTGAGE, INC. VS. RICKY L. PECK ??t CUMBERLAND COUNTY COURT OF COMMON g,EA4 CIVIL DIVISION ?_ rn M, rn = r*? r ? ?T N m NO. 06-2163 c_ z c?7 PRAECIPE TO REDUCE ORDER TO a DGMENT z 9 TO THE PROTHONOTARY: D Kindly enter Summary Judgment in favor of the Plaintiff and against RICKY L, PECK , Defendant(s) in accordance with the Courts Order dated 9/6/06, Assess Plaintiffs damages against RICKY L. PECK as follows: As set forth in the Order Interest -4/13/06 9/6106 TOTAL DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: PRO PROTHY $72,564.74 $1,817.70 $74,382.44 a A446, 90 AY r Phs? ?3??3 Exhibit "C" IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: Ricky L Peck Crystal M. Peck Debtor(s) Chapter 13 Case No.: 1:07-bk-00417-MDF ORDER DISMISSING CASE Upon consideration of Trustee's Certificate of Default of Stipulation in settlement of the Trustee's prior Motion to Dismiss, and it having been determined that this case should be dismissed, it is ORDERED that the case of the above-named debtor(s) be and it hereby is dismissed and it is further ORDERED that the trustee hereby is discharged from further responsibility in this case, and it is further ORDERED that all pending adversary proceedings in this case be and they hereby are dismissed, and it is further ORDERED that any outstanding fees are immediately due and payable to the U.S. Bankruptcy Court. By the C'owt, T??. Dated: November 14, 2007 Ban . JUd,fe (BW) This document is electronically signed and faded on the same date. MDPA-DISMISUMPT REV 6/05 Exhibit "D" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey May 22, 2008 RICKY L. PECK 220 PINE SCHOOL ROAD GARNDERS, PA 17324 RE: SUNTRUST MORTGAGE, INC. vs. RICKY L. PECK Premises Address: 220 PINE SCHOOL ROAD GARNDERS, PA 17324 CUMBERLAND County CCP, No. 06-2163 CIVIL Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me within 5 days, by Tuesday, May 27, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. TVe MBraf uire Fo r Phelan Hallinan & Schmieg, LLP Enclosure ?1. O O a? f1, ? ?l Y-y W o x ? U Q ? Y U as a C d H ? i v zoo NT D. U .? O H U g oo ,g 'a v o y fi C w b O Qy w aooatz Woa? MINN . ? A P,. e v ? . ? A ( 3 z AV" 0 6os LzGOOO ? E 0 W6 z0 O C ?y O $ 0 3 V s ,? a d w ® C hid' A3? 1 E ? W .o d O O o I. u v s I U-0 c l y A ' ? 3 d ?<^>,r,. bpd Ste' ?? ? °' N C4 ?' U N V g ttf v w Vl a G u w 7 C ?? . a E vo U u W a,vE4°. y w N U N U 0 110 t ? ay U U O a u ? = Ml -? ? Qr E ? mp IT CA o en g .= a C O d ? ? ? moo a v moo d ? v ., v 0 a G a ra w a „? ? ? O x ? T O u a° w ? w a v?1 N N ti x a D ?y U w O u U w O a (W o 0 ?a x z u z Gz, ° a en M h a a °? E h z' .' a? ?--? N M et vl ?O t- 00 (7? O N ri I* W) H VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unsworn falsification to authorities. CAPhl 11 an c ieg LLP DATE: By: ele Bradford, qu e Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division vs. RICKY L. PECK Defendant CUMBERLAND County No. 06-2163 CIVIL CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. RICKY L. PECK 220 PINE SCHOOL ROAD GARNDERS, PA 17324 DATE: dad b FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYSVILLE, PA 15668 Vhhell ieg, LLP By: Bradford, Es re Attorney for Plaintiff ?°.i h.9 7 ?? v 'r' ? T -'r'1 f:._ ? ii _ l 4::t ? t PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff VS. RICKY L. PECK Defendant TO THE PROTHONOTARY: PRAECIPE ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-2163 CIVIL Plaintiff hereby withdraws its Motion to Reassess Damages, filed on May 29, 2008 in the above referenced action. DATE: (S hM LP By: Mi Attorney f or Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 SUNTRUST MORTGAGE, INC. Plaintiff VS. RICKY L. PECK Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 06-2163 CIVIL CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. RICKY L. PECK 220 PINE SCHOOL ROAD GARNDERS, PA 17324 DATE: ad 61 By: FRANK E. YOURICK, JR., ESQUIRE P.O. BOX 644 MURRYSVILLE, PA 15668 hc iLLP M. radford, •squi Attorney for Plaintiff C?' _ "??-?' ???' . ? ?' - ??. ... ? i ?` ?.?'T' ? ?+ '`?' Suntrust Mortgage VS Ricky L. Peck In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-2163 Civil Term Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on February 19, 2008 at 1806 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Ricky L. Peck, by making known unto Ricky L. Peck personally, at 220 Pine School Road, Gardners, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states than on April 4, 2008 at 0925 hours, he posted two (2) tracts with a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Ricky L. Peck located at 220 Pine School Road, Gardners, Cumberland County, Pennsylvania, according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Ricky L. Peck, by regular mail to his last known address of 220 Pine School Road, Gardners, PA 17324. This letter was mailed under the date of March 31, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriff's Costs: Docketing $30.00 Poundage 1,911.53 Posting Bills 30.00 Advertising 30.00 Law Library .50 Prothonotary 2.00 Mileage 19.20 Levy 30.00 Surcharge 30.00 Law Journal 497.00 Patriot News 459.59 Share of Bills 14.73 $3,054.55 So Answers: R. Thomas Kline, Sheriff BY Real Estate ergeant ¢?.Ob SUNTRUST MORTGAGE, INC. Plaintiff, V. , RICKY L. PECK Defendant(s). v CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 06-2163 CIVIL AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) SUNTRUST MORTGAGE, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at,220 PINE SCHOOL ROAD, GARDNERS, PA 17324. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) RICKY L. PECK 220 PINE SCHOOL ROAD GARDNERS, PA 17324 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Dame Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Adams County National Bank P.O. Box 3129 Gettysburg, PA 17325 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Frank E. Yourick, Jr. 220 PINE SCHOOL ROAD GARDNERS, PA 17324 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 P.O. Box 644 Murrysville, PA 15688 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn fal' cation to autho December 27, 2007 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff SUNTRUST MORTGAGE, INC. Plaintiff, V. RICKY L. PECK Defendant(s). CUMBERLAND COUNTY No. 06-2163 CIVIL February 6, 2008 TO: RICKY L. PECK 220 PINE SCHOOL ROAD GARDNERS, PA 17324 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCYAND TXIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO CO,tLECT A DEBT, BUT ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 220 PINE SCHOOL ROAD, GARDNERS, PA 17324, is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $72,564,74obtainea by SUNTRUST MORTGAGE, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless, exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 (800) 990-9108 ALL those two certain tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract No. 1: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road, said point being opposite the wing wall of a concrete bridge; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, of which the described premises was a part, North 14 degrees 20 minutes West 150 feet to an iron pin; thence by the same, North 79 degrees: 30 minutes East 285.5 feet to an iron pin; thence by the same, South I 1 degrees 52 minutes East 150 feet to a point in the approximate center line of the aforesaid road; thence in said road, by a slight curve to the left, the chord of which measures South 79 degrees 15 minutes West 279 feet, to the Place of BEGINNING. CONTAINING.974 Acre. Tract No. 2: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road; thence by lands now or formerly of Guy L. Peck and Esther V. Peck, his wife, North l 1 degrees 52 minutes West 150 feet to an iron pin; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, North 79 degrees 30 minutes East 100 feet to an iron pin; thence by the same, South I 1 degrees East 154 feet to a point in the approximate center of the aforesaid road; thence in said road, South 82 degrees 20 minutes West 97.5 feet to the Place of BEGINNING. CONTAINING.34 Acre, more or less. TRACTS NO. 1 and 2 HAVING thereon erected a frame dwelling house known and numbered as R.D. # 1, Box 241, Gardners, PA 17324. BEING THE SAME PREMISES which Harold O. Peck and Norma Peck, his wife, by Deed dated and recorded December 31, 1986 in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book'K', Volume 32, Page 638 granted and conveyed unto Ricky L. Peck and Bonnie''S. Peck, Grantors herein. PARCEL IDEN'T'IFICATION NO: 4040-2654-002 Premises: 220 Pine School Road, Gamders, PA 17324 South Middleton Township, Cumberland County Pennsylvania RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Ricky L. Peck, by Deed from Ricky L. Peck and Bonnie S. Peck, his wife, dated 3-13-96, recorded 3-18-96, in Deed Book 136, page 256. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-2163 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SUNTRUST MORTGAGE, INC., Plaintiff (s) From RICKY L. PECK (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof, (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $72,564.74 L.L. Interest FROM 9/7/07 TO 9/11/08 (PER DIEM - $12.23) - $3,328.47 AND COSTS Atty's Comm % Atty Paid $1,325.85 Plaintiff Paid Date: FEBRUARY 7, 2008 Due Prothy $2.00 Other Costs ADD'L COSTS - $4,423.50 (Seal) REQUESTING PARTY: Name DANIEL G. SCHMIEG, ESQUIRE Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-215-563-7000 Curtis R. ong, Protho By: Deputy Supreme Court ID No. 62205 ) mit) Real Estate Sale # 06 On February 14, 2008 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 220 Pine School Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 14, 2008 By: ?a Real Estat Sergeant ZS -? d 8 - 93j 8001 dd'1.iskC:',.r?rY J?12?3NS 3"I 10 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 2, May 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Co . Editor SWORN TO AND SUBSCRIBED before me this 16 day of May, 2008 Notary NOTAR(AL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNiy My Commission Expires Apr 28, 2010 RZAL ZSTATZ SALE NO. 6 Writ No. 2006-2163 Civil Suntrust Mortgage, Inc. vs. Ricky L. Peck Atty.: Daniel Schmieg DESCRIPTION ALL those two certain tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and de- scribed as follows: Tract No. 1: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road, said point being opposite the wing wall of a concrete bridge; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, of which the described premises was a part, North 14 degrees 20 minutes West 150 feet to an iron pin; thence by the same, North 79 degrees 30 minutes East 285.5 feet to an iron pin; thence by the some, South 11 degrees 52 minutes East 150 feet to a point in the approxim de center line of the aforesaid road; thence in said road, by a slight curve to the left, the chord of which measures South 79 degrees 15 minutes West 279 feet, to the Place of BEGINNING. CONTAIN- ING .974 Acre. Tract No. 2: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road; thence by lands now or formerly of Guy L. Peck and Esther V. Peck, his wife, North 11 degrees 52 minutes West 150 feet to an iron pin; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf, his wife, North 79 degrees 30 minutes East 100 feet to an iron pin; thence by the same, South 11 degrees East 154 feet to a point in the approximate center of the aforesaid road; thence in said road, South 82 degrees 20 minutes West 97.5 feet to the Place of BEGIN- NING. CONTAINING .34 Acre, more or less. TRACTS NO. 1 and 2 HAVING thereon erected a frame dwelling house known and numbered as R.D. #1, Box 241, Gardners, PA 17324. BEING THE SAME PREMISES which Harold O. Peck and Norma Peck, his wife, by Deed dated and recorded December 31, 1986 in the office of the Recorder of Deeds, in and for Cumberland County, Penn- sylvania in Deed Book `K', Volume 32, Page 638 granted and conveyed unto Ricky L. Peck and Bonnie S. Peck, Grantors herein. PARCEL IDENTIFICATION NO: 40-40-2654-002. Premises: 220 Pine School Road, Gamders, PA 17324, South Middle- ton Township, Cumberland County, Pennsylvania. RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Ricky L. Peck, by Deed from Ricky L. Peck and Bonnie S. Peck, his wife, dated 3-13-96, re- corded 3-18-96, in Deed Book 136, page 256. i "The Patriot-News Co. { 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE cNow you know CARLISLE PA 17013 THE PATRIOT NEWS' THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin,: State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and- board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/23/08 ?r 04130/08 05107108 . . . . . •\. . • Y•?IY MJN•lV I•i ?i fir. \ . . . . . . . . . . Sworn to an4subsjfribed before me this 27 day of May, 2008 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Chyme L. Sheppard, Notary Public City Of Harrisburg, Dauphin County _MY Commission Expires May 29, 2010 Member, Pennsylvania Association of Notaries Real Estate Sale # 06 Writ No. 2006-2163 Civil Term Suntrust Mortgage, Inc. VS Ricky L. Peck Attorney: Daniel Schmieg DESCRIPTION ALL those two certain tracts of land situate in South Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: Tract No.l: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road, said point being opposite the wing wall of a concrete bridge: thence by lands now or tormerly of Wilmer H. Wolf and Mildred M. Wolf, his wife. of which the described premises was a part, North 14 degrees 20 minutes West I50 feet to an iron pin; thence by the same. North 79 degrees 30 minutes East 285.5 feet to an iron pin; thence by the same, South I I degrees 52 minutes East 150 feet to a point in the approximate center line of the aforesaid road; thence in said road, by a slight curve to the left, the chord of which measures South 79 degrees 15 minutes West 279 feet, to the Place of BEGINNING. CONTAINING.974 Acre. Tract No. 2: BEGINNING at a point in the approximate center line of the public road leading from Hunters Run to the Oxford Road: thence by lands now or formerly of Guy L. Peck and Esther V Peck, his wife, North I I degrees 52 minutes West 150 feet to an iron pin; thence by lands now or formerly of Wilmer H. Wolf and Mildred M. Wolf. his wife, North 79 degrees 30 minutes East 100 feet to an iron pin; thence by the same, South 1 I degrees East 154 feet to a point in the approximate center of the aforesaid road; thence in said road, South 82 degrees 20 minutes West 97.5 feet to the Place of BEGINNING. CONTAINING.34 Acre, more or less. TRACTS NO. I and 2 HAVING thereon erected a frame dwelling house known and numbered as R.D. #l, Box 241. Gardners, PA 17324. BEING THE SAME PREMISES which Harold 0. Peck and Norma Peck, his wife, by Deed dated and recorded December 31, 1986 in the Office of the Recorder of Deeds, in and for Cumberland County, Pennsylvania in Deed Book 'K', Volume 32. Page 638 granted and conveyed unto Ricky L. Peck and Bonnie S_ Peck. Grantors herein. PARCEL IDENTIFICATION NO: 40-40-2654- M2 Premises: 220 Pine School Road, Gamders. PA 7324 South Middleton Township, Cumberland County Pennsylvania RECORD OWNF,R TITLE TO SAID PREMISES IS VESTED IN kicky L. Peck, by Deed from Ricky L. Peck and Bonnie S. Peck, his wife, dated 3-13-96, recorded 3-18-96. in Deed Book 136, page 256.