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Home My WebLink About02-2725MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O Homeside Lending, Inc. 8120 Nations Way Building 100 Jacksonville, FL 32256 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE Plaintiff vs. D? -?7a-s 0,4 t? WILLIAM D. HESSE 925 Orrs Bridge Road Mechanicsburg, PA 17055 Defendant THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTINGTO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. 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 the 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 claim in the Complaint of 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 OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 AVISO LE HAN DEMANDADO A USTED EN LA CORTE. SI DESEA DEFENDERSE CONTRA LAS QUEJAS PERESENTADAS, ES ABSOLUTAMENTE NECESSARIO QUE USTED RESPONDA DENTRO DE 20 DIAS DESPUES DE SER SERVIDO CON ESTA DEMANDA Y AVISO. PARA DEFENDERSE ES NECESSARIO QUE USTED, O SU ABOGADO, REGISTRE CON LA CORTE EN FORMA ESCRITA, EL PUNTO DE VISTA DE USTED Y CUALQUIER OBJECCION CONTRA LAS QUEJAS EN ESTA DEMANDA. RECUERDE: SI USTED NO REPONDE A ESTA DEMANDA, SE PUEDE PROSEGUIR CON EL PROCESO SIN SU PARTICIPACION. ENTONCES, LA COUTE PUEDE, SIN NOTIFICARIO, DECIDIR A FAVOR DEL DEMANDANTE Y REQUERIRA QUE USTED CUMPLA CON TODAS LAS PROVISIONES DE ESTA DEMANDA. POR RAZON DE ESA DECISION, ES POSSIBLE QUE USTED PUEDA PERDER DINERO, PROPIEDAD U OTROS DERECHOS IMPORTANTES. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATEAMENTE. SI NO CONOCE A UN ABOGADO, LLAME AL "LAWYER REFERENCE SERVICE" (SERVICIO DE REFERENCIA DE ABOGADOS), (215) 238-6300. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CARLISLE, PA 17013 717-249-3166 Mortgage Electronic Registration Systems Inc C/O Homeside Lending Inc. 8120 Nations Way Building 100 Jacksonville, FL 32256 Plaintiff vs. William D Hesse 925 Orrs Bridge Rd Mechanicsburg, PA 17050 Defendant In The Court of Common Pleas of Cumberland County Civil Action-Law Action of Mortgage Foreclosure # 02-2725 Civil Response by Defendant to Complaint in Mortgage Foreclosure 1. Disagree and Challenge. 2. Agree. 3. Agree. 4. Disagree and Challenge: Mortgage assignment not included within this complaint and said recording is not evident from exhibits. 5. Agree. 6. Agreed. 7. Disagree in Part and Challenge in Part. Unpaid balance: agreed. Interest: agreed. Accumulated late charges: disagree and challenge. Late charges: agreed. Escrow Balance: Disagree and challenge. Attorney's Fees: Agreed subject to specified conditions. 8. Agreed. 9. Agreed. 10. Agreed. 0. 1 11. Agreed. THEREFORE, Defendant prays this Honorable Court to deny judgment in this case and points out that Plaintiff's complaint is flawed and contains inaccuracies. Respectfully submitted by: Wi iam . esse 925 Orrs Bridge Road Mechanicsburg, Pa 17050 717-728-9626 wht gse a att net. Copies submitted to: Purcell, Krug and Haller, PC Homeside Lending Inc. 2 ' t?: u?'_-- of L s t? CV o U MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O Homeside Lending, Inc. 8120 Nations Way Building 100 Jacksonville, FL 32256 VS. WILLIAM D. HESSE 925 Orrs Bridge Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION LAW Plaintiff ACTION OF MORTGAGE FORECLOSURE Defendant THE FOLLOWING NOTICE IS BEING PROVIDED PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. 1601 The undersigned attorney is attempting to collect a debt owed to the Plaintiff, and any information obtained will be used for that purpose. The amount of the debt is stated in this Complaint. Plaintiff is the creditor to whom the debt is owed. Unless the Debtor, within thirty (30) days after your receipt of this notice disputes the validity of the aforesaid debt or any portion thereof owing to the Plaintiff, the undersigned attorney will assume that said debt is valid. If the Debtor notifies the undersigned attorney in writing with the said thirty (30) day period that the aforesaid debt, or any portion thereof , is disputed, the undersigned attorney shall obtain written verification of the said debt from the Plaintiff and mail same to Debtor. Upon written request by Debtor to the undersigned attorney within said thirty (30) day period, the undersigned attorney will provide debtor with the name and address of the original creditor if different from the current creditor. PURCELL,KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorney I.D.# 15700 Attorney for Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O Homeside Lending, Inc. 8120 Nations Way Building 100 Jacksonville, FL 32256 VS. WILLIAM D. HESSE 925 Orrs Bridge Road Mechanicsburg, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW Plaintiff : ACTION OF MORTGAGE FORECLOSURE Defendant (o z - an,;,- 9- COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC, herein after referred to as MERS, is the owner of legal title to the Mortgage subject to the Mortgage to this action and nominee for Homeside Lending, Inc., which is the owner of the entire beneficial interest in the Mortgage, with an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256. 2. Defendant, WILLIAM D. HESSE, is an adult individual whose last known address is 925 ORRS BRIDGE ROAD, MECHANICSBURG, PENNSYLVANIA 17055. 3. On or about, February 12, 1996, the said Defendant executed and delivered a Mortgage Note in the sum of $111,150.00 payable to SIGNET MORTGAGE CORPORATION, which Note is attached hereto and marked Exhibit "A". 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed, and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1302, Page 1128 conveying to original Mortgagee the subject premises. The Mortgage was further assigned to Mortgage Electronic Registration Systems, Inc. and was sent for recording. Said Mortgage and Assignment are incorporated herein. A copy of the Mortgage is attached hereto as Exhibit "B". 5. The land subject to the Mortgage is: ORRS BRIDGE ROAD, MECHANICSBURG, PENNSYLVANIA 17055 and is more particularly described in Exhibit "C" attached hereto. 6. The said Defendant is the real owner of the property. 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on February 01, 1999 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE Interest at $22.20 per day From 01/01/1999 To 07/01/2002 ( based on contract rate of 7.5000%) Accumulated Late Charges Late Charges $35.20 From 02/01/1999 to 07/01/2002 Escrow Balance (Deficit) Attorney's Fee at 5% of Principal Balance TOTAL $108,035.77 $29,015.40 $1,020.80 $1,443.20 $3,722.50 $5,401.79 $148,639.46 "Together with interest at the per diem rate noted above after July 01, 2002 and other charges and costs to date of Sheriff's Sale. - 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 Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 8. No judgment has been entered upon said Mortgage in any jurisdiction. 9. Notice of Intention to foreclosure and accelerate the loan balance pursuant to Pennsylvania Act No. 6 of 1974 is not required in that the original principal balance exceeds $50,000.00. 10. Defendant is not a member of the Armed Forces of the United States of America, nor engaged in any way which would bring him within the Soldiers and Sailors Relief Act of 1940, as amended. 11. Plaintiff has complied with the procedures required by Pennsylvania Act 91 of 1983 (Homeowners' Emergency Mortgage Assistance Payments Program) and Defendant has either failed to meet the time limitations as set forth therein or has been determined by the Pennsylvania Housing Finance Agency not to qualify for assistance. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure "IN REM" for the aforementioned total amount due together with interest at the rate of 7.5000% ($22.20 per diem), together with other charges and costs including escrow advances incidental thereto to the date of Sheriff's Sale and for foreclosure and sale of the property within described. By: PU CELL, KRUG & H LER Leon P. Haller, Esquire Attorney for Plaintiff I.D. # 15700 1719 N. Front Street Harrisburg, PA 17102 (717-234-4178) HS172467.tit (1696x2800x2 titt) L3J NOTE .,NOTICE: THIS LOAN IS NOT.-ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANgSp5 AFFAIRS - OR ITS AUTHORIZED AGENT. y? i#ta42297797d PW=Msy 12th, 1996 IDwI IGSI iswy 925 cREs BRiz S HOOD, NICHNa , PBQVMVAIDA 17055 IPM WS' Add"] L BORROWER'S PROMISE TO PAY fo nmm fora lam dmt 1 ban ra ant I l PMmim w pay U.S. s 111,150.00 (this mmmt is caned 'pnoaipal7. pia income, to the order of the Leader. The Lender is Signet Mortgage Corpeiratim . I umdeenwd net do Ladner may trendier dais Now. The Leader or anyone who takes thin Now by mwfer and who is emoted to naive paymeew under this Now is canted the 'Now Holdw.' 2. INTEREST Intuit will be cbw#W is unpaid principal until do Rill amount of principal hm been paid. I wW pay intaM at a yearly ate of 7.500 R. The intend mw required by title Section 2 is the raw I will pay both before and antw my defw0 doeribrd in Section 6(1) of title Now. 3. PAYMSN1'S (A) Than nod Plus of Payments I wig pay principal end ire ated by meting payment awry mooth. I win nuke my monthly pays m on dm 1st day of each month beginning on April let 1996 . I will matte theme payments ovary math until I have paid all of do principal aid Gamest and my adwr chart" dmsribed below that I may owe under Wier Now. My monthly paymam will be applied to 'stone bsfine principal. If, re Mereh let, 2026 .1 still owe a is under this Note. I WIN pay thaw ammmm in Ann ou diet due, whirA IF caned We •Mm ay Dow.' I will make my monthly payments at P.O. BOX 27403, Birdied d, Va. 23261-7403 or at a dU mmt place if milaimd by the Note Holder. (13) Amount of MomWly Po ma My mmWly payment will be in cite mmmrm of U.S. S 777.18 , 4. BORROWER'S RIGHT TO PREPAY I have do right to maim paymmw of principal at my time before tiny are, due A payman of principal rely is known m a 'prepayment.' When 1 make • PMMYMI c, l will NU the Nom Holder in writing dot I w Aided so. I may weirs a Own prepayment or partial prepryments wither paying my prcpq= t dwrp. The Now Holder will um an of my preprymmm to ndnm the amount of primclpd that I own under this Now, If I main a partial pnpaymmt, them will be an chaope in the don din or in do ammo of my m Wly payment samw the Note Holdw agmm in writing to these changes. S. LOAN CHARGES If a mw, lwhich apple to this lie and which nets m imam loan chugs, in Badly tsePmted an the do mtoot in older boo chugs collected or to be edlawd in awmmWm with Wds tom smood tha permitted Hmim, them: (i) my web Ica t durp nbal be viand by the amomd asee a y to reduce the change to the permbled Ilmit;, and 00 my mnu already collated fnm m wWeh emended permitted nmiu Fill be refow led w ma Tm Now Holder may chew to mats this refund by redwing the priazipal I oem under title Note or by making a diem payment to me. If a rofosd ndwa s principal, We reduction win be boded an a partial prgnymer. eL BORROWERS FAILURE TO PAY AS REQUIRED (A) Law Charge 8sr• Overdue Fgenents If the Now HoMsr ban no received dofdl amount of MY seedily payment by We and of P1Ptem almdar days Enter the dew R is din, I Fill Pay a Ism change w do New Holder. The amount of the change will be 4.000 S of my meedus payment. I will pay rids win sharp promptly but only omen to such Into psymmi. (8) Dome If I do eat PAY the foil amount of auk montWy payment ou We dam it is din, I will be in default. MM.TmTATa FIXED RATE NOTE • whew h„aY. Pam.b MW hoddw Mr natwm Imwaml ?a1ts Pam afire lame ?•N cane Amadld Nee w! w11rY0e IOIWa.01]Itleelw • pp[Re . 1 ly,IMa Haven Hs172467.tit (1696x2800x2 titt) L4J (C) Notice of Default . If I m in defiolt, the Note Holder may send m a written ictin wilt me that if 1 do not pay the ovadun account by a • • ' mduin dW, the Nom Holder my esquire me to pay immediately the toll aunmat of principal which has not base paid ad all the monad gon I owe on that amount. 71st done must be aI Ipso 30 days after the data on which the notice is delivered or trailod to son. (D) No Weiser By Note Holder Even If, a a tires whin I sun in "at. the Note Holder dap mot sequin m to pay immediately in full as deaedMd above, ton Now Holder will dill ban the right to do so if I am in default at a Imes lime. (E) Payment of Note Holder's Cams and Eapemaa If do Nom Holder has required as to pry immediately in full an described above, the Nun Holder wilt haw the tight to be paid back by ma for fill of its COW and cape in enforcing this Nob n the eaten not prohibited by applicable law. Thaw expenses include, for concepts. reasonable ¦tareye flea. 7. GIVING OF NOTICES Unless applicable law requires, a different wakod, my notice that mud be Sim to as under this Note will be given by detivaleS it or by mat' it by flat elm mail to me at the Property Address above or at a different addrps, if ( gin the Nob Holder a notice of my different address. Any mum that mat be given to the Nom Holder order this Nob will be given by mailing it by fiat does mil to the Nate Holder at the addrss sated in Semler 3(A) above or at a diRsst tddms if I ma given a nonce of that different adders. S. OBLIGATIONS OF PMONS UNDER TINS NOTE If mos than me peon signs this Nob, each person is Polly and personally obligated to keep all of the promises made in this Nob, including the promn to pay the Poll amount owed. Any game who is a guasabr, surety or endorser of this Now is .ho obligabd so do than things. Any person who to= over ohm obligations, including the Close Were of a Simmons, surety or endm or of then Nola. is alro ob to keep as of to promise made in Wier Now. The Nola Holds my enfaroe its required under this Note @SWod each to pay all of We sometur owe ormat h this Nobly or apled all of an together. Tula mean tat my op of m may be 9. WAIVERS 1 and say other pawn who ban obligation under this None warm the rights of pmentmmt and notice of dishonor. "Panntmane' mew do right to require the Note Holder to demand paymm of ammmm due. 'Notim of dishonor' oceans to right b require the None Holder to give notice to other peanuts that semen due haw not born paid. 10. ALLONGB TO THIS NOTE if an allootat providing for payment 4ustmeats or for my otlsr enppiamenbl information is saeeutd by the Burrower bgeshar with Ilia one, the covenant of the silonga shall be ismrpormd lam and that] -mod and supplanted the constants of this Nob s if the A" wrote a put of this Now (Check&Miie" boat] ? Grodumd Psymmt ARonge ED Other j3psify]. El other ISpeclfy] 11. UNWORN 89CMM NOTE This Note is a m)Porm instrument with limited variations in toms jurisdictions. In addition b the protactions given to the Now Holder order this Nob, a Marlgq% Dad of Tram or Security Deed (the 'Security fostrument'), dated the cram dW as this Noon, I the Nob Holder Gam possible lesson which might result if I do net keep th:90 m . which I make in this Note. The Sanity Immanent describes how and under what conditions 1 my be required to iv nNiate payment in full of all smmmb I owe under this Now Sums of thon aomditima m described s fallowc Regulations (38 CF.R. Put 36) is m l Mader the Department of Veonraa's Aflaro ('V.A.') Guaranteed Lear Authority (38 U.S.C CTapbr 37) and in affect on the dab of boo closing shall Seven the rights. duties and liabilitim of the parties to thin tom and my ptwisiona of this Nob which as inconsistent with such mguhtom ern mounded and supplemented to conform thereto. WnWES THE, HAND(S) AND SBAL(S) OF THE UNDERSIGNED. L (Seat) (Seed) wll? D* I IO `7'? L7 -nmv.r .semwr SSN: ESN: (saw (lest) ESN: Pay to the Order of -Sena... -kc~ ssN: 151814 Od*W ORW r? ?•av ?dr]' `+naaYCIAL'.s a Fora 3200 12M3 Date: 0 8' run riS1/L40/.L11 t107OXLOUVXL L-LLL) LOJ tf P.OEERT P. IIECLER RECORDER OF DEEDS 1:URSERLA11O COUNTY-PA '96 FEli I3 PR 3 05 Pupil Noodle: 10- t7 - Ibb43 - 0''l: c' 515 181MAbwlnhlNSw RCeeagaelq. !-+NM>i PURCHASE NNW Caen m: 40505874 MORTGAGE lent it 4229779 NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. TRW )AORT'OAOB ('Sxatity IaYrvmmd') is Sim om February 12th, 1996 . 71w mrigagor is WILU FI D. BSSSB ('Bormwe'). This Security henhum nt IT Rive, to Signet Mortgage Corporation which u wpaimd sod existing under the k" of the CommetRtealtb of Virginia , each whom addtw is P.O. Box 27403, Rfchamd, Va. 23261-7403 ('Luxler'). Somowe owe Lmde the principal mm of One Rtadred Eleven 9mmanld One Medved Fifty and no/100 Dolim(U.S.t 111,150.00 This debt is widened by Bormwee•n mb dsbd the mum deb m ddr Semu ty IneamKOt ('Nob'), which provides for mcombly paymmmm, with ft fan debt. if mot paid wilier, due mad psymble cm Mewls Sr 2026 This Security bmbum osi momma to Landon. (a) Re, ngym at of do debt evidenced by the Nob, with ime s4 and all renewals, exhumium and modlRWimm of do Note: (b) the peymme of dl agar sums, wild intend, advanced undw pamgnph 7 to peeect the security of this Samrity lndtumod; nil (a) the perfume ss of Scanner's mvmenls and agreement cede this Security bukrumml ad the Nob. For this purpose, Bonowsr dome hueby mottpge, gaol and convey to Lembr the Mowing L SBB ATTA A fBommA1D Coma. Pemsylvmia: why Iuumthe whines of 925 CORE BRIM a= MEMBI (SDIA G Iwm, Csyl Pmmylvanis 17055 14 Coal ('Pmpwty Addtem'); PONNTLVAN Iinglo FwNtyJRmAIFtRMC UNFORM R10TIVINA T Fenn 3030 Rea at•w®AIMrm A 6m1 ^w+ra BDnf ?Tyy ' IRNtR BRt?Nm Roam Rry. vwupnaweww4aeerTl•)mf ?3et2 fAl?yiArO ,,aa,??ap Y?BYRBgI?agYBggIByRR?R11gYYYBtYRg1?'{{ YBNMMNggpOWWMM?I IBgBWgBggAIII?gIg1IMNMNAA MR®RRI .ewr? W131 ,.,31, 1101 /LYO/ Lll t10J0l40vulz U1j L/J . TOOMER WITH all the improvements now a hereafter Reacted on the property, and Rll easements, appurtenances, and Bxmak now or heroeller a part of the property. All repla stronts and additions shall also be coverd by this Security Bndavrmx. All of this foreping is aferad to in thin Security Instrument an III* 'Prope«y.' BORROWER COVENANTS that Borrower is lawfully seised of the ahb hereby conveyed and has the right to mrtgage, grant end omvey this property and that the Properly is unenotrmbered, except for eromaide nee of record Borrower warrants and will degnrd generally this tide to the property against all cdm and demands, sobjeol many enmmbranw of new& THL9 SECURITY INSTRUMENT combims uniform covenants for national use and rem-uniform invariant with limited variations by juridialim to constitute a anifmn security immanent covering red property. UNIFORM COVENANTS. Borrower and Lander covemnt Rent agree an follows: 1. Payrosand of Prindpul mid Interact; PraWyme t and ]rte Charges. Bonower dull promptly pay whin due der' principal of and intact m the debt evidenced by the Note and any propayutml and hire charger due under do Nob. 2. Foods for Toaster and Invention. Subject to applicable law or to a wrium waiver by Lander, Borrower dull pay to Lender o the day mnothly, gymasts are due under the Nob, until the Nob is paid in full, a sutra ('Funds') for: (a) yearly taxes and awn mmb which may attain priority over this Security Instrument a a lien o the Property; (b) Yearly household payments or ground rots on the Properly, if my; (c) yearly hamrd a property iusamce pamiume; (d) ymly flood insurance pamiumn. if onT (e) YWAY gaga lowen )uemiume. H any: and (l) my main pay" by Borrower to Lander, in accordance with ttw provision of puggepde g, in lieu of the payaem of mregap fi m use premiomr. Tbsee ibme as alled'Sserow Items.' I.seda ray. RIMY tiwe, aped mud hold Punds in m arooaut rot an exceed the msboum amamt a lade, hire fa lwW ly related modpp loon my require for Borrower's ceerow account under the faded Rat Bgste Simmons Precedence Act of 1974 an dmmded Irons dam to time, 12 U.S.C. Section 2601 d seq. ("RESPA'), mlcen another law Mal applies to the Furds Rise a him names. If an. leader may, at any than. collect and hold Panda in an amount net to Recent the Isar amount. Lender my esdm s the aimed of Funds due m the basis of ammt data sad Reasonable admbe of eapendihea of fuhue Escrow Itcom or otherwise in nxmhoa with applicable law. The Fah along be held is an institution whose deposits m insured by a federal agency. loafmnmtawty, in entity (including Lender, if Leadw b swh an WNmtim) or hi my Pedetd Hose lac Bonk. Ianda shall apply the Pumh lopay the Becmw Item. Lade my rot charge Borrower for holding and applying Be, Pemds, amunly amlysing the escrow miaurd, or vaifYing the Escrow Item, edm Leader Pays Burrower ieleml an the Funds ad applicable law partners Lander to make such ¦ dirge. However, larder my repine Borrower to pay a am-dm char for an independent real aW a tax reporting service Reed by Leader in connection with this loan, ilea applicable Iav provides otherwise. Unless an agreement h ends ur applicable law requires Worm to be paid, Leader ,hell not be required to pay Bmsower my interest a earnings an the Foods, Burrows and Lander my agree in writing, however, Mot internal shall be pad on the Fide. Leader WA give to Burrower. without chop, an amW acamiieg of the Funds. showing credits ad debits to the Funds and the purpose for which each debit to do Funds wse mote. The Fonds are purged a additional minority fur an .ma nand by"Security tearoom. If the Fide held by ).ado a e d the smuts pemhld to be held by applicable law, lacier shall acsoum to Sorrows for the exam Fmwb in aomrdma with Use requirmo of appHe" law. If the amount of the Funds held by leader at my time is not sufficient to pay the Escsow Berm what dean, Leader my an easily Burrower in writing, and, in such cue Burrower shall pay lo Iader the amount mmhq to make up the deficiency. Borrower shall make up the deficimry, in an mom than twatve maolhly Payments, at Leaders ante discretion. Upon paYnwnl in fall ofd sum secured by this Security b m um*. Lander shdl promptly rehud to burrower my Funds bald by Leader. If. under paragraph 21. Leader shall acquire or sell the property, Lmdu. prior to the acquisition a Role or the property, shag apply any Funds bald by Lmrhr or the am, of acquisition "sets as a credit ageing the mm, surd by two Security EmbummL 3. Application of PhYmmts. Un m applicable law provides otherwise, all paymmu resolved by Lender under paragraphs 1 and 2 deli be applied: fund, to may propoyseset charges due undo the Nob; seaodt to amounts payable under paragraph 2; third, to huge" dal; fourdy to principal due; and hid, to my hit tdhrgrr dm undo the Nab. d. C atrgs{ I.lean. Hotrower shall pry All taxes, ==P=ts. chop. thus and im a duets attributable to the property which my main priority ova this Security hialruraenl, end leasehold paymeraa a ground ash, if my. Borrower dead pay these WWMims in the minor provided In po agraph 2. or Una paid in them no Entrance shell pay them on tiro directly . to the pomp amid PRYmmt. Borrower Audi promptly famish to leader all notion of emeaas to be paid miler this pmmjr*. If Borrower aka dies peymso directly. Borrower show promptly famish to Leader rxsiph evidencing the pymmts. Borrower shalt promptly discharge my lion which ban priority war this Senator histnanont user Borrower. (a) .gran in writing to the payment of the obligation secured by the lien in • manor acceptable lo Lads; (b) connote In god faith the Jim by, or defeuds agsienl mfoteement of the Jim in, legal proceedings which I. don L order's opinion operate to prevent the oforoemaot of ON lim; ur (c) semen from the holder of the lion an Rgreemnl satisfactory to Leda wbordimttng do Jim lo thin Security lost w t. If lader deeamdmim thin any pan or the properly If sebjcct to a Ito which my main priority over this Security Imlronmt. Lender my give Harrower • nor= identifying the lira. Burrower shall setiay the lien or hike om or Dunes of the actions m forth above within 10 days of the giving of notices ' From a e Bgnf t342rAa:U29 LIO1 I LSV I.l k1UJUA4OVVA4 "1 I LOJ .. S. BLmard or Properly Insurance. Borrower shall keep the improvements now existing or Imrealter ended m the Property hound against [me by On, hazards included within the lerm 'extaoded oovenap" and my other hsatde, including Bdods w flooding, for which Lender requires imam-. 7lds insama shell be maintained in the avpmds and fur the pwi ds But Lender mqubes, 71te ins ance carrier ptovidmg the insurance shall be chow by Borrower ntyed to L.eader's approval which shall not be vommmably withhold. If Borrower hilt to maintain coverage described above, Lender may. at Lender's option. obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shell be acceptable to Lender ad stall include a standard mortgage clause. Lender roll have the right to hold the policies and morns. If Leader requires, Borrower shall promptly give to Lender all receipts of paid Premiums and renewal and=. In the event of lose, Borrower shall give prompt notion to the insurance carrot sod Lender. Leader may maim proof of has if not auk promptly by Borrower. Udea Larder and Borrower otherwise ages in writing, inu Once proads shall be applied to mturatine w repair of the Property damaged, If the neteratim or repair is economically feasible and Lahdnee security is not lammed. If the rsaturation or repair In not economically feasible or Lanler's security would be lamened. the insurance pro=& shall be applied to the roam sewed by this Security Inrrureent, whether or not than des, with any excess Paid to Bormomr. If Borrower abandons the Property, or does Ones answer within 3o days a notice from Lender that the insurance carrier has offered to setae a claim, am Lander My Conceal the insurance preach fader may ass the proceeds to repair or micro the Property or to pay same accred by this Socority Instrument, whether a not than due. The 30-dsy period will begin when the notice is given. Unions LAd" and Bwron'er otherwise agree in writing, my pplientum of proceeds to principal shall not errand w Postpone the due date of tla monthly, payments refereed to in paagraAs I and 2 or clump the cement of the paymente. If under paragraph 21 the Property is acquired by Leader. Borrower's right te my insurance policies and plaoueru resulting bons derange to the Property prim to the acquisition shall par to Lender to the exact of the same sommd by this Security I mant immediately prim to the acquisition. 6. Ocapmay, Preservation, Mnbdeoemz and Protection of the Property; Borrowr'x Loam ApOkW g Lemel dds. Borrower dull occupy, establish. and we the Property m Borrower's principal residence within sixty doyp agar lbe moation of this Security bxtm n t and shell continue to occupy to Property a Borrower's principal raddame for at kest one year after the date of ownpmry. odes, Leader otherwise agrees in writing, which consent shall not be unreasonably withheld, or antes, =Mbu gllg dmwmftm exist which am beyond Borrower's control. Borrower shell not do", damage m impair ate Property. allow the Pro" to ddmW ate, or an I waste on the Property, Borrower shall be in default if my fmkirwe actim m proceeding. whether civil a criminal, is hymn dsr in l ader's good pith judgmant could melt to fmfeim a of the Property w Otherwise materially Impeder the line created by this Seratity Instrument or Lund", security interest. Boaoaer may cote each a default and minsane, a provided in paragraph 18. by mating do action or proceeding to be dismissed with a rating that, in L.mder s good hilb detetmhution, prachwase furfsimn of ths Borrower's interne in the Properly w Other material impairment of she Use mated by this Security loahwoael or Larukr's security What. Batraaer soli also be in default if Bmrowar, during the loan aPpiksthon Proms. gave mslmtslly htse a innuendo Information or statements te Leader (or failed to Provide launder with my material infomulion) In connection with the loan evidenced by the NOW, including, but not limited w. reprewMions conaraWg BwroevwY occupancy of the Prop" a a principal madame. If this Sacority Instrument is on a la admid, Bmmrer dull comply with all the provision, of the lase, if Borrower acquirer he ilia te the Property, the k"sehodd and the fee tide dell not merge ueless Lend r ages to the merger in writing. 7. Protective of Lender's Rfghb in the hop". if Borrower, hoe to perform the covenants and agnme cts contained in this Security InsWmem, or there is a Intl precowf rag that my significantly affect Lmeder.m lights in the Property (aonh as a praonedfy in bmhnptcy, Probate. for condemnation of forfalmn or to enforce laws or regulation), than Lander my do and Pay for whatever Is necessary to protect. ate value of the Property and Leodm's rights in the Property. IA der'e adfons may include paying my cams mcared by a has which has Priority over this Security Instrument. appearing in teat, paying marooeble alloroeys' fix, and entering on the Property to make rapaim. Although Lender may take nukes under this paragraph 7, lades does not have to do so. Any amounts diabsuaed by Leader under us paragraph 7 abdp boom= additional debt of Borrower secured by this Security ImtronemL Unions 00rower rend Lender Alm to other twee of payment. Nees amounts shall hew interest from the date of disbursement at the Note roe and shall be payable with hunter pm mlim from Ladw to Borrower requesting payment. L Moregye lmrsance, if L.emder mgdnd mmegage Wanme as a condition of makIng ate ,an aewmd by this Sawrity Instrument, Borrower shall pay the prandurm required to maintain the mortgage tas m nce in rfheL % for my mason, ate omhru mamma Coverage mqund by Lander Impose; m cams to be in effed, Borrower shall pay the loommax, required to overage substantially equivalent to ate am tpp insurance pow howdy in affect, al a coat eNmmtidly egWvdem to the cost to Borrower of to tootlpge insurance previoanly in ruled, from an alteroate mortgage imener approved by toaster. If substantially quivalent mortgage insurance coverage is not wadable. Borrower shell pay b Lender each month a anm to om{wdith of M yanrly mortgage insurance Premium being paid by Borrower whin the ioaurma mom ? be in effort. Lender will accept, use and ratan them ur n or cored to payment, n ¦ bra resolve in lien of mortgage imamate. e. Lora reserve awev /s/?Y- Form ?,yyppi soz ?•evtMl..roe BpngdV.ty?,,?7 .G MSEU30 pkymmm may on longer be requird, at the option of Lender, if mortgage insurance coverage On the mount and for the period that Lemdet mquins) Provided by an inmm approved by Lander again becomes saailabie and is obtained. Bomawm shall pay the.pmmiumr =Wimd to Otsiata9 mortgage Insorance in effect, or to provide a lay remrvs, until the requirement for mortgage immum coda in accotrlmtt with my written agreement between Bormwar and Leader a applicable law. 9. Inspection. London or its agent may maim reasonable mtria upon ad Inspection, of the Properly. Lender shall give Baronies, notice at the time of or prior to an bspaction specifying rommehic came for the hepaeticu. 10. Con I alhm. 7fie proceeds of my award or claim for damages. detect Or mnmquentiel, in connection with my condenoatim or other taking of my pan of the Property, or for eonveyaoea in lieu of condemnation, am hereby assigned and shall be paid to Linder. In the avant of a total taking of the Property. the proceeds shall be applied to 0u sums seemed by this Security Instromanl. whether or not than due, with my exceea paid to Borrower. In the event of a partial taking of the Property In which the fair, uwkd vain of the Property immediately before ono taking is equal to or gnaw than the amonnt of the some seared by this Security Instrument immediately before the taking, unless Borrower and Lander otherwise agree in writing, the soma scoured by this Security Instrument shall be reduced by the mount of the proceeds mdripNd by the following hocliot: (a) the total amont of the soma seru mal immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balmee shall be paid to Borrower. In the wort of a partial taking of the Property in which the fair marker value of do Property immediately before the taking is ley than the amount of the an= secma I immediately before the taking. auleas Borrower met Leader otherwise agree is,. writing or ;miens applicabb taw otherwise provides. the proceeds shall be aPPlbd to the Gums ward by this Security instrument whether or not the sons are then dus. If the Property Is abandoned by Borrower. Or if, after notice by Lander to Borrower that the c dargnor often to make m award or UMB a claim for dim ages, Borrower fails to respond to Lander within 30 days after the date the notice is given. Lander is Authorized to collect and apply the proceeds, at its option, @Mw to renovations ar repair of the property Or to the sums seared by aids Security tehummt, whether or not then due. UAIM leader and Borrower olherwim agree in Writing. say application of proeods to primipld shall amt extend or pmpme the des dale of the astddy Payments refemnl to in paragraphs 1 ad 2Or change the ammmt of each Payments. 11. Borrower Not Released; Ferheanmce By Leader Not a Waiver. Exteaeioe of the time fm payment m modification of+mostintim of ths sums accused 67 thin Sewriy Ieetrurnmt granted by leodar b may soeeesmor b hntarost of Borrower shall not opwam an abase the "IBy of the original Borrrwwr m BOff~g soomma in inherent. Lander shall can be required to comments Proceedings against my Aumessm in intact or refuse to yad rims for payment or otherwise modify anartiatim of the ors soon" by thin SeauOy Instrument by raison of my demand mods by the Original Dampens or th arm's ?n In ra Any fmbymaroe by Lander in exercising my right or mrnedy shall not be a Waives of or prelude the exercise [Auy right or remedy. It Snaxemm ad AssiSo Bond; Joint ad Sewcal Liability; Co'sigmaz. 7b covenants and agreements of this Security Instrument sha8 bad and benefit the movements ad aeigm of Lander ad Honorer, sabjnt to the provisions of paragraph 17. Borawm's covenants and egrac shall be joint ad stated. Any BrmoWer who eo•rigns this Security Jawboned but does not excme the Note: (a) is co•tignlng this Security instrument only to mmtgam gruel and aonwy than Bonmen'a hOM in the Property under the terms of this Security hmtesom od; (b) is rot personally obligated re pay the tame secured by thha Security Instrument; and (c) agmat that Leader ad any other Broome, my agree to extend, modify. forbear or make my wen ng W km with ygard to The Was of this Security Instrument or the Note without than Besmear's cement. 13. Lean Charger. If the Into sxwod by this Security Instrument is subject to a haw which am moxinmm Im n ebergex, ad that law Is finally interpreted m that the interest or other loth charges collected or to be collected in connection with the loan arced the permitted limits, than: (e) my such loam charge shall be educed by to ausama necessary to reduce the char to the Permitted limit; and (b) any arms already collected from Borrow whidr ==tied permitted limier will be nfimded b Borrower. Loader may Choose to make this refund by reducing the principal awed under the Nom or by making a direct ayment e= principal. do reduction will be issued an a partial prepayment without my Preanent 90tharp wrier tia Nr fu ralm 10. Notbea. MY ontdce b Burrowers Pmvkdad for in Otis Security Instrument "be given by delivering by fint talons oil radar fable bw our it or by nailing to or any ether address Burrower reelgoatee regd by ma notice use to of sa Lander Any r Any no rice7beto Lroteaa daem hss shall be be direc gitedven b t by he fin, Prope emrtys mAddme, ail mail to IederY address ended herein or my other add" Leader r designates; by antis to Baowes,er. My roliee provided for in this P Security Inmrmt shall be deaastd to have been given to Bowower or Lander when given as provided in the Paragraph. IS. Go a dug yea, Samrabigty. 1Ws Security Instrument dean be governed by faded law ad the law of the jurisdiction in which the Property is located. In the event that my powish m or chaos of this Security Internment m the Note cOnfliels will, applicable low, such conflict shall net affect other proviebe of this Secerily Intentional Or the Note which rot be given Offset without do conflicting provision. To this and the provisions of this Sonority hntnmmnt and the Note are declared to be nvetable. 16. Borrower's Cuff- Bovowm doll be gives one conformed copy of the Noe and of this Security lytmmen It-OWPAI wta ?^^ cassia oonf1302ncii13i 17. Transfer of the PeoperRy = a Beneficial interest in Borrower. If all "my put of the I'mperty or my barren, in it ` . is mld'or transferred (or if a beneficial intoned in Burowar le sold or La fend and Borrower is ml a =toll perseo) without Lender's prior wrimen ce=nt, Lander my, at its option, require tmmediato plot in toll of all mess secured by this Ssodly banrvromL However, this option "I not he exerciand by [order if =aroma is prohibited by faded law as of the dale than Lander werciam We option, Ladd shall pale Bortowar twdiee of acceleration. The =ties shall mouths a period of =t i is less 30 days Security'mome t. home IF Bothe date the tonice is delivered or no-ow Win to pay otl erne P p rimailed am ex irutm or two 1 m, Lander Per all leIy sum invobe any secured bremediesremedies, remedies, permilta! We 9aauit laslrummt whhonl flmher erotic or demmd m Borrower. is. a MM to Rdoute. If Borrowm mesa certain conditions, Borrower shall be" Ws right to have antoreamot of this SM tut Instrument diamotimd at my time prim to do earlier of: (a) 5 days (or each aSh" applicable late may specify tor tWadduna) before ds of the Period is topa Security I=tmmnt; or (b) entry of • .udgm ep Security pummun et. 7b to au power are of sale Owl Borretator: oontalned In this laeaar all none which dom would be d under title ?„itty Instrument ?uW w` Note .a If no oacceleeration had occurred; W)) acres my default of any other covenants or sgm menk; (e) pa all axpanaa incurred in enforcing this Security Instrument. Including, but =t Bmio l to, reasonable ammeyd fen; and (danker such action a land" my reassembly require to arum the the lien of this family Innmmm, Lender's to in the Property and Borro er's obligation to pay the ants secured by this family Instrument .hall continue mcbmilrmla Upon reimtatement by Bonowar, his Security )nsur t and the obligations noted hereby shall remain fully of active as if no aceluahon had comm=. However. this right m relecom poll not %y in We rose of acnicratton nn I paragraph 17. lomume Selo be old mCh Grof Loa Mat Note or s partial interest in the Note (ingather with this Security may as We mono Serve"') that c or mof thour evidence prior notice to governor. A der may maul in • change is the entity (h=ue y payments dm order the Note and We Security Instrument. Tlowe duo any be on or noon charges of the Ica Servi=r unrelated to a de of the Note. If there is s off the Loran swim. Borrower wig be givaa written mike of the change in somadann with paragraph 11 above and kw. Mn notice will cam the man and oddness of the nth Lean Ihetticm and the adder to which payments should be nods. Tha notice will also contain any other informtin required appiieabis law. 20. HumrdmB S "=hmcos. Bmmwur shall not wan or permit the presence, era, disposal, smrlge or misers of any Hemrdan Submaas m or in the Properly. Borrower pull not do, tar allow anyone else to do, anything affecting am property that is in violation of my Savirocrental Law. The preceding tow molecule shall act a m the presence. an, or sump on tha promepy of small goulitiaa of Hamdous Substances dust am Soundly racopdmd io be appropriate to nonmed residential uw an=d to mirtaucs of the Pmpely. Borrower ? i'mM*dy N'e leader wvhaa mtim of my investigation, claim, daamd, kMdl or other apm by any ogf ?hMMW Bo or zgglw at pervalapm?y involving the property and my Hazardous Substance or BeWmnmakl law of raich oval B or other Into anendmditud on of knowledge. If Bmavvar Wm. or is notified by my p v mmakI or regulatory authority, out cry Hmrdo= Substance affecting the Property u promptly aid ? yy mmedid potion in accordance with Bmrirmmamd Law. O°0pa'ry. B°"° ? ' Was finviro As used in this law ant We- ?• '?oha Substances' me them =between defimed a toxic or hamdmu m6pme" by biddle, had volatile snbdmcssc gamtine, human. other BamouNe or male pdmlmm products, toxic p"tictdn and La w m this larids containing cob ssm or formuldehy le, and radiosed" auearbia. As used is Paragraph Zo, Munimmnentd Law' sums; federal laws ant lathe of tiw jorWicdm whore the Property is located data mlak to bought' aNty or a"irmmkl p NON-UNIPORM C9V'dygan. Bpo?? and older further cwraat and was a fdlmu: 21. Acceleration: Rmwdk& lacier WW giro notice to Borrower prior to acceleration following of any carom or In 1131111 Sec=ity hukrmhmd that =t appfieahk kw provides iW. Lander elan runty rowv of, norprior to lower tMalion ado BawoMt's 17 breach el6mw cu in may rapked to we the deBdSq (c) when a tan m ddantl must be e °Og oth thi mR (a) the ?ti ) the notion result In acceleration of the sou ecetved by this Security and td) ? failure b tare flat S dehald as uddBM are y ingtrranot, [ortclogum by judicial d the risad ink of the f? Y?Lader shW Imikr iolbrm Borrower of tlr right k msiorkle aBsr aud"atlm anghtK k ms"t in the tnoceerBae We mnahklue der daf.W = atq aW" dolma of Bowower to alxdmlion sad flueciesuro. B the dehW 6 ea ettla_d a spud, Laahaar, ere w optima m. perk Sechailf I=tr?md wi8aut hM4r 7 req?e ?0d? iM?^mh???° ? jar?°r^s axvred b 1.ecdar ghat he eatBld m to3ecl W demmal and may forepose By Seo.{tr ?cn??tm ?y tapprr inemred is 0puuraalq the ra=dian pprorovvldeal ire tli tocludmg, bat eel 16atad t0. edlareoya' far and oak of BW nidertce m the slot peranimed by applkaMa IP ? roPh 1, wnveYl Bedell. UPon gynam of W apes esculW by Wk Security hutrument, this Security logroaapaat and tlae spar d sluli Iarmi=te and 6acoar void. ABer such aceumae, Lerch shall without aiurga b Bmrooer. Botimveralydl =v wv ........a.w... _...? ?g° and athfe this 9aur{tut ketmmnmt v. wavers. Borrooer, to the =ma penntlled by applicable kw, overrun and deasa an error or de&cts is proceedings b entorca Ihta Seuurty hulmeana, ud bemby, µwim The benefit of my preana or films buts providing for my or amentier. eemrim of tit=. = nWgWn from aumberd, levy and de, aced hom and amsem on. 211. Reholudlealml Period. Bor antmes rim to mieamm provided to ptaAgmph 18 shall =land to can hour prior to the camnlneemmt of bidding at a sheriffs ante or other de pon are to this Security indmmnt. to dot pr?rl Security fedtumal shall be a pwmMa ritY loshose err b tint m Bonewv to aega4a line 2s )nlmae Rank Aram J aftwom. Bmraw" yma ;camp mm pp m.Bm s j"Igmmd is enteral on the Nom or in an action of mrtPP fomdoscre atoll be Ws ran gable from lime to lies under the Note. '0 ?'?'.°J? ?-eVPal a.lr ...ate. ""`f'=IL?. C04 .302tdcEA32 27. Riders to Gds Security Instrument. If one or mom ride are executed by Hbrrover and rarmled together with the SeetuilY Instrument, the ewaonm and agreements of each amb rider shall be incorporated Into and shall amend ad supplement the curomals and agreements of We Security Instrument as if the rider(s) were a pan of this Security dossro mg. 10sick appliable bmt(n)) AcUmiable Rele Rider 0 Coadominium Rider 14 Family Rider Graduated Payment Rider Planned Unit Development Rider A Riwaekly Payment Rider Delicate Rider Rate Improvement Rider Second Home Rider V.A. Rider Other(s) [specify) BY SIGNING BELOW, Borrower ample and agree to the how is my ridar(s) executed by llarmwer and retarded with it. Winmes -keno+vr CenIDate of Redderto 1, WRVS R. VEIM HR DIOS We wilhio-wm.d Mong gee is 7123 Thweo Hdi m, Drive W, Columbia HID 21046 coweoaets maI low in Ihis Security instrument and 0. HEM sae, -sego. , do hereby oerdfy but the current addreer of dam my herd this 12th day of Pabxvexy 1996 • _ ??nrKu d. Ir01ACtdeDrpi SKIT" A. 1m106L bR IDS N•a et)eonppr RORTOM T:LOgn COMMONWEALTH OF PBNNRVLVANIA• Comely Ir On this, the 12th day of Febmaxy . 1996 . below tow, the andami officer. perm•rdly append geed WILUM D. IIBSSB w Perms whoa name is subscribed to The whhia instretnsat and kanownm toamja executed Use same, for the parpoem harsh, corseted. AC3 "`" IN W WHBRSOP. I hmaunm eel my hand and official ml. ` MY ComuAad= ggayd gsn+s.Inq?yuttfpyyPstgo (imlTO+'?MMgp,ia?lgntrndCptakr Ab WmnartEpewBtPt 2R1tg1 a T•I• of serer ?,?• ?4vnAluaa r...•w• rat 80ne1302tacE1t33 be du x Fans 31•tas ease ALL Cumberland County,f Pennsylvania, eboundediandtdescribed das follows: BEGINNING at a point on the West side of a Public Township Road, Number T-618, said point being on the division line between Lots No. 3 and 4 on the hereinafter mentioned plan of late; thence along said division line between Lots No. 3 and 4, South 33 d.rgrees Went, 150 feet to a point; thence alongg the line of lands now or formerly of Clifford M. pointninitheddivision line betweenuLots Nogrese Bast, 96 feat to a thence along the division line between Lots No. 2 andn3, Worth e3 degrees Bast, 150 feet to a point in the Public Township Road aforesaid, thence along said Public Township Road, North 7 gegrees West, 96 feet to a point, at the place of BEGINNING. BEING Lot No. 3 in a certain Plan of Lots known as Ridgeland Farms laid out for Clifford M. Sgrignoli and William B. Tanny by D. P. Raffensperger and recorded in Cumberland County Plan Book 11, Page 40. .'^ of Penneylvanla SS '1.11 of Cumberland erd In the office for the recording of Dee41 '+'vi berlend COunt??fCy my ham al of off f / . PA t fff lQ 41. ReooMer eg a13D2?4cjJJ34 COMPANYNAME: Mortgage Electronic Registration Systems, Inc. C/0 Homeside Lending, Inc. VERIFICATION I verify that the statements made in the foregoing Complaint are true and correct. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. Dated 6/3/02 By-?? Title Tracy Johnson Vice PraWant \0? C tv r7 SHERIFF'S RETURN - REGULAR CASE NO: 2002-02725 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MORTGAGE ELECTRONIC REG SYS VS HESSE WILLIAM DAWN KELL , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HESSE WILLIAM D the DEFENDANT at 1005:00 HOURS, on the 6th day of June , 2002 at 925 ORRS BRIDGE ROAD MECHANICSBURG, PA 17055 by handing to WILLIAM D HESSE 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 9.66 Affidavit .00 Surcharge 10.00 .00 37.66 Sworn and Subscribed to before P'rdthonot So Answers: me this `? day of Lt-tw 2 ay L A.D. R. Thomas Kline 06/10/2002 PURCELL KRUG HALLER By. AJa ? ? KRSl - Deputy Sheriff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff vs. WILLIAM D. HESSE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 02-2725 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, comes the Plaintiff, Mortgage Electronic Registration Systems, Inc., through its Servicing Agent Homeside Lending, Inc. and by its attorneys, Purcell, Krug & Haller, and files the within Motion for Summary Judgment, and avers in support thereof the following: This action in mortgage foreclosure was originally commenced in the Court of Common Pleas of Cumberland County by Complaint filed to No. 02-2725 on June 5, 2002. 2. The Defendant, William D. Hesse (hereinafter "Defendant"), filed a pro se Answer to Plain- tiff's Complaint on June 20, 2002. 3. In his Answer, the Defendant admitted or partially admitted Paragraphs 2, 3, 5, 6, 7, 8, 9, 10 and 11. 4. In his Answer, the Defendant denied or partially denied Paragraphs 1, 4 and 7 which read as follows: 1. Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., herein after referred to as MERS, is the owner of legal title to the Mortgage subject to the Mortgage to this action and nominee for Homeside Lending, Inc., which is the owner of the entire beneficial interest in the Mortgage, with an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256. 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1302, Page 1128 conveying to original Mortgagee the subject premises. The Mortgage was further assigned to Mortgage Electronic Registration Systems, Inc. and was sent for recording. Said Mortgage and Assignment are incorporated herein. A copy of the Mortgage is attached hereto as Exhibit "B". 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on February 1, 1999 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $108,035.77 Interest at $22.20 per day From 01/01/1999 To 07/01/2002 (based on contract rate of 7.5000%) 29,015.40 Accumulated Late Charges 1,020.80 Late Charges $35.20 From 02/01/1999 to 07/01/2002 1,443.20 Escrow Balance (Deficit) 3,722.50 Attorney's Fee at 5% of Principal Balance 5.401.79 TOTAL $148,639.46 "Together with interest at the per diem rate noted above after July 01, 2002 and other charges and costs to date of Sheriff's Sale. 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 Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 5. The Defendant's "denials" regarding Paragraphs 1, 4 and 7 read as follows: 1. Disagree and Challenge. 4. Disagree and Challenge: Mortgage assignment not included within this complaint and said recording is not evident from exhibits. 7. Disagree in Part and Challenge in Part. Unpaid balance: agreed. Interest: agreed. Accumulated late charges: disagree and challenge Late charges: agreed. Escrow Balance: Disagree and challenge. Attorney's Fees: Agreed subject to specified conditions. 6. Rule 1029 of the Pennsylvania Rules of Civil Procedure governs the proper procedure for a party to respond to factual pleadings. Rule 1029 reads in pertinent part: a) A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder. Admissions and denials in a responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth. b) Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by subdivisions (c) and (e) of this rule, shall have the effect of an admission. C) A statement by a party that after reasonable investigation the party is without knowledge or information sufficient to form a belief as to the truth of an averment shall have the effect of a denial. 2 7. In response to Paragraph 1, the Defendant denied the identity of the Plaintiff and its Servicing Agent. 8. The identity of the Plaintiff, its Servicing Agent and standing as the current holder of the delinquent Mortgage is confirmed in the first four paragraphs of the Plaintiff's Summary Judgment Affidavit filed contemporaneously with this Motion. 9. The Defendant's "denial" to Paragraph 4 should be deemed an admission, because the means of proof as to the recording of the Mortgage and subsequent Assignments are a matter of public record. Additionally, the Plaintiff has attached to its Summary Judgment Affidavit true and correct copies of the recorded Mortgage and Assignments. 10. In Paragraph 7, the Plaintiff averred the fact of the Defendant's default and the amounts outstanding on the Mortgage Note, including the Plaintiff's attorney's fees. 11. The Defendant admitted the fact and date of default, as well as the unpaid principal balance, interest, late charges and amount of Plaintiff's attorney's fees. 12. However, in his Answer to Paragraph 7, the Defendant "disagreed and challenged" the amount of accumulated late charges and escrow deficit pled by the Plaintiff. 13. In response, the Plaintiff confirms the fact of default and all amounts required to pay off and reinstate the delinquent account in its Summary Judgment Affidavit, including the correct amount of the escrow deficit and that there are no accumulated late charges other than the monthly charges which have accrued from the February 1, 1999 date of default forward. 14. The Plaintiff has also attached to its Summary Judgment Affidavit a true and correct copy of its Payment History for the Defendant's account from February 23, 1999 through June 24, 2002. 15. The status of the mortgage payments made to and received by Plaintiff are verified in the Plaintiff's Summary Judgment Affidavit and confirms that the Defendant is in default under the terms of the Mortgage and that no cure has been effected. 16. The Affidavit further indicates that Plaintiff is the owner and holder of the Mortgage dated February 12, 1996 executed by the Defendant in the amount of $111,150.00 for real estate situated at 925 Orrs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania, of which the Defendant is the record owner. 3 17. By reason of the Defendant's foregoing admissions and the documentation of default without an allegation that the default has been cured or documentation thereof, there is no longer a triable issue of fact or law. 18. There being no defense to Plaintiff's Complaint, judgment should be entered in favor of Plaintiff and against Defendant, William D. Hesse. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order granting Plaintiff's Motion for Summary Judgment against Defendant, William D. Hesse. Respectfully submitted, Jill ,I. Wineka, Esquire A ney ID # 58802 Leon P. Haller, Esquire Attorney ID # 15700 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff Dated: V23 /0 Z 4 CERTIFICATE OF SERVICE I, Barbara A. Shadel, an employee of the law firm of Purcell, Krug & Haller, do hereby certify that I served a true and correct copy of Plaintiff's Motion for Summary Judgment upon the following by depositing same in the United States Mail, First Class Postage, Postage Prepaid, addressed as follows: William D. Hesse 925 Orrs Bridge Road Mechanicsburg, PA 17050 Pro Se Defendant Barbara A. Shadel 52& Dated: 9 /a 349A (fcl\homeside\hesselsj motion) ? o 0 fn .-+ ? .s, { } N G ? ?t7 ! Zz -, h AUG-09-2002 11:56 PURCELL,KRUG & HALLER 717 233 1149 P.02i03 MORTGAGE ELECTRONIC REGISTRATION : CIN THE COURT UMBERLAND OF COMMON PLEAS SYSTEMS, INC., Plaintiff : NO. 02-2725 CIVIL VS. CIVIL ACTION -LAW WILLIAM D. HESSE, Defendant IN MORTGAGE FORECLOSURE STATE OF FLORIDA ; se: COUNTY OF Loan No.: 19876735 affm .°= KPl t ie RJWx g being duly sworn, deposes and says: 1. That I am a Vice amsidait _ of Homeside Lending, Inc., Servicing Agent for Mortgage Electronic Registration Systems, Inc., which has a business address of 8120 Nations Way, Building 100, Jacksonville, Fioride 32266, and I have personal knowledge of the facts hereafter set forth. nr familiar with the 2. That si a I have the responsibility to review and Im ?? ? , with aspect files of Homeslda Lendin ending, , I nc c., Servicing Aget for Mortgage Electonic Registation Systmsr to its mortgagors, including William D. Hesse. 31 That Mortgage Electronic Registration Systems, Inc, is the current owner and holder of a Note dated February 12, 1996, executed by William D. Hesse, in the original amount of $111,150.00. A true and correct copy of the Note is attached hereto. 4. That said Note Is secured by a Mortgage, payable to Signet Mortgage Corporation and executed by William 0. Hesse, and recorded on February 13, 1996 in Mortgage Book 1302, Page 1128, in the Recorder of Deeds Office of Cumberland County, Pennsylvania. The Mortgage was assigned to First Union National Bank and the Assignment recorded on November 9, 1998 in Misc. Book 593, Page 1149. The Mortgage was further assigned to the Plaintiff and the Assignment was recorded on September 20, 1999 in Misc. Book 626, Page 182. True and correct copies of the Mortgage and Assignments are attached hereto. 5. That the present owner of record far the property is William D. Hesse, whose last known mailing address Is 925 Orrs Bridge Road, Mechanicsburg, Pennsylvania 17055. 6. That said Note is now in default, the due date of the last installment being February 1, 1999. 7, That the outstanding balance, exclusive of attorney's fees and costs, as of August 31, 2002 is as follows: Present principal balance $108,035.77 709.83 29 Interest from 1/1199 to 8/31102 , 3,722.30 Escrow deficit 1,126.40 Late charges 00 400 Property Inspection fees . 05-m BPO fees ___ Total to pay loan in full $143,269.50 8. That interest accrues from the 1st day of September, 2002, at the rate of $22.19 per diem. 9_ That the monthly payment is $880.03. RUG-09-2002 11:56 PURCELL,KRUG & HALLER 717 233 1149 P.03i03 10. That legal fees incurred to date are $1.750.00. 11. That legal costs incurred to date are $343.16. 12. That the amount necessary to reinstate the mortgage, exclusive of attorney's fees and costs, as of August 31, 2002 is as follows: 43 Payments Q $880.03 $37,641.29 Late charges 11126.40 Escrow shortage 419.68 BPO fees 275.00 Property Inspection fees 400.DO TOTAL TO REINSTATE $40,062.35 13. That attached hereto is a true and correct copy of the Payment History from February 23, 1999 through June 24, 2002, showing payments applied to the Defendant's loan and confirming a date of default of February 1, 1999 and an outstanding principal balance of $108,035.77. 14. That by letter dated April 23, 2002, the Plaintiff sent by certified and regular mall, an Act 91 Notice to the Defendant at his last known address of 925 Orm Bridge Road, Mechanicsburg, Pennsylvania 17050-2139. A true and correct copy of the Act 91 Notice is attached hereto. HOMESIDE LENDING, INC., Servicing Agent for MORTGAGE ELECTRONIC REGISTRATION SYSTEM, INC. By: ARd Title SWORN to and su cribed before me this day of 2002. N ublic My Commission Expires: lA;27_Dd. (SEAL) (rcAhomasidolhaaselSJ Anldavd) PEGGYL.OUEMAN MY COMMISSION M CC 785108 EXPIRES: October 21, 2002 Bonded rnmNotary vwaoundwhimn TOTAL P.03 Hs172467.tit (1696x2800x2 titt) L31 NOTE NOTICE: THIS LOAN IS NOT---ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS - OR ITS AUTHORIZED AGENT. carT? R:4120197075974 February 12th, 1996 Icon 9 Imams IClyl ISMwI 925 ORBS BR M NOAD, MEMiAHICSsmc, PENNsyLVANIA 17055 IP"Ody Addnml 1. BORROWER'S PROMISE TO PAY In retum for a loan that I have received, I promise to pay U.S. S 111,150.00 (this amount is called 'principal'). Pius interest, to the order of the [Lender. The Lemder is Signet M tyage Corporatism . I rmderstaed that the Lender may transfer this Note. The Lander or anyone who trims this Note by transfer and who is entitled to receive Payments under this Note is waled the 'Note Holder.' 1. WrERESr Interest will be charged on unpaid principal until the full amount of principal bar been paid. I will pay interest at a yearly ram of 7.500 %. The interest ate required by this Section 2 is the rate I will pay both before ngd after any default described is Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will any principal and Interest by making payments every month. I will mate mry month)y payment$ on the 1st day of each month beginning on April 1st 1996 . I will male Weae payments every mouth until I have paid all of the principal and interest Mid any other charses described below that f may owe under Otis Note. My mcathly payments will be applied to interest before principal. If. on March 1st, 2026 , I still owe amounts under this Nose. I will pay time amounts in WII on flit date, which is called the 'Maturity Date. I will matte my monthly payments at P.O. Box 27403, ikehloond, Va. 23261-7403 (B) Amount of Monthly payments or at a different piece if required by the Note Holder. My monthly payment will be in the amount of V.S. S 777.18 4. BORROWER'S RIGHT TO PREPAY I have the right to males payments of principal at say time before they am due. A payment of principal only is known as a 'prepayment.' When I make it prepayment, f will tell the Note Holder in writing that 1 am doing so. I my make a foil prepayment or partial prepaymaats without paying my Prepayment charge. The Note Holder will use all of my pepsymon to reduce the amount of principal that I owe under Wig Nots. If I make a partial prepayment, them will be no chasm in the due dam or in the amount of my mouWly payment usleM We Nom Holder agrees in writing to those changes. S. LOAN CHARGES If a law, which applies to this long and which sets -menu- less chases, is finally interpreted so that the interest or other loan charges collected or to be collected in eounudon with this loan exceed tlM permitted limits, then: (i) any such loan charge shall be reduced by the amount necessary to reduce the churns to Wa pw=ttd limit am! (in) 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 reduciag the principal I owe under thin Note or by maldns a direct payment to ow if 4 refund reduces principal. the redaction will be boded as a partial pepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) L.te Charge for OrrdW Payments If the Note Holder her not received We full amount of my monthly paymsmt by the end of Fiftem calendar days after the date it is due, I will pay a late charge to Wa Note Holder. The amount of the charge will be 4.000 S of my overdue payment. I will pay Was late charge promptly but only once on each law psymot (B) Default If I do not Pay the full amount of each monthly psyment an the date it is due, I will be is default. MULTISTA71 AXED RATE NOTE - Single hmay - Fannie rseelFreddle Mae UnNerm Inneumenr Fern 3200 12!137 (OL iv WW1 Amended 4la2 .mar MOaraaer FORMS -mtaasame-mods:. r I111IYINg no. i a r 11-W N¦ Hs172467.tit (1696x2800x2 titt) L4J (C) Notice of Default If I am in default, the Note Holder may seed me a written iotice telling me that if I do not pay the ovookx amount by a certain date, the Note Holder may require me to pay immediately the f0E amount of principal which has not been paid and all the interest that I owe on that amount. That dab must be at least 30 days after the date on which the notice is delivered or mailed to not,. (D) No Waiver By Note Holder Even If, at a time when I am in default, the Note Holder does not require me to pay immediately in full as dwAirbed above. the Note Holder will still have the right to do so if I am in default at a later doom, M Payment of Note Holders Cats and Expenses If the Note Holder has required me to pay immediately in fall a described above, the Note Holder will have the eight to be paid back by me for all of its costa and expeaw in enforcing this Note to the extent not prohibited by applicable law. Those expenses include. for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that oast be given to me under this Now will be given by delivering it or by malliag it by flat class mail to me at the Property Address above or at a different address if I give me Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by mailing it by first class mail to the Nob Hodder et the addmu stated in Section 3(A) above or at a different.ddreas if I a s given a notice of that different address. g. OBLIGATIONS OF PERSONS UNDER THIS NOTE U more than one person sign this Note, each parson is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any possum who is a guarantor, surety or sodoeset of this Note is also obligated to do these things. Any person who takes over than obligations, including the obls'gadons of a guarantor, surety, or endorsor of this Note, is also obligated to keep all of tba promises made in this Nob. The Note Holder may enforce is rights tinder this Note against each peso individually or against all of us together. This mane that any one of a soy be required to pay all of the amounts owed under this Note. 9. WAIVERS 1 and any other person who has obligation under this Note waive the rights of presentment and notice of dishonor. 'Presentment' meahta the right to require the Note Holder to demand payment of amounts due. -Notice of dishonor' mesa the right to require the Note Holder to give notice to other person that amounts due have not ban paid. 10. ALLONGE TO THIS NOTE If an allonge providing for payment adjustments or for any other supplemental information is executed by me Borrower together withthis Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note a if the auonge were a part of this Note. [Check applicable box] ? Graduated Payment Allooge ID Other [Specify]. Q Other [Specify] 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in sow jurisdictions. In addition to the protections given to the N ob Holder under this Note, a Mortgage, Dad of Trust or Security Dead (the 'Security IaatrumenV). dated the some dab as protec this Note, Holder possible Itum es whi Note. That Sxuntylhs Nlntrstment describes haw and under what em red t otesult?rf I? of leap the promises which I make in this of all amounts I owe under this Note. some of moos conditions are described as follow a to make immediate payment in full Regulation (38 C.F.R. Par 36) ismod under the Department of Veteran's Affairs ('V.A.') Guaranteed Loan Authority (38 U.S.C. Chapter 37) and in effect ono the date of loan closing sha0 govern the rights, duties and liability of the parties to this loan and any pcovkdons of this Note which are inconsistent with such regulations are h9teby amended and rappemanted to conform thereto. HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Sca) (Seal) SSN: I f e L p -Honorer •aonoaer SSN: Pay to the Order of •Heverer (SMI) SSN: SSN: -aermwr b`"shc st F :ct;.: /Sign Orfginai Only! Ccrpo.ation WCIALIST Form 3200 12183 Date: 0 a fen ROEERT P. ZIEDLFit RECOADEiR OF FEEDS (;U"BERLAUD COUtITY-pA 196 FE)i 13 P(7 3 05 1 NUoock? 71?C?d?.,,. d•?¢c/?'ta?P6/rGts (. (S??•La,pp/ &L, U Po el Number: to 11- IUu:/ti- Sl?,3 Spa" Above top lloe or Recordiat natal PURCHASE HONEY Case ID: $0505874 MORTGAGE T-n $: 4229779 NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS MORTGAGE ("Security InslrumenP) is given on February 12th, 1996 . The mort a V WILLIAM D. HESSE g bar is ("Borrower"). This Security Instrument is given to Signet Mortgage Corporation which is organized and existing under the laws of the Ctmllotlwealth of Virginia , Bud whose addrrssisP.O. Box 27403, Richmond, Va. 23261-7403 One Hundred Eleven Thousand One Hundred Fifty and ('Lender"). Borrower owes Lender the principal sum of Dollars (U.S. $ 111,150.00 This debt is evidenced by Borrower's note dated the same dale as this Security Instrument ("Note"), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on March 1, 2026 This Security Instrument secures to Lender. (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums, with interest, advanced under paragraph 7 tG protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in cult' LBND County, Pennsylvania: SEE ATTACHMENT A Item 8 Ward 8 which has the address of 925 ORBS BRIDGE ROAD MECHANICSBURG Isveel, a1yl, Pennsylvania 17055 (Zip Codel ("Property Address"); PENNSYLVANIA-Single Family-FNMA/FHLMC UNIFORM INSTRUMENT Perm 3039 9190 ®m SV(PA) 124101 Amend d 5191 VMPMORTGAGE FOaMS.IBO01Bar r.. 1 / Wit `,372 PAGEii28 P.eF 1 218 a p p? InUW: 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. Ali of the foregoing is referred to in this Security Instrument as the "Prop,-y." 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 claim and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations byjurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal and Interest; Prepayment and Late Charges. Borrower shall promptly pay when due the principal of and interest on the debt evidenced by the Note and any prepayment and late charges due under the Note. 2. Funds for Taxes and Insurance. Subject to applicable law or to a written waiver by Lender, Borrower shall pity to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds") for: (a) yearly taxes and assessments which may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasehold payments or ground rents on the Property, if any; (c) yearly hamol or property insurance premiums; (d) yearly flood insurance premiums, if any; (e) yearly mortgage insurance premiums, if any; and (f) any sums payable by Burrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance premiums. These items are called 'Escrow Items." Lender may, at any time, collect and hold Funds in an amount not to exceed the maximum amount u lender for a federally related mortgage loan may require for Borrower's escrow account trader the federal Real Estate Settlement Procedures Act of 1974 as amended from time to time, 12 U.S.C. Section 2601 et seq. ("RESPA"), unless another law that applies to the Funds sets a lesser amount. If so, Lender may, at any time, collect and hold Fonds in an amount not to exceed life lesser amount. Lender may estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with applicable law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if lender is such an institution) or in my Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items. Lender may not charge Borrower for holding and applying the Funds, annually maly2mg the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Foods and applicable law permits Lender to make such a charge. However, Lender may require Borrower to pay a one-tune charge for an independent real estate tax reporting service used by Lender in connection with this low, unless applicable law provides otherwise. Unless m agreement is made or applicable law requires interest to be paid, Leader shall not be required to pay Borrower my interest or earnings on the Funds. ttt Borrower and Lender may agree in writing, however, that interest shall be paid on the Foods. Lender shall give to Borrower, without charge, an annual accounting of the Foods, showing credits and debits to the Foods and the purpose for which each debit to the Funds was made. The Foods are pledged as additional security for all sums secured by this Security Instrument. If the Foods held by Lender exceed the amounts permitted to be held by applicable law, Lender shall account to Borrower for the excess Funds in accordance with the requirements of applicable law. If the amount of the Foods held by Lender at any time is not sufficient to pay the Escrow Items when due, Lender rosy so notify Borrower in writing, and, in such case Borrower shall pay to Lender the amount necessary to make up the deficiency. Borrower shall make up the deficiency in no more than twelve monthly payments, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower tiny Funds held by Lender. If, under paragraph 21, Lender shall acquire or sell the Properly, Lender, prior to the acquisition or sale of the Property, shall apply my Funds held by Lender at the time of acquisition or sale as a credit against the sums secured by this Security Instrument. 3. Application of Payments. Unless applicable law provides otherwise, all payments received by Lender under paragraphs 1 and 2 shall be applied: first, to any prepayment charges due under the Note; second, to amounts payable under paragraph 2; third, to interest due; fourth, to principal due; and last, to any late charges due "der the Note. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tines and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if my. Borrower shall pay these obligations in the manner provided in paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Borrower shall promptly famish to Lender all notices of amounts to be paid under this paragraph. If Borrower makes these payments directly, Borrower shall promptly furnish to Lender receipts evidencing the payments. Borrower shall promptly discharge any lien which hen priority over this Security Instrument unless Borrower: (o) agrees in writing to the payment of the obligation secured by the lim in a manner acceptable to Lender; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent flue enforcement office lien- or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instmment, If Lender determines that my part of the Property is subject to a lien which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or bike line or more of the actions set forth above within 10 days of the giving of notice. / (Z -OVIPA) maws Form 3079 9190 I m ,a. r "r a I"I BonK 1.302 rnce1129 5. Hazard or Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Properly insured against lass by fire, hazards included within the term 'extended coverage" and any other hazards, including floods or flooding, for which Lender require insurance. This insurance shall be maintained in the amounts and for the periods -`' that Lender requires. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shall not be unreasonably withheld. If Borrower fails to maintain coverage described above, Lender may, at Lender's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. All insurance policies and renewals shall be acceptable to Lender and shall include a standard mortgage clause. Lender shall have the right to hold the policies and renewals. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, insurance proceeds shall be applied to restoration or repair of the Property damaged, if the restoration or repair is economically feasible and Lender's security is not lessened. If we restoralion or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. If Borrower abandons the Property, or does not answer within 30 days a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may collect the insurance proceeds. Lender may use the proceeds to repair or restore the Property or to pay sums secured by this Security Instrument, whether or not then due. The 30-day period will begin when the notice is given. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Lender, Borrower's right to any insurance policies and proceeds resulting from damage to the Properly prior to the acquisition shall pass to Lender to the extent of the sums secured by this Security Instrument immediately prior to the acquisition. 6. Occupancy, Prmervalion, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Insimntunl and shall conlinue to occupy Ilia Property as Borrower's principal residence for sit least one you after the dale of occupancy, unless Lender otherwise agree in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate, or comunil waste on the Property. Borrower shall he in default if any forfeiture. action or proceeding, whether civil or criminal, is begun that in Lender's good faith judgment could result in forfeiture of the Property or otherwise materially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure .such a defimll and reinstate, as provided in paragraph 18, by causing the action or proceeding to he dismissed with a ruling that, in Lender's good faith determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the lien created by this Security Instrument or Lender's security interest. Borrower shall also be in default if ._J Borrower, during the loan application process, gave materially false or inaccurate information or statements to Lender (or failed o provide Lender with any material information) in connection with the loan evidenced by the Note, including, but not limited ma. representations concerning Borrower's occupancy of the Property as it principal residence. If this Security Instrument is in a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquire fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 7. Protection of Lender's Rights in the Property. If Borrower fails to perform the covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as it proceeding in bankruptcy, probate, for condemnation or forfeiture or to enforce laws or regulations), then Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Lender's actions may include paying any sums secured by a lien which has priority over this Security Instmment, appearing in court, paying reasonable attorneys' fees and entering on the Property to make repairs. Although Lender may take action under this paragraph 7, Lender does not have to do so. Any amounts disbursed by Lender under this paragraph 7 shall become additional debt of Borrower secured by this Security Instrument. Unless Borrower and Lender agree to outer terms of payment, these amounts shall bear interest from the date uI disbursement at the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting payment. S. Mortgage Insurance. If Lender required mortgage insurance as a condition of making the loan secured by this Security Instrument, Borrower shall pay the premiums required to maintain the mortgage insurance in effect. If, for any reason, the mortgage insurance coverage required by Lender lapses or ceases to be in effect, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the mortgage insurance previously in effect, from an alternate mortgage insurer approved by Lender. If substantially equivalent mortgage insurance coverage is not available, Borrower shall pay to Lender each month a sum equal to one-twelttlh of the yearly mortgage insurance premium being paid by Borrower when the insurance coverage lapsed or ceased to be in effect. Lender will accept, use and retain these payments as a loss reserve in lieu of mortgage insurance. Loss reserve Form 3a3? 9yp? AV(PA) ,va m? ? fq+ /Ir Door 1..'#0°s2encE11a30 '°^"^° payments may no longer be required, at the option of Lender, if mortgage insurance coverage (in the amount and for the period ?. that Lender requires) provided by an insurer approved by Lender again becomes available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect, or to provide a loss reserve, until the requirement for mortgage insurance ends in accordance with any written agreement between Borrower and Lender or applicable law. 9. Inspection. Lender or its agent may make reasonable entries upon and inspections of the Properly. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Cundemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in lieu of condemnation, are hereby assigned and shall be paid to Lender. In the event of a total taking of the Property, the proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with any excess paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Property immediately before the taking is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the taking, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the taking, divided by (b) the fair market value of the Property immediately before the taking. Any balance shall be paid to Borrower. In the event of a partial taking of the Property in which the fair market value of the Properly immediately before the taking is less than the amount of the sums secured immediately before ilia taking, unless Borrower and Lender otherwise agree in writing or unless applicable law otherwise provides, the proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. Unless Lender and Borrower otherwise agree in writing, any application of proceeds to principal shall not extend or postpone the due date of the monthly payments referred to in paragraphs I and 2 or change the amount of such payments. 11. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successors in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall not be a waiver of or preclude ilia exercise of any right or remedy. t. 12. Successors and Assigns Bound; Joint and Several Liability; Co4igners. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security Instrument only to mortgage, grant and convey flim Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the term of this Security Instrument or the Note without that Borrower's consent. 13. Loan Charges. If the loan secured by this Security Instrument is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by snaking a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. Any notice to Lender shall be given by first class mail to Lender's address stated herein or any other address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this paragraph. 15. Governing Law; Severabilily. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Properly is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this and the provisions of this Security Instrument and the Note are declared to be severable. 16. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument Form 3gJ,9 9/na, ®SVIPA)is.rm pw•4 e,a 110'111302pnr1131 17. Transfer of the Property or a Beneficial Interest in Borrower. If all or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural person) without Lender's prior written consent. Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if exercise is prohibited by federal law as of thy, date of this Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 18. Borrower's Right to Reinstate. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earlier of: (a) 5 days (or such other period as applicable law may specify for reinstatement) before sale of the Property pursuant to any power of sale contained in this Security Instrument; or (b) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees; and (d) takes such action as Lender may reasonably require to assure that the lien of this Security Instrument, Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon reinstatement by Borrower, this Security Instrument and the obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in ilia case of acceleration under paragraph 17. 19. Sale of Note; Change of Loan Servicer. The Note or a partial interest in the Note (together with this Security Instrument) may be sold one or more times without prior notice to Borrower. A sale may result in a change in the entity (known as the 'Loan Servicer") that collects monthly payments due under the Note and this Security Instrument. There also may be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change in accordance with paragraph 14 above and applicable law. The notice will state the name and address of the new Loan Servicer and the address to which payments should be made. The notice will also contain any other information required by applicable law. 20. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognised to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substance affecting the Properly is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As used in this paragraph 20, 'Hasrdous Substances" are those substances defined as toxic or hasardous substances by Environmental Law and the following substances: gasoline, kerosene, other Flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in illis paragraph 20, 'Environmental Law' means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NONUNIFORM COVENANTS. Borrower and Lender further covenant and :agree as follows: 21. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleralinn following Borrower's breach Of* :my covenant or agreement in this Security Instrument (but not prior to acceleration under paragraph 17 urdos applicahle 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 most be cured; and (d) that failure to cure the default as specified may result in acceleration of the stuns 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 I'oreelosure 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, sit its option, may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 21, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by applicable law. 22. 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 without charge to Borrower. Borrower shall pay any recordation costs. 23. Waivers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in 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. 24. Reinstatement Period. Borrower's time to reinstate provided in paragraph I8 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 25. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 26. Interest Rate After Judgment. Borrower agrees that the interest rata payable after ajudgment is entered on the Note or in am action of mortgage foreclosure shall be the rate payable from time to time under the Note. Form 30-, ('j®aVIPAllealol P.a•a•le 4 /af/?/Q? 9091( 302FAGEW2 `y r 27. Riders to this Security Instrument. If one or mom riders are executed by Borrower and recorded together with this Security Instrument, the covenants and agreements of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)] Adjustable Rate Rider 0 Condominium Rider tai 1.4 Family Rider Graduated Payment Rider Planned Unit Development Rider Biweekly Payment Rider Balloon Rider Rate Improvement Rider o Second Home Rider V.A. Rider Other(s) [specify) BY SIGNING BELOW, Borrower accepts and agrees to the termZdco;vanants contained in this Security Instmment :cod in any rider(s) executed by Borrower and recorded with it. Witnesses: (y?/J a%/,?o` (Bald) . IJ / WIT.T.TAM D. . H EIFSSE .9nrmwu l aorrowcr -90rm WCr do hereby certify that the correct address of y fs day of February 1996 . ?111•;*u ill. 0. SMITHY N. YERGEL Agent of Mangngw MORTGAGE CLOSER COMMONWEALTH OF PENNSYLVANIA, `(u.,, I County 0: On this, the 12th day of February 1996 , before me, the undersigned officer, personally appeared 'nOROWer Certificate of Residence I, SMITHY N. VERGEL DE DIOS the within-named Mortgagee is 7125 Thomas Edison Drive Columbia NO 21046 Witness in hand th' 12th WILLIAM D. HESSE known to me person whose name is subscribed to the within instrument d k l ' a executed the same for the purposes herein contained. n ac now edgg 5 IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Q ' rklaatlEeet botarYPuble a? n 'J C m 1E MY xprae dept 25, tag? a' ' atavy ?? tiae of Omcer (M '6V IPA 1104101 Per. ewe Bonk 1.302 rnGEID3 In be the Form 91139 9199 ALL THAT CERTAIN described real estate situate in Hampden Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the West side of a Public Township Road, Number T-618, said point being on the division line between Lots No. 3 and 4 on the hereinafter mentioned plan of lots; thence along said division line between Lots No. 3 and 4, South 83 degrees West, 150 feet to a point; thence along the line of lands now or formerly of Clifford M. Sgrignoli and William B. Tenny, South 7 degrees East, 96 feet to a point in the division line between Lots No. 2 and 3 on said plan; thence along the division line between Lots No. 2 and 3, North 83 degrees East, 150 feet to a point in the Public Township Road aforesaid, thence along said Public Township Road, North 7 degrees West, 96 feet to a point, at the place of BEGINNING. BEING Lot No. 3 in a certain Plan of Lots known as Ridgeland Farms laid out for Clifford M. Sgrignoli and William B. Tenny by D. P. Raffensperger and recorded in Cumberland County Plan Book 11, Page 40. of Pennsylvania SS dy of Cumberland '-d in the office for the recording of Dauc!c rid berland Cou Peke nt i-11t?i\1 [7UV01- ?5 1- n'ry hznc n •al of eh? ?/„ _y VJ Recorder DOPR U02 pndiM i c ^' VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER Case ID: $0505879 loan $: 4229779 NOTICE: THIS LOAN IS NOT ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. THIS VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER is made this 12th day of February 1996 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Deed to Secure Debt (herein "Security Instrument") dated of even date herewith, given by the undersigned (herein 'Borrower') to secure Borrower's Note to Signet Mortgage Corporation and covering the Property described in the Security Instrument end located at (herein 'Lender') 925 ORBS BRIDGE ROAD NECEANICSBURG, PENNSYLVANIA 17055 (Property Add...) VA GUARANTEED LOAN COVENANT: In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree es follows: If the indebtedness secured hereby be guaranteed or insured under Title 38, United States Code, such Title and Regulations issued thereunder and in effect on the date hereof shall govern the rights, duties and liabilities of Borrower and Lender. Any provisions of the Security Instrument or other instruments executed in connection with said indebtedness which are inconsistent with said Title or Regulations, including, but not limited to, the provision for payment of any sum in connection with prepayment of the secured indebtedness and the provision that the Lender may accelerate payment of the secured indebtedness pursuant to Covenant 17 of the Security Instrument, are hereby amended or negated to the extent necessary to conform such instruments to said Title or Regulations. LATE CHARGE: At Lender's option, Borrower will pay a "late charge" not exceeding four per centun, (4%) of the overdue payment when paid more than fifteen (15) days after the due dale thereof to cover the extra expense ?- involved in handling delinquent payments, but such "late charge' shall not be payable out of the proceeds of any sale made to satisfy the indebtedness secured hereby, unless such proceeds are sufficient to discharge the entire indebtedness and all proper costs and expenses secured hereby. GUARANTY: Should the Department of Veterans Affairs fail or refuse to issue its guaranty in full amount within 60 days from the date that this loan would normally become eligible for such guaranty committed upon by ilia Department of Veterans Affairs under the provisions of Title 38 of the U.S. Code "Veterans Benefits,' the Mortgagee may declare the indebtedness hereby secured at once due and payable and may foreclose immediately or may exercise any other rights hereunder or take any other proper action as by law provided. TRANSFER OF THE PROPERTY: This loan may be declared immediately due and payable upon transfer of the property securing such loan to any transferee, unless the acceptability of the assumption of the loan is established by the Department of Veterans Affairs or its authorized agent pursuant to Section 3714 of Chapter 37, Title 38, United Slates Code. An authorized transfer ("assumption") of the property shall also be subject to additional covenants and agreements as set forth below: (a) ASSUMPTION FUNpINC t'FF: A fee equal to one-half of 1 percent (.50%) of the balance of this loan as of the date of transfer of the property shall be payable at the time of transfer to the loan holder or its authorized agent, as trustee for the Department of Veterans Affairs. If the assumer fails to pay this fee at the time of transfer, the fee shall constitute an additional debt to that already secured by this instrument, shall bear interest at the rate herein provided, and, at the option of the payee of the indebtedness hereby secured or any transferee thereof, Shull VA GUARANTEED LOAN AND ASSUMPTION POLICY RIDER II II 1195 VMP MORTOaOEMAMS-ISM1aa1? Mf?II? //' P"%1e11 IMYY. 5368 tasoal -` r .'/ IIIIII?IIIIIIII?IIIIII??II (III (III 001w1302fecd135 be immediately due and payable. This fee is automatically waived if the assumer is exempt under the provisions or 38 U.S.C. 3729 (c). (b) ASSUMPTION PRO SSING CHAR Upon application for approval to allow assumption of this loan, a processing fee my be charged by the loan holder or ita authoriud agent for determining the creditworthiness of the assumer and subsequently revising the holder's ownership records when an approved transfer is completed. The amount of this charge shall not exceed the maximum established by the Department of Veterans Affairs for a loan to which Section 3714 of Chapter 37, Title 38, United States Code applies. (c) ASSUMPTION INDEMNITY I IABII ITY: If this obligation is assumed, then the assumer hereby agrees to assume all of the obligation of the veteran under the terms of the instruments creating and securing the loan. The assumer further agrees to indemnify the Department of Veterans Affairs to the extent of any claim payment arising from the guaranty or insurance of the indebtedness created by this instrument. IN WITNESS WHEREOF, Borrower(s) has executed this VA Guaranteed Loan and Assumption Policy Rider. /Z?j ljj&? WILLIAM D. HESSE -Borrower -Bortower ) ?l -Borrower -Borrower -5388 Isaea vs. ¢ .1 2 UOWK130?race1136 PENNSYLVANIA Count' CUMBERLAND TOWNSHIP HAMPDEN PARCEL MO. 10-17-1035-093 POOL No. 00425758CD i LOAN No. 9582206 illlllfll1111111111111111111111111111111 Aasigrm. t:•Xntdrv.-AmordddAS S I GNMENT : KNOW ALL MEN BY T)W-SE PRASPNrs, that SIGNET MORTOA :-::U COUNTY VA '98 NOU 9 AM 9 30 OF MORTGAGE located at 1100 CORPORATE CENTER DRIVE RALEIGH NC 27607 hereinafter referred to an Assignor, for and in consideration of the am of ONA DDLIM Isl.oo) lawful money a the united States of America, together with other good and valuable consideration, to it id hand paid by FIRST UNION PTATIQWL RAW located At 1100 CORPORATE CENTER DRIVE RALEIGH NC 27607 hereinafter referred to as Assignee, at or before the delivery of these presents, the receipt of which is acknevledged, has granted, bargained, sold, assigned, transferred, conveyed and set over unto said Ast its successor& and assigns, all of its right, title and interest in and to that certain Mortgage dated OA 42 day of FEBRUARY 1996 made and executed by WILLIAM D. XESBE i Mora to SIGNET MORTGAGE CORPORATION Morth covering premises situated In the county of -CUMBERLAND Commonwaalth of Petmeyl, more particularly described therein and commonly known ae, PROPERTY ADDRESS: 92S ORBS BRIDGE ROAD, MECRANICSBURG, PA 17055 Said Mortgage was duly recorded on the 13th day of FEBRUARY 19 96 in the office c the Register, Clark of Recorder of Deeds of CUMBERLAND county, in Book _2302 at Pao 1128 g or Document No, of the official Records at said Register Clerk of Recorder of Deeds, together with that certain Note of even data and secured thereby in the Principe amount of CN9 AKPVM 1t<sM 7YV.S fa feu ANIUM FMnT and Ao/100- • cP 111 00 _ made and executed-by mortgagor and payable to the order of the oforementionad Mortgagee. To PAVE AND TO NO(, the memo unto said Assignee, its successors and assigns to its and their proper use and benefit forever. As previously recorded from to on _ in Book _ at Page and -- from on In Book _ at Page and from to on in Book '-- _ at Page ? i omFM764.S.02384 i Page I of a I111111IIIII IIIII11111111111111111111111IN IA" W. BOOK, 593 MGE.11.9 Loan Hal. 9581106 IN N17*SS whEREOV, the said SIGNET MORTGAGE CORPORATION hex esy ed these presents to be duly executed by its proper officer this 15th day of SEPTEMBER 1998 J but Bede effective JANUARY 1, 1998. SIGNET MORTGAGE CORPORATION BY BY I LIAM T. F06 LER ANTNor ALIZI I AS ISTANT SECRETARY VICE PRESIDENT srnrr. P NORTH CAROLINA couNTY OF WARE Chi plE TEMBER 15. 1998 before me, JOYCE FORD personally appeared AVY NY J. ALIZIERI and WILLIAM T FOWLER personally known to se (or proved to me on the basis of satisfactory evidencel to be the persons who execute the within instrument as VS E PRESIDENT andASSISTANT SECRETARY _ on behalf of SIrNET MORTGAGE CORPORATION - and ac*nowled-jed to me thst the Corporation executed it. ,TOYC$T FORD (COMMISSION EXP. 01-?4-03 NVtd.IY Public I The sisipnee hereby certifies, residence is: OFFICIAL BEAL 1 e Notary Public, NoMi Cerolhs JOYCE A. FORD WARE COUNTY, N.C. MY Catmisslon EVires Feb. 24, 2403 ASSIONNCNT OP MORTOAGS afTNSEN, SIGNET MORTGAGE CORPORATION I AND FIRST UNION NATIONAL ANX MAIL TO: ' AssetUnk Process Servlcas A#WDNYW. ALI ER 620 S. Woodruff Ave. VICE PRESIDENT Idaho Falls, ID 83401 i I C)+S . 099.0 0 03 P61S.189.025 6T=FM764.S.02384 INmA1.PA1 Pepe 2 of 2 Blow" 593 PncE1150 1 '. ) rope,,-,, r rl.rl., ..., , . If T I-P '99 6Irll 20 nil 10 39 COtrrrr UMBERLAND TOWNSHIP HAMPDSIV PMC6L 10-17-1035-093 Pool NO. I 00415758CD Loom wo. 1 19876735 (9581106) IfIIIIIIAIII?llllllllillllltllllipllll ' "'°',>Ism1t--1`hbmrv--, e°ASSIGNMENT OF MORTGAGE XWOW Ana IMmrl BY TRUE PRSderra, that .?Y$ST VHION NATIONAL DANK located t1100 CORPORATE CENTER DRIVE RALEIGH NC 17607 hersinf or referred to as Assignor, for and in consideration of the mum of On DOU AR 161.00) lawful money of the united a stes of America, together with other good and valuable consideration, to it in hand paip by a.BL'1 Mc A=STRATION SYSRPM9 A DBTAAARB' GCIRPORATTON Socated cP. O. BOX 2D.26. Xtrmr_ Air enenT-gnnt herein[ er referred to as Assignee, at or before the delivery of theme presents, the raceipt'ot which Is hereby acknowle N1, has granted, bargained, sold, assigned, transferred, conveyed and set over unto said Assignee, its succ seors and assigns, all of its right, title and interest in end to that certain Mortgage dated the 12tt day of EARUARY 96 made and executed by WILLIAM D. HE SE co S10 ET MORTGAGE CORPORATION Mortgagor, Mortgagee, covering premises situated in the County of MMERLAND Cosmonwealth of Pennaylvenia, more par icularly described therein and commonly known as, TOWNS XP OF RAMPDSH PROPS Ty ADDR&SS: 915 ORBS BRZDCZ ROAD, MECHANICSBURG, PA 17053 Said Moe gaga was duly recorded on the 13th da of dEBRUARY Y 1996 In the office of the Reg! ear, Clerk of Recorder of Deeds of _CUMBERLAND County, in Book 1301 at Pag• 118 or Document No. Of the Official Records of said Register, Clerk of,Rscorder of Deader together with that certain Note of even date and secured thereby in the principal amount of crs_mmm i imm mmww 0 MNXW M77 s„d M(100 is 111,150, 00 1 made and Lxxeeuted by mortgagor and payable to the order of the aforementioned Mortgagee. Tn 13AVC AND TO HOLD the same unto said Assignee, its successors and assigns to !ce and their proper use and benefit forever, j I I 1111111 111111111111111fIIII IImI11111111fill 1111 mum 1 00 01 0980 0 0150 4 784 MERE VRU PJM IY: 1-888-679-6377 J.l?M8 8.9.18658 Page 1 of 1 °. ,7r 625 Plu 182 Wan No. 19876735 (9582106) IN NfTNE99 NHENEOi, the said FIRST UNION NATIONAL BANK has Caused these presents to be duly executed by its proper officer this 3rd day of 9 RMBRR I L999 but made effective SBP!$?SR 2, 1999 FIRST UNION NATIONAL BANK SUCCESSOR IN INTER T TO AMMMAN SAMM BANK OF FLOR=4 FEDERAL 94 EVMM J_ W AM NA, FIRST FIDE IBAN 1 ERZUW RALEIGH 1?EDERAL SAVINGS BANK, F B1 DOM"INION? B % , BY ?Lf +?/ti _ EILEEN ADAMS JOAN C00 ASSISTANT VICE PRESIDENT VICE PRESIDENT STATE: OF IDAHO coom or J:KF-M 60N on SEPTEMBER 3, 1999 before me, GINGER NEIBAUR personally appeared JOAN COOK and EILEEN ADAMS persona iy known to me for proved to me on the basis of satisfactory evidence) to be the perams who execute the within i stzwoht as VICE PRESIDENT andASSI9TANT VICE PAUIDENT behalf of FIRST UNION NATIONAL BANK and acknowledged to me that the Corporation executed it. IN N BA (C 19SION RXP. 06-22-09) Notary c VVVVVV GIN=IDAHO NOSTThe assigns hereby certifies. Assfamam of MOhTWOE i mr-Im Mmmtmc Pz=m 7w mw SAC. ^ BITICCEN: FZR9T UNION NATIO)fAJ Precise residence is: P.O. BOX 2026, FLna MI AND AER111 rs srepCilaohriC R9lR;SfRa3TtX/ 98501-2026 --T??? - - rwxa zn, AasetLink Process Services JOAN COOS/ 620 S. Woodruff Ave. VICE PRESIDENT ATTN. KARLERN PARKER Idaho Falla, ID 83401 C.S. 826. 0008 AON 1 0 001 09800025 04 78 4 MM VRU Pfi= a: 1- P.8.821.023 J-FM808.S.18658 iNNNI.PA) Page ] of 1 Box a?_ DAGF 183 ACCOUNT NO.: 19876735 HomeSide Lendin HESSE WD LOAN HISTORY g DATE: 07/08/02 PAGE : 1 - - - - - - -GENERAL ACCOUNT INFORMATION - - - - - - LOAN TYPE: VA L INS TR TYPE: VA FIXED RT SER/ORG: O1/ WILLIAM D HESSE PROPERTY ADD RESS 925 ORR S BRIDGE RD 925 ORRS BRI DGE RD MECHANI CSBURG PA 17050-2139 MECHANICSBUR G PA 1 7055 TEL EPHONE: HM - 717-7 28-9626 TEL EPHONE: W K - 555-5 55-5555 DEAR VALUED CU STOMER: THE FOLLOWING IS A LOAN HISTORY ON THE ABOVE REFEREN CED LOAN. - - - - - - - - - - -BALANCE AND PAYMENT INFORMAT ION - - - - - - - - - - - - ORIGINAL DATA PAYMENT DATA BALANCE DATA ORIG BAL : 111,150.00 DUE DATE 02/01/99 PRIN MTG DATE : 02/12/96 P / I 108 ,035.77 1ST PAYMT: 04/96 ESC 777.18 YTD INT .00 MTG TERM 360 INS 102.85 ESC 3 ,722.50- MATURITY 03/26 TOTAL .00 LTE CHG 1 ,056.00 • 880.03 NSF BAL .00 PIR BAL 10.75 - -- - - - -- - -- -- LOAN HISTORY- - - - - - - - - - --- DATE DUE PRIN APPL INTEREST ESCROW LATE/ INSUR/ ...*MISC*"*** RUNNING RCVD DATE TR 022399 0598 FEES /DESC APPL APPL PAYEE LNK NO A01D25261R TR APPL TOTAL PRINCIPAL BAL RUNNING ESCROW BAL 062499 0598 FEES F06D25261R 28 1500.00- 1500.00- 108828.96 1394.61- 062499 0598 FEES F14D25261R 28 500.00- 500.00- 108828.96 1394.61- 050198 0598 FEES F27D25261R 28 50.00- 50.00- 108828.96 1394.61- 050198 0598 FEES T02D25261R 28 1000.00- 1000.00- 108828.96 1394.61- 050198 0598 FEES F14D25261R 28 300.00- 300.00- 108828.96 1394.61- 062398 0598 FEES T02D25261R 28 199.99- 199.99- 108828.96 1394.61- 062398 0598 FEES F14D25261R 28 300.00 300.00 108828.96 1394.61- 062398 0598 FEES F27D25261R 28 199.99 199.99 108828.96 1394.61- 101899 0698 FEES PIRD2526IR 28 1000.00 1000.00 108828.96 1394.61- 101999 0698 LATE CHG ASSESSED 28 15.00- 15.00- 108828.96 1394.61- 111199 1099 F02D25261R 35.20- 35.20- 108828.96 1394.61- 111799 0698 LATE CHG ASSESSED 11186 1831893 275.00- 275.00- 108828.96 1394.61- 111899 0698 FEES PIRD25261R 35.20- 35.20- 108828.96 1394.61- 121599 0698 FEES PIRD25261R 28 15.00- 15.00- 108828.96 1394.61- 121799 0698 LATE CHG ASSESSED 35 20- 28 15.00- 15.00- 108828.96 1394.61- 122799 1299 F63D25261R . 37300 1919579 35.20- 108828.96 1394.61- 122799 1299 T02D25261R 5.00- 5.00- 108828.96 1394.61- 122799 1299 T02D25261R 37300 1919579 75.00- 75.00- 108828.96 1394.61- 122799 1299 F63D25261R 37300 1919579 355.00- 355.00- 108828.96 1394.61- 122799 1299 T02D25261R 37300 1919579 5.00- 5.00- 108828.96 1394.61- 122799 1299 F14D25261R 37300 1919579 60.00- 60.00- 108828.96 1394.61- 122799 1299 F27D25261R 37300 1919579 45.50- 45.50- 108828.96 1394.61- 122799 1299 F63D25261R 37300 1919579 100.00- 100.00- 108828.96 1394.61- 122799 1299 F31D25261R 37300 1919579 9.00- 9.00- 108828.96 1394.61- 122799 1299 F42D25261R 37300 1919579 1000.00- 1000.00- 108828.96 1394.61- 122799 1299 T05D25261R 37300 1919579 45.00- 45.00- 108828.96 1394.61- 122799 1299 F27D25261R 37300 1919579 15.00- 15.00- 108828.96 1394.61- 122799 1299 F63D25261R 37300 1919579 37.50- 37.50- 108828.96 1394.61- 122799 1299 F63D25261R 37300 1919579 675.00- 675.00- 108828.96 1394.61- 37300 1919579 75.00- 75.00- 108828.96 1394.61- END OF YEAR :99 011900 0698 LATE CHG ASSESSED 35.20- 012600 0200 HAZ INSUR 3BEP49662 35.20- 108828.96 1394.61- 263.00- 01915 263.00- 108828.96 1657.61- ACCOUNT NO.: 1 9876735 HESSE HomeSide Lending DATE: 0 7/08/02 WD LOAN HISTORY PAGE : 2 - - - - - - -GENERAL ACCOUNT INFORMATION - - - - - - LOAN TYPE: VA L INSTR TYPE: VA FIXED RT SER /ORG: Ol/ - - - - - • - - - - - - -LOAN H ISTORY - - - - - - - - . - DATE DUE PRIN APPL INTEREST ESCROW LATE/ INSUR/ ****MISC*•**• RCVD DATE TR /DESC APPL APPL PAYEE CHK NO 7R APPL RUNNING RUNNING 021700 0698 LATE CHG ASSESSED 35 20- TOTAL PRINCIPAL BAL ESCROW BAL 021700 0100 F05D25261R . 37300 2056818 35.20- 108828.96 1657.61- 022300 0698 FEES PIRD2526IR 100.00- 100.00- 108828.96 1657.61- 031700 0698 LATE CH G ASSESSED 28 10.75- 10.75- 108828.96 1657.61- 032300 0698 FEES PIRD25261R 35.20- 35.20- 108828.96 1657.61- 032400 0200 801D25261R 28 10.75- 10.75- 108828.96 1657.61- 032400 0400 TOWNSHI P PAID001 37300 203 26- 37 2115489 890.00- 890.00- 108828.96 1657.61- 041800 0698 LATE CHG ASSESSED . 562 203.26- 108828.96 1860.87- 041900 0698 FEES PIRD2526IR 35.20- 35.20- 108828.96 1860.87- 051700 0698 LATE CHG ASSESSED 28 10.75- 10.75- 108828.96 1860.87- 051700 0698 FEES PIRD2526IR 35.20- 35.20- 108828.96 1860.87- 061700 0698 LATE CHG ASSESSED 28 10.75- 10.75- 108828.96 1860.87- 062300 0698 FEES PIRD2526IR 35.20- 35.20- 108828.96 1860.87- 071800 0698 LATE CHG ASSESSED 28 10.75- 10.75- 108828.96 1860.87- 072100 0698 FEES PIRD25261R 35.20- 35.20- 108828.96 1860.87- 073100 0800 SCHOOL PAID001 879.65- 37562 28 10.75- 10.75- 108828.96 1860.87- 081700 0698 LATE CHG ASSESSED 879.65- 108828.96 2740.52- 081800 0698 FEES PIRD25261R 35.20- 35.20- 108828.96 2740.52- 091900 0698 LATE CHG ASSESSED 28 10.75- 10.75- 108828.96 2740.52- 092600 0698 FEES PIRD25261R 35.20• 35,20- 108828.96 2740.52- 101700 0698 LATE CHG ASSESSED 28 10.75- 10.75- 108828.96 2740.52- 101700 0698 FEES PIRD2526IR 35.20- 35.20- 108828.96 2740.52- 110300 1199 SUSPENSE BNK 28 10.75- 10.75- 108828.96 2740.52- 111700 0698 LATE CHG ASSESSED 29 7200.00 7200.00 108828.96 2740.52- 111700 0698 FEES PIRD25261R 35.20- 35.20- 108828.96 2740.52- 120500 1199 SUSPENSE BNK 28 10.75- 10.75• 108828.96 2740.52- 120500 1299 PAYMENT 97.00 680.18 102.85 29 7040.24- 7040.24- 108828.96 2740.52- 120500 0100 PAYMENT 97.61 679.57 102.85 880.03 108731.96 2637.67- 120500 0200 PAYMENT 98.22 678.96 102.85 880.03 108.35 34 2534.82- 120500 0300 PAYMENT 98.83 678.35 102 85 880.03 1085 536.13 2431.97- 120500 0400 PAYMENT 99.45 . 677.73 102 85 880.03 108437.30 2329.12- 120500 0500 PAYMENT 100.07 , 677.11 102.85 880.03 108337.85 2226.27- 120500 0600 PAYMENT 100.69 676.49 102 85 880.03 108237.78 2123.42- 120500 0700 PAYMENT 101.32 . 675.86 102.85 880 . 03 108137 .09 .57- 121900 0299 LATE CHG ASSESSED 880 . 03 108035 .77 1917. 1917 72- 35.20- 35.20- 108035.77 1917.72- END OF YEAR :00 011701 0299 LATE CHG ASSESSED 35 20- 012301 0299 FEES PIRD25261R . 35.20- 108035.77 1917,72- 012601 0201 HA2 INSUR 38EP49662 264.00- 01915 28 10.75- 10.75- 108035.77 1917.72- 021701 0299 LATE CHG ASSESSED 35 20- 264.00- 108035.77 2181.72- 022601 0299 FEES PIRD25261R . 35.20- 108035.77 2181.72- 022801 0199 SUSPENSE BNK 28 10.75- 10.75- 108035.77 2181.72- 022801 0199 29 2809.60 2809.60 108035.77 2181.72- 022801 0199 2969.36- 2969.36- 108035.77 2181.72- 030101 0199 SUSPENSE BNK SUS 2969.36 2969.36 108035.77 2181.72- 030101 0199 LT CHG PD BNK TO L/C 29 2809.60- 2809.60- 108035.77 2181.72- 030101 0199 FEES 877D25261R 698.80 698.80 108035.77 2181.72- 030101 0199 FEES 877D25261R 28 1878.46 1878.46 108035.77 2181.72- 030101 0199 FEES 877D25261R 28 45.00 45.00 108035.77 2181,72- 031501 0299 FEES PIRD2526IR 28 187.34 187.34 108035.77 2181.72- 031701 0299 LATE CHG ASSESSED 28 10.75- 10.75- 108035.77 2181.72- 032801 0199 35.20- 35.20- 108035.77 2181.72- 032801 0199 159.76- 159.76- 108035.77 2181.72- 033001 0401 TOWNSHIP PAf0001 240.34- 37562 159.76 159.76 108035.77 2181.72- 041701 0299 LATE CHG ASSESSED 240.34- 108035.77 2422.06- 35.20- 35.20- 108035.77 2422.06- ACCOUNT NO.: 1 9876735 HESSE HomeSide Lending DATE: 0 7/08/02 WD LOAN HISTORY PAGE : 3 - - - - - - -GENERAL ACCOUNT INFORMATION - - - - - - LOAN TYPE: VA L INSTR TYPE: VA FIXED RT SER /ORG: O1/ - - - - • - - - - - - - -LOAN HISTORY - - - - - - - - - DATE DUE PRIN APPL INTEREST ESCROW LATE/ INSUR/ ** **MISC***** RCVD DATE TR /DESC APPL APPL PAYEE CHK NO TR G N 041801 0299 FEES PIRD25261R , APPL TOTAL PRINCIPAL SAL ESCROW SAL 051501 0299 FEES PIRD25261R 28 10.75- 10.75- 108035.77 2422.06- 051701 0299 LATE CH G ASSESSED 28 10.75- 10.75- 108035.77 2422.06- 051801 0700 SUSPENSE BNK 35.20- 35.20- 108035.77 2422.06- 051801 0199 ESCROW 29 159.76- 159.76- 108035.77 2422 06- 061301 0299 FEES PIRD25261R 159.76 159.76 108035.77 . 2262.30- 061901 0299 LATE CHO ASSESSED 28 20.00• 20.00- 108035.77 2262.30- 071301 0601 F05D25261R 35.20- 35.20- 108035.77 2262.30- 071701 0299 LATE CHG ASSESSED 37300 3394754 1564.46- 7564.46• 108035.77 2262.30- 071901 0299 FEES PIRD2526IR 35.20- 35.20- 108035.77 2262.30- 073101 0801 SCHOOL PAI0001 28 1016.86- 37562 20.00- 20.00- 108035.77 2262.30- 081701 0299 LATE CHG ASSESSED 1016.86- 108035.77 3279.16- 082201 0299 FEES PIRD2526IR 35.20- 35.20- 108035.77 3279.16- 091701 0299 FEES PIR025261R 28 20.00- 20.00- 108035.77 3279.16- 091901 0801 FEES 835D25261R 28 20.00- 20.00- 108035.77 3279.16- 091901 0801 ESCROW 28 90.81- 90.81- 108035.77 3279 16- 092001 0299 LATE CHG ASSESSED 90.81 90.81 108035.77 . 3188.35- 101707 0299 LATE CHG ASSESSED 35.20- 35.20- 708035.77 3188.35- 103101 1001 804D25261R 35.20- 35.20- 108035.77 3188.35- 111701 0299 LATE CHG ASSESSED 37300 3746217 100.00- 100.00- 108035.77 3188.35- 121801 0299 LATE CHG ASSESSED 35.20- 35.20- 108035.77 3188.35- 35.20- 35.20- 108035.77 3188.35- END OF YEAR :01 010302 0102 BlOD25261R 37300 3992640 90 00- 010302 0102 SOID25261R 37300 3992640 . 90.00- 108035.77 3188.35- 011702 0299 LATE CHG ASSESSED 700.00- 700.00- 108035.77 3188.35- 012202 0299 FEES PIRD25261R 35.20- 35.20- 108035.77 3188.35- 012902 0202 HA2 INSUR 38EP49662 28 263 00- 02477 10.75- 70.75- 108035.77 3188.35- 021402 0299 FEES PIRD2526IR . 4148382 263.00- 108035.77 3451.35- 022002 0299 LATE CHG ASSESSED 28 10.75- 70.75- 108035.77 3451.35- 031902 0299 LATE CHG ASSESSED 35.20- 35.20- 108035.77 3451.35- 032202 0299 FEES P[R025267R 35.20- 35.20• 108035.77 3451.35- 041702 0299 LATE CHG ASSESSED 28 10.75- 70.75• 708035.77 3451.35- 041902 0402 TOWNSHIP PAID001 35.20- 271.75- 37562 35.20- 108035.77 3451.35- 042202 0299 FEES PIRD25261R 271.15- 108035.77 3722.50- 051702 0299 LATE CHG ASSESSED 28 10.75- 10.75- 108035.77 3722.50- 053002 0299 FEES 905PIR CHG 35.20- 35.20' 108035.77 3722.50- 061802 0299 LATE CHG ASSESSED 28 10.75- 70.75- 108035.77 3722 50- 062002 0299 FEES PIRD25261R 35.20- 35.20- 108035.77 . 3722.50- 062402 0602 F48D25261R 28 20.00- 20.00- 108035.77 3722 50- 062402 0602 T02D25261R 50004 4678561 1 500.00- 1500.00- 108035.77 . 3722 50- 50004 4678561 250.00- 250.00- 108035.77 . 3722.50- END OF YEAR :02 I T I HOMESIDE HAS POLICIES AND PROCEDURES DESIGNED TO PROTECT ITS CUSTOMERS' INFORMATION. HOMESIDE PROVIDES CUSTOMER INFORMATION TO OTHERS ONLY UNDER CERTAIN CIRCUMSTANCES AND BASED ON THE REQUESTING PARTY'S REPRESENTATIONS THAT EACH CUSTOMER TO WHOM THE INFORMATION REFERS HAS AUTHORIZED THE REQUESTING PARTY TO DO SO. IF ANY PERSON MAKES A FALSE OR MISLEADING REPRESENTATION TO OBTAIN CUSTOMER INFOMATION THAT PERSON MAY HAVE COMMITTED A FEDERAL CRIME, PUNISHABLE BY FINES OF UP TO $250,000 AND/OR IMPRISONMENT OF UP TO 10 YEARS UNDER 15 U.S.C. SS 6821. HOMESIDE MAY REPORT TO THE PROPER AUTHORITIES ANY INCIDENT IN WHICH IT SUSPECTS CUSTOMER INFORMATION HAS BEEN OBTAINED THROUGH FALSE PRETENSES. END OF SEARCH FOR LOAN: 19876735 TRANS SELECTED: April 23, 2002 WILLIAM D HESSE 925 ORRS BRIDGE RD MECHANICSBURG PA 17050-2139 Re: PrLoan operty Number: 925 7ORRS BRIDGE RD MECHANICSBURG, PA 17055 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on.your home is in default, and the lender intends to foreclose. Specific information about the nature of.the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home. This Notice explains how the program works. Io see if HWEMAP helpY you must MEET WITH A CONSUMER CREDIT COUNSEL-AGENCY 30 with you when you meet withFtheECounselingHAgencYICE. Take this Notice The name, address and phone number of Consumer Credit Counseling Agencies servicing your County are listed in the enclosure. If you have an questions, you may call the Pennsylvania Housing Finance Agency oq1 free at v-800-342-2397. (Persons with impaired hearing can call (717)780-1869.) This notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling A ency may be able to help explain it. You may also want to contact an a9torney in your area. The local bar association may be able to help you find a lawyer. L PROGRAMA CUAL POTECA. YOU HAVE NOT MADE SCHEDULED MORTGAGE PAYMENTS for the following months and the following amounts are now past due: Months Delinquent: Pa ment Amount: LaKe Charge Balance: Property Inspections: Return Item NSF Fees: Total Due: 39 $880.03 985.60 0 0 $35,306.77 DRP - CL63 PUAG Page 1 of 4 P.O. Box 47530 San Antonio TX 78265-7530 HomeSide may be deemed by applicable1lawOto be a debt collector with respect to your loan; This is an attem t to collect a debt, and any information you provide us may be used or that purpose. STATEMENTS OF POLICY April 23 2002 WILLIAM AESSE 19876735 STATEMENTS OF POLICY HOW -You DAYSTofOthe dateDofAthis cure the default DUE)TO THE LENDER WHICH IS $35,306.77, PLUS ANY MORTGAGE PAYMENTS AND LATE me madeHeBtherEbyyUcash, (30) DAY ccheckPormmoney order made payable and sent to: Attn Cashiering Department HomeSide Lending 9601 McAllister Frwy Mail-Stop SA-7 San Antonio, TX 78216 THIYRTOU DO (30) DAYSRofTtheDdateLof thisoNotticeottherlenderdintendswtoohin exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and ou may lose the chance to pay the mortgage in monthly installments. Ir full pa ment of the total amount past due is not made within THIRTY (30) DAYS she lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF YOUR MORTGAGE IS FORECLOSED UPON--The mortgaged ppro erty will be sold by the Sheriff to pay off the mortgage deb g. If the lender hreefers your case to its attorneys, but you cure mortgage delinquency before lender begins legal proceedings against you, you will still be required to payy the reasonable attorney's fees that were actually incurred, up to S5 D.00. However if legal proceedings are started against you, ou wil have to pay ali reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's ees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES--The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE--If you have not cured the default within the THIRTY (30) DAY period and foreclosure and°prevent theesaleuat any timeluphave to one right Sale. You may do so by paying the total amount then past due, plus costsaconnectedewithathes foreclosurersalenandeantt other costss connected erf porminghanyfotherarequirementslunder' thetmorrtgage. Curing and by default in the manner set forth in this notice will restore yourumort- gage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE--It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged troperty could be held would be a pproximately six (6) months from he da e of this Notice. A before thetsale. Of ccourse, tthe he amountfneededetol curee thendefaul ctuwill increase the longer you wait. You may find out at an time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: Address: Phone Number: Fax Number: TDD Number: HomeSide Lending Collections Department 9601 McAllister Frwy San Antonio TX 78216 1-800-781-504 (210)525-7730 (210)525-7007 DRP - CL63 PUAG Page 2 of 4 P.O. Box 47530 San Antonio TX 78265-7530 HomeSide may be deemed by appliccable1lawOto be a debt collector with respect to your loan. This is an attem t to collect a debt, and any information you provide us may be used for that purpose. April 23 2002 WILLIAM AESSE 19876735 E end FFECT OF SHERIFF'S SALE--You should realize that a Sheriff's Sale pwpill a l wsu. ouncontinueftohliverinanhe property afterotherSneriff'scSale, couldsbetstarted by the lenderuatfanyitimegs and other belongings Homeowner's Name(s): WILLIAM D HESSE Property Address: 925 ORRS BRIDGE RD Loan Account Number: 119876735SBURG PA 17055 Original Lender: BK ONE TRST CO TRSTEE HFC/EFC VA Current Lender/Servicer: HomeSide Lending STATEMENTS OF POLICY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS HOME IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY R&UIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY TEMPORARY STAY OF FORECLOSURE--Under the Act, you are entitled to a fromotheydateyoffthiseNotice. oDuring thatgtimefyoutmustyarrangeasnd attend a "face-to-face" meeting with one of the consumer credif coun- seling agqencies listed at the end of this Notice. THIS MEETING MUST EMERGENCYI;MORTGAGEEASSISTANCE(3YOUDMUST BRING YOUR MORTGAGEE UP FOR TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. consumerEcredittlcounselingN agencies Elistedyat thetendtof othisfnotice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names addresses and elephone numbers which s tneaproperty°isrlocated arensetifortneati thef ends of thistNOtice. It is only necessary to schedule one face-to-face meeting. Advise your lender IMMEDIATELY of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE--Your mcrt age is in default for the reasons set forth later in this Notice (see following ages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have Emergency Mortgage Afor ssistance Program. Toedoo so tyouHwfillsout, sign and file a completed Homeowner's Emergency assistance Program agencies1 listedhatnthefendeofe thiisaNotice. onlyCconsumerucreditgcoun- seling agencies have applications for the pro ram and they will assist FinancesAbency. YouroaapplicatiioniMUSTObetfilged ornpostmarkedHwithin thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF FORECLOSYOU DO THEROCEEDOTHER ANDSYOURLETTER CATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. ?LI- DRP - CL63 PUAG Page 3 of 4 P.O. Box 47530 San Antonio TX 78265-7530 HomeSide may be deemed by applicable1lawOto be a debt collector with respect to your loan. This is an attempt to collect a debt, and any information you provide us may be used for that purpose. April 231? 2002 WILLIAM kESSE 19876735 AGENCY ACTION--Available funds for emer enc mortgage assistance are very limited. The will be disbursed by ?he gency under the eligi- bility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedingqs will be pursued against you if you have met the time requirements seE forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: BANKRUPTCY, THEEFOLLOWINGYPARTTOFTTHISYNOTHE TICEFILING FORFINFORMATION PUR- POSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) STATEMENTS OF POLICY HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) NATURE OF THE DEFAULT--The MORTGAGE debt held by the above lender on the property located at: 925 ORRS BRIDGE RD MECH, PA 1755 IS SERIOUSLY IN DEFAULT bec auseNylouBhave failedOto ayy installments of pprincipal and inferest, as requiredp forrramperiod of at least sixty (b 0) days. ASSUMPTION OF MORTGAGE--You (**)may (*fe*)mreaey notwho(wilchelcks transfer your home to a buyer or trans aonesume) tsheell or mortgage debt, rovided that all the outstandin and attorneyIs fees and costs are paid g Payments, charges that the other requirements of themortggagerare satisfied.sale and Departmenteath1-800 yy-845-3649agEo determine s or if your loanAisuassumable. YOU MAY ALSO HAVE THE RIGHT * TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. * TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. * TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD RIGHTCTORCURED IF RR YOURYODEFAULTU CURE ANYOCALNOT ENAR EYEATHE R.) * TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. * TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. * TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. Collection Department Enclosure cc: First Class and Certified Mail No: Addressee 925 ORRS BRIDGE MECHANIICSBURG, PA D 17055 DRP - CL63 PUAG Page 4 of 4 P.O. Box 47530 San Antonio TX 78265-7530 HomeSide may be deemed by applicablellawOto be a debt collector with respect to your loan. This is an attem t to collect a debt, and any information you provide us may be used for that purpose. CUMBERLAND COUNTY CCCS of Western Pennsylvania, Inc. 2000 Linglestown Road Harrisburg, PA 17102 (717) 541-1757 Urban League of Metropolitan Harrisburg North 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX# (717) 234-9459 Community Action Commission of the Capital Region 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX# (717) 234-2227 Financial Counseling Services of Franklin 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YMCA of Carlisle 301 G Street Carlisle, PA 17013 (717) 243-3818 FAX# (717) 731-9589 Adams County Housing Authority 139-143 Carlisle Street Gettysburg, PA 17325 (717) 334-5925 FAX# (717) 334-8326 CERTIFICATE OF SERVICE I, Barbara A. Shadel, an employee of the law firm of Purcell, Krug & Haller, do hereby certify that I served a true and correct copy of Plaintiffs Summary Judgment Affidavit upon the following by depositing same in the United States Mail, First Class Postage, Postage Prepaid, addressed as follows: William D. Hesse 925 Orrs Bridge Road Mechanicsburg, PA 17050 Pro Se Defendant Barbara A. Shadel Dated: q/a 31Q A (fclWomesideV*sselsj brief] C) ca Q r a (T17 *. 1 i7 i 3 . ?: ' i-f L cc 1 W 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: ? Pre-Trial Argument Court E Argument Court CAPTION OF CASE (entire caption must be stated in full) Mortgage Electronic Reqistration Systems, Inc. vs. William D. Hesse, vs. (Plaintiff) (Defendant) No. 02-2725 Civil Term P91 I. State matter to be argued (i. e., plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff: Jill M. Wineka, Esquire (b) fordefendanC William D. Hesse, Pro Se Defendnat 3. I will notify all parties in writing within two days that this case has been listed for argument. _ ? Inlti (A rney for Plaintiff ) Ji M. Wineka, Esquire Dated: 10 /Z f--11UL CERTIFICATE OF SERVICE I, Barbara A. Shadel, an employee of the law firm of Purcell, Krug & Haller, do hereby certify that I served a true and correct copy of the Praecipe to List Case for Argument on the following by depositing same in the United States Mail, First Class Postage, Postage Prepaid, addressed as follows: William D. Hesse 925 Orrs Bridge Road Mechanicsburg, PA 17050 Pro Se Defendant Barbara A. Shadel Dated: IdId. #0 r> _ > ?S ?- ' -? .T?` , n i; ?_a ???_ ? .?. 4... .. LJ `?) .?? .. :: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., PLAINTIFF V. WILLIAM D. HESSE, DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA 02-2725 CIVIL TERM ORDER OF COURT AND NOW, this 24/%4&_ day of December, 2002, the defendant's motion for a continuance of argument, IS DENIED. urt, Edgar B. Bayley, /Jill M. Wineka, Esquire 1719 North Front Street Harrisburg, PA 17102 William D. Hesse, Pro se 925 Orrs Bridge Road Mechanicsburg, PA 17050 03 °(13 :sal ? cA ? S ? ? 3•L ? LL-! ?. "wa ';,'_7 CIJ CS MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff Vs. William D Hesse Defendant In the Court of Common Pleas Cumberland CO., Pennsylvania NO. 02-2725 CIVIL ACTION - LAW IN MORTGAGE FORECLOSE Defendant's Motion for Continuance of Arguments for Summary Judgment NOW COMES Defendant, William D. Hesse, in pro se, before this Honorable Court and moves for continuance of this matter. Continuance is requested by the defendant in order to have legal counsel present on his behalf to insure that Court Rules 210-1 through 210-14 and any other Court Rules are strictly at hereto in the arguments against Summary Judgment. SPEC SUBMITTED ' LQ i a Hesse 925 Orrs Bridge Rd Mechanicsburg, PA 17050 717-728-9626 cc: Jill M. Wineka, Esq. Attorney ID # 58802 Leon P. Haller, Esq. Attorney ID # 15700 Purcell, Krug & Haller 1719 North Front St Harrisburg, Pa 17102 (717) 234-4178 Attorneys for Plaintiff Dated this Day of November 29, 2002 co N r r ':..J 1 SEP 2 5 2002 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA vs. WILLIAM D. HESSE, Defendant NO. 02-2725 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE ORDER AND NOW, this .7LJ' day of 2002, upon consideration and review of the Plaintiff's Motion for Summary Judgment, IT IS HEREBY ORDERED AND DECREED that an in rem Judgment is entered in favor of the Plaintiff, Mortgage Electronic Registration Systems, Inc. and against the Defendant, William D. Hesse, in the sum of $145,362.66, together with interest at the rate of $22.19 per diem from September 1, 2002, plus any additional costs and escrow advances for taxes and insurance. Distribution: Jill M. Wineka, Esq., 1719 N. Front St., Harrisburg, PA 17102 / William D. Hesse, 925 Orrs Bridge Road, Mechanicsburg, PA 17050, Pro Se Defendant " ?``?- JjJ X1.. MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff vs. WILLIAM D. HESSE, Defendant IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA NO. 02-2725 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT AND NOW, comes the Plaintiff, Mortgage Electronic Registration Systems, Inc., through its Servicing Agent Homeside Lending, Inc. and by its attorneys, Purcell, Krug & Haller, and files the within Motion for Summary Judgment, and avers in support thereof the following: This action in mortgage foreclosure was originally commenced in the Court of Common Pleas of Cumberland County by Complaint filed to No. 02-2725 on June 5, 2002. 2. The Defendant, William D. Hesse (hereinafter "Defendant"), filed a pro se Answer to Plain- tiff's Complaint on June 20, 2002. 3. In his Answer, the Defendant admitted or partially admitted Paragraphs 2, 3, 5, 6, 7, 8, 9, 10 and 11. 4. In his Answer, the Defendant denied or partially denied Paragraphs 1, 4 and 7 which read as follows: 1. Plaintiff, MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., herein after referred to as MERS, is the owner of legal title to the Mortgage subject to the Mortgage to this action and nominee for Homeside Lending, Inc., which is the owner of the entire beneficial interest in the Mortgage, with an address of 8120 Nations Way, Building 100, Jacksonville, Florida 32256. 4. Contemporaneously with and at the time of the execution of the aforesaid Mortgage Note, in order to secure payment of the same, Defendant made, executed and delivered to original Mortgagee, a certain real estate Mortgage which is recorded in the Recorder of Deeds Office of the within County and Commonwealth in Mortgage Book 1302, Page 1128 conveying to original Mortgagee the subject premises. The Mortgage was further assigned to Mortgage Electronic Registration Systems, Inc. and was sent for recording. Said Mortgage and Assignment are incorporated herein. A copy of the Mortgage is attached hereto as Exhibit "B". 7. The Mortgage is in default due to the fact that Mortgagor has failed to pay the installment due on February 1, 1999 and all subsequent installments thereon, and the following amounts are due on the Mortgage: UNPAID PRINCIPAL BALANCE $108,035.77 Interest at $22.20 per day From 01/01/1999 To 07/01/2002 (based on contract rate of 7.5000%) 29,015.40 Accumulated Late Charges 1,020.80 Late Charges $35.20 From 02/01/1999 to 07/01/2002 1,443.20 Escrow Balance (Deficit) 3,722.50 Attorney's Fee at 5% of Principal Balance _ 5,401.79 TOTAL $148,639.46 "Together with interest at the per diem rate noted above after July 01, 2002 and other charges and costs to date of Sheriff's Sale. 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 Sheriff's Sale. If the Mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged that are actually incurred by Plaintiff. 5. The Defendant's "denials" regarding Paragraphs 1, 4 and 7 read as follows: 1. Disagree and Challenge. 4. Disagree and Challenge: Mortgage assignment not included within this complaint and said recording is not evident from exhibits. 7. Disagree in Part and Challenge in Part. Unpaid balance: agreed. Interest: agreed. Accumulated late charges: disagree and challenge Late charges: agreed. Escrow Balance: Disagree and challenge. Attorney's Fees: Agreed subject to specified conditions. 6. Rule 1029 of the Pennsylvania Rules of Civil Procedure governs the proper procedure for a party to respond to factual pleadings. Rule 1029 reads in pertinent part: a) A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder. Admissions and denials in a responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth. b) Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by subdivisions (c) and (e) of this rule, shall have the effect of an admission. C) A statement by a party that after reasonable investigation the party is without knowledge or information sufficient to form a belief as to the truth of an averment shall have the effect of a denial. 2 7. In response to Paragraph 1, the Defendant denied the identity of the Plaintiff and its Servicing Agent. 8. The identity of the Plaintiff, its Servicing Agent and standing as the current holder of the delinquent Mortgage is confirmed in the first four paragraphs of the Plaintiff's Summary Judgment Affidavit filed contemporaneously with this Motion. 9. The Defendant's "denial" to Paragraph 4 should be deemed an admission, because the means of proof as to the recording of the Mortgage and subsequent Assignments are a matter of public record. Additionally, the Plaintiff has attached to its Summary Judgment Affidavit true and correct copies of the recorded Mortgage and Assignments. 10. In Paragraph 7, the Plaintiff averred the fact of the Defendant's default and the amounts outstanding on the Mortgage Note, including the Plaintiff's attorney's fees. 11. The Defendant admitted the fact and date of default, as well as the unpaid principal balance, interest, late charges and amount of Plaintiff's attorney's fees. 12. However, in his Answer to Paragraph 7, the Defendant "disagreed and challenged" the amount of accumulated late charges and escrow deficit pled by the Plaintiff. 13. In response, the Plaintiff confirms the fact of default and all amounts required to pay off and reinstate the delinquent account in its Summary Judgment Affidavit, including the correct amount of the escrow deficit and that there are no accumulated late charges other than the monthly charges which have accrued from the February 1, 1999 date of default forward. 14. The Plaintiff has also attached to its Summary Judgment Affidavit a true and correct copy of its Payment History for the Defendant's account from February 23, 1999 through June 24, 2002. 15. The status of the mortgage payments made to and received by Plaintiff are verified in the Plaintiff's Summary Judgment Affidavit and confirms that the Defendant is in default under the terms of the Mortgage and that no cure has been effected. 16. The Affidavit further indicates that Plaintiff is the owner and holder of the Mortgage dated February 12, 1996 executed by the Defendant in the amount of $111,150.00 for real estate situated at 925 Orrs Bridge Road, Mechanicsburg, Cumberland County, Pennsylvania, of which the Defendant is the record owner. 3 17. By reason of the Defendant's foregoing admissions and the documentation of default without an allegation that the default has been cured or documentation thereof, there is no longer a triable issue of fact or law. 18. There being no defense to Plaintiff's Complaint, judgment should be entered in favor of Plaintiff and against Defendant, William D. Hesse. WHEREFORE, Plaintiff requests this Honorable Court to enter an Order granting Plaintiff's Motion for Summary Judgment against Defendant, William D. Hesse. Respectfully submitted, Jill ,J. Wineka, Esquire At ney ID # 58802 Leon P. Haller, Esquire Attorney ID # 15700 PURCELL, KRUG & HALLER 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 Attorneys for Plaintiff Dated: V23 /U Z 4 CERTIFICATE OF SERVICE 1, Barbara A. Shadel, an employee of the law firm of Purcell, Krug & Haller, do hereby certify that I served a true and correct copy of Plaintiff's Motion for Summary Judgment upon the following by depositing same in the United States Mail, First Class Postage, Postage Prepaid, addressed as follows: William D. Hesse 925 Orrs Bridge Road Mechanicsburg, PA 17050 Pro Se Defendant - .-1UA 6 ct?( Barbara A. Shadel Dated: q1a 31 D A (fcl\homeside\hesse\sj motion) ry "' r l 1 ?- G ? l Pt MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC. 8120 NATIONS WAY - BUILDING 100 : JACKSONVILLE, FL 32256 PLAINTIFF VS. WILLIAM D. HESSE 925 ORRS BRIDGE ROAD MECHANICSBURG, PA 17055 DEFENDANT IN THE COURT OF CUMB COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 2725 IN MORTGAGE FORECLOSURE P R A E C I p E TO THE PROTHONOTARY OF THE WITHIN COUNTY; Pursuant to Plaintiff's Motion for Summary Judgment and Order December 30, 2002, JUDGMENT please enter in favor of the emn Plaintiff, an "in MORTGAGE ELECTRONIC REGISTRATION SYSTEMS WILLIAM D. INC. C/O HOMESIDE LENDING INC. and against Defendant HESSE in the sum of interest $145,362.66 together with at the contract rate of 2002 and any additional $22_1_9 per diem from SEPTEMBER 1, insurance. costs and escrow advances for taxes and PURCELL, KRUG & HA By __._ ?.. Leon P. Haller PA I.D. #15700 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 KAMKRDOCSICUMBERLAIHESSEP MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC. 8120 NATIONS WAY - BUILDING 100 JACKSONVILLE, FL 32256 PLAINTIFF VS. WILLIAM D. HESSE 925 ORRS BRIDGE ROAD MECHANICSBURG, PA 17055 DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 2725 IN MORTGAGE FORECLOSURE CERTIFICATE OF SERVICE PURSUANT TO PA. R.C.P. 237 I hereby certify that on March 11, 2003 I served a true and correct copy of the Praecipe to enter judgment required by Pa. R.C.P. 237 on the Defendant(s) in this matter by regular first class mail, postage prepaid (copy attached), addressed as follows: William D. Hesse 925 Orrs Bridge Road Mechanicsburg, PA 17055 By Leon P. Haller PA I.D. ##15700 Attorney for Plaintiff Purcell, Krug & Haller 1719 North Front St. Harrisburg, PA 17102 Dated: MARCH 11, 2003 SEP ' MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., Plaintiff IN THE COURT OF COMMON PLEAS CUMBERLAND CO., PENNSYLVANIA vs. WILLIAM D. HESSE, Defendant NO. 02-2725 CIVIL ACTION - LAW IN MORTGAGE FORECLOSURE ORDER AND NOW. thisr day of 2002, upon consideration and review of the Plaintiff's Motion for Summary Judgment, IT IS HEREBY ORDERED AND DECREED that an in rent Judgment is entered in favor of the Plaintiff, Mortgage Electronic Registration Systems, Inc. and against the Defendant, William D. Hesse, in the sum of $145,362.66, together with interest at the rate of $22.19 per diem from September 1, 2002. plus any additional costs and escrow advances for taxes and insurance. Distribution: BY THE COURT: t Jill M. Wineka, Esq., 1719 N. Front St.. Harrisburg, PA 17102 William D. Hesse, 925 Orrs Bridge Road, Mechanicsburg, PA 17050, Pro Se Defendant ?:- f c_ - ?, i-? - ' ;, ? ? -.. - t J i - . MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC. 8120 NATIONS WAY - BUILDING 100 JACKSONVILLE, FL 32256 PLAINTIFF VS. WILLIAM D. HESSE 925 ORRS BRIDGE ROAD MECHANICSBURG, PA 17055 DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 2725 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF DAUPHIN Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant (s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subscribed : be re e this // day of ????'t?-? 2 0 v 3 - 40t Publ c NOTARIAL SEAL MARYLAND K. FERRET-17, Notary Public Lower Paxton Twp., pauphin County My COmmission Expires Aug. 8, 20W LEON P. HALLER, ESQUIRE :":; c': . _ -- f r-- .? c ? ?? ., IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2002 2725 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC. 8120 NATIONS WAY-BUILDING 100 JACKSONVILLE, FL 32256 PLAINTIFF VS. WILLIAM D. HESSE 925 ORRS BRIDGE ROAD MECHANICSBURG, PA 17055 DEFENDANT(S) TOTAL AMOUNT OF JUDGMENT PER COURT ORDER OF 12/30/02 $145,362.66 Interest at $22.19 per diem to sale date $ 6,279.77 Late charges at $35.20 per month to sale date $ 326.80 Escrow Deficit $ 2,000.00 TOTAL $153,969.23* *SALE DATE: WEDS.,JUNE 11, 2003 (PROTHONOTARY'S Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above captioned case. Date: March 11, 2003 Attorney for Plaintiff 1719 North Front Street Leon P. Haller Harrisburg, PA 17102 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 925 ORRS BRIDGE ROAD, MECHANICSBURG, PA 17055. Date: PROTHONOTARY/CLERK BY DEPUTY CIVIL DIVISION USE) KAMKF\DOCS\CUMBERLA\HESSE. W ?r r N ? w ? aDo . ?f &? 0 . r . I ALL THAT CERTAIN described real estate situate in Hampden Township, Cumberland County, Pennsylvania. BEGINNING at a point on the West side of a Public Township Road, Number T-618, said point being on the division line between Lots No. 3 and 4 on the hereinafter mentioned plan of lots; thence along said division line between Lots No. 3 and 4, South 83 degrees West, 150 feet to a point; thence along the line of other lands of Clifford M. Sgrignoli and William B. Tenny, South 7 degrees East, 96 feet to a point in the division line between Lots No. 2 and 3 on said plan; thence along division line between Lots No. 2 and 3, North 83 degrees East, 150 feet to a point in the Public Township Road aforesaid; thence along said Public Township Road, North 7 degrees West 96 feet to a point at the place of BEGINNING. BEING Lot No. 3 in a certain Plan of Lots known as Ridgeland Farms laid out for Clifford M. Sgrignoli and William B. -fenny by D.P. Raffensperger. HAVING THEREON ERECTED A DWELLING KNOWN AS 925 ORRS BRIDGE ROAD, MECHANICSBURG, PENNSYLVANIA 17055. ASSESSMENT # 10-17-1035-093 BEING THE SAME PREMISES WHICH Monty L. Anders and Michelle A. Anders; by deed dated 2/12/96 and recorded 2/13/96 in Deed Book 134, Page 1152 granted and conveyed unto William D. Hesse. TO BE SOLD AS THE PROPERTY OF WILLIAM D. HESSE ON JUDGMENT NO. 2002 2725 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-2725 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC., Plaintiff (s) From WILLIAM D. HESSE, 925 ORRS BRIDGE ROAD, MECHANICSBURG, PA 17055 (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 $145,362.66 L.L. $.50 Interest AT $22.19 PER DIEM TO SALE DATE $6,279.77 Atty's Comm % Due Prothy $1.00 Atty Paid $109.66 Other Costs LATE CHARGES AT $35.20 PER Plaintiff Paid MONTH TO SALE DATE $326.80 - ESCROW DEFICIT $2,000.00 Date: MARCH 12, 2003 CURTIS R. LONG ZProtthonota. (Seal) Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1718 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-2344178 Supreme Court ID No. 15700 MORTGAGE ELECTRONIC REGISTRATION CEO HORATIO SYSTEMS INC. 8120 MESIDE LENDING , CUMBERLAND ER OUNT COMMON NATIONS VILLE,WFL 32 INC PLEAS JACKSON - BUILDING 100 Y, PENNSYLVANIA 256 CIVIL ACTION PLAINTIFF - LAW vs. D . NO HESSE 2002 2725 925 ORRS BRIDGE MECHANI ROAD CSBURG, PA 17055 DEFENDANT IN MORTGAGE FORECLOSURE AFFIDAVIT PURSU ANT TO P.R.C.P. 312.1 The Plaintiff Krug & Haller, s in the above ets forth action, by its of execution was real filed as of the date the attorneys, Purcell fol 17055prOperty located att925 ORRS wing infor aPrae t on pe for the BRID AD concerning the GE RO MEC? 1. NICSBURG PA Name and address of the W"liam Hess Owner (s) or Reputed Owner(s): 925 Orrs Bridge Road Mechanicsburg, pA 17055 2. Name different and address of from that listed in Defendant S (s) (1) above: in the Judgment, if AME 3. Name and s Of appears of record ao d the reaeveryy .judgment cre Township of P Perty to be ditor whose judgment Glen R. Hampden coo sold: 240 Grell, Esquire North Third Street suite 600 Harrisburg, pA 17101_1503 4. Name and address of last of record: recorded holder of every mortgage PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Members 1st Federal Credit Union 5272 E. Trindle Road Camp Hill, PA 17011 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: TENANTS IF ANY ..• Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made unswort to the penalties of 18 PA C.S. Section 4904 relating falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: March 11, 2003 ?J - L R. ' r.} +_., ?.. _ MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC. 8120 NATIONS WAY - BUILDING 100 JACKSONVILLE, FL 32256 PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 2725 VS. WILLIAM D. HESSE 925 ORRS BRIDGE ROAD MECHANICSBURG, PA 17055 IN MORTGAGE FORECLOSURE DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held.: DATE: WEDNESDAY, JUNE 11, 2003 TIME: 1.0:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured bolandaries of the property, together with a brief mention of the t.>>_lil ,_i cos and any other major improvements erected on the land. (:EF DESCRIPTION ATTACHED) ''HE LOCATION of your property to be sold is: 925 ORRS BRIDGE ROAD MECHANICSBURG CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $145,362.66 under or pursuant to wlii_,_:11 oltr property is being sold is docketed in the within omrnon?r?eal th and County to: NO. 2002 2725 It-' jv[ i nr.. R , HFSSE_NOS THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: WILLIAM D. HESSE - REAL OWNER A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to recei,;e part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is-filed. Cnformation about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County -t the C'oi.irthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. ` oi_i may have legal rights to prevent your property from being tak.el lavja . A lawyer can advise you more specifically of these '-,f you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN'GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: ]_ <<ou may file a petition with the Court of Common Pleas of t', hin County to open the judgment. if yoti hav( a mer=itorious .A? ?? ?.r ii zest the person or company that n?a.s entF red juc gment against you. You may also file an petition with the same Court if voiiai_e aware of a legal defect in the obligation or the procedure used against you. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for j_t grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3_ A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. I specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition t, o the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 1.7102 (717) 234-4178 ALL THAT CERTAIN described real estate situate in Hampden Township, Cumberland County, Pennsylvania. BEGINNING at a point on the West side of a Public Township Road, Number T-618, said point being on the division line between Lots No. 3 and 4 on the hereinafter mentioned plan of lots; thence along said division line between Lots No. 3 and 4, South 83 degrees West, 150 feet to a point; thence along the line of other lands of Clifford M. Sgrignoli and William B. Tenny, South 7 degrees East, 96 feet to a point in the division line between Lots No. 2 and 3 on said plan; thence along division line between Lots No. 2 and 3, North 83 degrees East, 150 feet to a point in the Public Township Road aforesaid; thence along said Public Township Road, North 7 degrees West 96 feet to a point at the place of BEGINNING. BEING Lot No. 3 in a certain Plan of Lots known as Ridgeland Farms laid out for Clifford M. Sgrignoii and William B. Tenny by D.P. Raffensperger. HAVING THEREON ERECTED A DWELLING KNOWN AS 925 ORRS BRIDGE ROAD, MECHANICSBURG, PENNSYLVANIA 17055. ASSESSMENT # 10-17-1035-093 BEING THE SAME PREMISES WHICH Monty L. Anders and Michelle A. Anders by deed dated 2/12/96 and recorded 2/13/96 in Deed Book 134, Page 11.52 qranted and conveyed unto William D. Hesse. TO BE SOLD AS THE PROPERTY OF WILLIAM D. HESSE ON JUDGMENT NO. 2002 2725 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC. 8120 NATIONS WAY - BUILDING 100 JACKSONVILLE, FL 32256 PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 200? 2725 VS. WILLIAM D. HESSE 925 ORRS BRIDGE ROAD MECHANICSBURG, PA 17055 IN MORTC-AGE FORECLOSURE DEFENDANT RETURN OF SERVICE I hereby certify that I ha e d posited in the U.S. Mails at Harrisburg, Pennsylvania on .? 2 7103 a true and correct copy of the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all l:ienholders of record by regular first class mail (Certificate of Mailing form in compliance with U.S. Postal Form 3817 is attached hereto as evidence), and also to the Defendants by Certified Mail. Service addresses are as follows: William D. Hesse 925 Orrs Bridge Road Mechanicsburg, PA 17055 Township of Hampden c/o Glen R. Grell, Esquire 240 North Third Street Suite 600 Harrisburg, PA 17101-1503 Members 1st Federal Credit Union 5272 E. Trindle Road Camp Hill, PA 17011 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 By PURCELL, UG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 JOHN W. PURCTLL TELEPHONE (717) 234-4178 JOSEPH NISSLEY (1910-1982) HOWARD R. KRIx; FORECLOSURE DEPT. FAX (717) 234-1206 ANTHONY DiSANTO LEON P. HALLER OF COUNSEL .JOHN W. PURCELL JR. 13RIAN .I. TYLER HERSHEY JILL M. WINEKA 1099 GOVERNOR ROAD (717) 533-3836 NOTICE TO: William D. Hesse 925 Orrs Bridge Road Mechanicsburg, PA 17055 Township of Hampden c/o Glen R. Grell, Esquire 240 North Third Street Suite 600 Harrisburg, PA 17101-1503 Members 1st Federal Credit Union 5272 E. Trindle Road Camp Hill, PA 17011 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that y ave an opportunity to protect your interest, if any, b i notified of said Sheriff's Sale. By: C Leon P. Haller PA I.D.15700 Attorney for Plainti f MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC. 8120 NATIONS WAY - BUILDING 100 JACKSONVILLE, FL 32256 PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 200? 2725 VS. WILLIAM D. HESSE 925 ORRS BRIDGE ROAD MECHANICSBURG, PA 17055 IN MORTGAGE FORECLOSURE DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: That the Sheriff's Sale of Real Property (real estate) will be DATE: WEDNESDAY, JUNE 11, 2003 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 925 ORRS BRIDGE ROAD MECHANICSBURG CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $145,362.66 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2002 2725 KAMKFDOCSICUMBERLAIHESSE.NOS is: THE NAME (S) OF THE OWNER (S) OR REPUTED OWNERS of this property WILLIAM D. HESSE - REAL OWNER A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) day: after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST IT MAY CAUSE YOUR PROPERTY TO BE HELD TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 1701-3 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN described real estate situate in Hampden Township, Cumberland County, Pennsylvania. BEGINNING at a point on the West side of a Public Township Road, Number T-618, said point being on the division line between Lots No. 3 and 4 on the hereinafter mentioned plan of lots; thence along said division line between Lots No. 3 and 4, South 83 degrees West, 150 feet to a point; thence along the line of other lands of Clifford M. Sgrignoli and William B. Tenny, South 7 degrees East, 96 feet to a point in the division line between Lots No. 2 and 3 on said plan; thence along division line between Lots No. 2 and 3, North 83 degrees East, 150 feet to a point in the Public Township Road aforesaid; thence along said Public Township Road, North 7 degrees West 96 feet to a point at the place of BEGINNING. BEING Lot No. 3 in a certain Plan of Lots known as Ridgeland Farms laid out for Clifford M. Sgrignoli and William B. Tenny by D.P. Raffensperger. HAVING THEREON ERECTED A DWELLING KNOWN AS 925 ORRS BRIDGE ROAD, MECHANICSBURG, PENNSYLVANIA 17055. ASSESSMENT # 10-17-1035-093 BEING THE SAME PREMISES WHICH Monty L. Anders and Michelle A. Anders by deed dated 2/12/96 and recorded 2/13/96 in Deed Book 134, Page 1152 granted and conveyed unto William D. Hesse. TO BE SOLD AS THE PROPERTY OF WILLIAM D. HESSE ON JUDGMENT NO. 2002 2725 Re PHFA v. Hesse Cumberland 6/11/03 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: William D. Hesse 925 Orrs Bridge Road Mechanicsburg, PA 17055 Postmark: U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Township of Hampden c/o Glen R. Grell, Esquire 240 North Third Street Suite 600 Harrisburg, PA 17101-1503 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addres Members 1st Federal Credit Union 5272 E. Trindle Road Camp Hill, PA 17011 Postage: Postage: ( b v ~ 410E-S PC1S fij z tM , .i5 r = $ 00.900 }µ'4 '' L 1 i ?L t . i fem. DiA 7I Y_ .: ?i U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105 U. S. POSTAL SERVICE CERTIFICATE OF MAILING (In compliance with Postal Service Form 3877) Received from: Purcell, Krug & Haller Postage: 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Postmark: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 j_ -T'4 2 as;s?? ? rt„ tit $01.800 r{? F p, 7. 0 c c c , t Mr _ t 5; C ? C i (,_ f ) .J i pr ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION - LAW AT NO. 2002 2725 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC. 8120 NATIONS WAY-BUILDING 100 JACKSONVILLE, FL 32256 PLAINTIFF vs. TOTAL AMOUNT OF JUDGMENT PER COURT ORDER OF 12/30/02 $145,362.66,/ Interest at $22.19 per diem to sale date $ 10,273.97 Late charges at $35.20 per month to sale date $ 467.60 Escrow Deficit $ 2,000.00 WILLIAM D. HESSE TOTAL $158,104.23* 925 ORRS BRIDGE ROAD *SALE DATE: WEDS.,DEC. 10, 2003 MECHANICSBURG, PA 17055 DEFENDANT(S) (PROTHONOTARY'S USE) Plaintiff Attorney Sheriff This Writ PRAECIPE FOR WRIT OF EXECUTION MORTGAGE FORECLOSURE - P.R.C.P. 3180-3183 TO THE PROTHONOTARY/CLERK OF SAID COURT: Issue Writ of Execution in the above Zcaptione ase. Date: September 8, 2003 Attorney for Plaintiff ' 1719 North Front Street Leon P. Haller Harrisburg, PA 171.02 PA I.D. #15700 (717) 234-4178 WRIT OF EXECUTION - MORTGAGE FORECLOSURE COMMONWEALTH OF PENNSYLVANIA SS COUNTY OF CUMBERLAND TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the judgment, interest and costs in the above captioned case, you are directed to levy upon and sell the property described in the attached description known as 925 ORRS BRIDGE ROAD, MECHANICSBURG, PA 17055. Date: PROTHONOTARY/CLERK CIVIL DIVISION BY DEPUTY 7Z rr v o` -f- ALL THAT CERTAIN described real estate situate in Hampden Township, Cumberland County, Pennsylvania. BEGINNING at a point on the West side of a Public Township Road, Number T-618, said point being on the division line between Lots No. 3 and 4 on the hereinafter mentioned plan of lots; thence along said division line between Lots No. 3 and 4, South 83 degrees West, 150 feet to a point; thence along the line of other lands of Clifford M. Sgrignoli and William B. Tenny, South 7 degrees East, 96 feet to a point in the division line between Lots No. 2 and 3 on said plan; thence along division line between Lots No. 2 and 3, North 83 degrees East, 150 feet to a point in the Public Township Road aforesaid; thence along said Public Township Road, North 7 degrees West 96 feet to a point at the place of BEGINNING. BEING Lot No. 3 in a certain Plan of Lots known as Ridgeland Farms laid out for Clifford M. Sgrignoli and William B. Tenny by D.P. Raffensperger. HAVING THEREON ERECTED A DWELLING KNOWN AS 925 ORRS BRIDGE ROAD, MECHANICSBURG, PENNSYLVANIA 17055. ASSESSMENT # 10-17-1035-093 BEING THE SAME PREMISES WHICH Monty L. Anders and Michelle A. Anders by deed dated 2/12/96 and recorded 2/13/96 in Deed Book 134, Page 1.152 granted and conveyed unto William D. Hesse. TO BE SOLD AS THE PROPERTY OF WILLIAM D. HESSE ON JUDGMENT NO. 2002 2725 ?? '? ? --? ,,? ? li ?, ?? s- ?? ? ??? ?,. ? 5??.? ??? MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC. 5120 NATIONS WAY - BUILDING 100 JACKSONVILLE, FL 32256 PLAINTIFF VS. WILLIAM D. HESSE 925 ORRS BRIDGE ROAD MECHANICSBURG, PA 17055 DEFENDANT IN THE COURT OF COMMON PLEAS . CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 2725 IN MORTGAGE FORECLOSURE NON-MILITARY AFFIDAVIT COMMONWEALTH OF PENNSYLVANIA COUNTY OF DAUPHIN SS Personally appeared before me, a Notary Public in and for said Commonwealth and County, LEON P. HALLER, ESQUIRE who being duly sworn according to law deposes and states that the Defendant(s) above named are not in the Military or Naval Service nor are they engaged in any way which would bring them within the Soldiers and Sailors Relief Act of 1940, as amended. Sworn to and subsfjribed before me th's ?J day of }*r /20 9 0 y rub ? ? NOTARIAL SEAL MARYLAND K. FERRETTI, Notary Public J Lower Paxton Twp., Dauphin County I MY Commission Expires Aug. 8, 2006 LEON P. HALLER, ESQUIRE MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC. 5120 NATIONS WAY - BUILDING 100 JACKSONVILLE, FL 32256 PLAINTIFF VS. WILLIAM D. HESSE 925 ORRS BRIDGE ROAD MECHANICSBURG, PA 17055 DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 2725 IN MORTGAGE FORECLOSURE RELIEF FROM STAY n D (;?V U UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: WILLIAM D. HESSE, SR. BANKRUPTCY NO. 1-03-03459 Debtor CHAPTER 7 MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. DOCKET NO. Movant VS. WILLIAM D. HESSE, SR. and LAWRENCE G. FRANK, Trustee Respondents O R D E R AND NOW, to wit, this eZL0+'\)day of jq"5U,/,"+ , 2003, upon consideration of the Motion of Mortgage Electronic Registration Systems, Inc 60-6ivs, hr-y ' -flel {L to Obtain Relief from Stay, it appearing to the Court that no An3wcr ox respo-ns? k?as-bey=-atn?_L-E°d, the Motion is hereby granted and the automatic stay is terminated as to the Movant relative to property situate at 925 Orrs Bridge Road, Mechanicsburg, Pennsylvania 17050. BY THE COURT: Mary 1upcy Fiance J? Bank Judge Al ED PA AUG 2 6 2003 Clerk, U.S. Bankruptcy court 6.J131 ?? c. " c> - '' -?, , , ?: r' f i rn MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC. 8120 NATIONS WAY - BUILDING 100 JACKSONVILLE, FI, 32256 PLAINTIFF VS. WILLIAM D. HESSE 925 OARS BRIDGE ROAD MECHANICSBURG, PA 17055 DEFENDANT IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 2725 IN MORTGAGE FORECLOSURE AFFIDAVIT PURSUANT TO P.R.C.P. 3129.1 The Plaintiff in the above action, by its attorneys, Purcell, Krug & Haller, sets forth as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 925 ORRS BRIDGE ROAD, MECHANICSBURG, PA 17055: 1. Name and address of the Owner(s) or Reputed Owner(s): William D. Hesse 925 Orrs Bridge Road Mechanicsburg, PP. 17055 2. Name and address of Defendant(s) in the Judgment, if different from that listed in (1) above: SAME 3. Name and address of every judgment creditor whose judgment appears of record on the real property to be sold: Township of Hampden c/o Glen R. Grell, Esquire 240 North Third Street Suite 600 Harrisburg, PA 17101-1503 4. Name and address of last recorded holder of every mortgage of record: PLAINTIFF HEREIN (AND ANY OTHERS AS NOTED BELOW): Members 1st Federal Credit Union 5272 E. Trindle Road Camp Hill, PA 17011 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105 5. Name and address of every other person who has any record lien on the property: UNKNOWN 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: UNKNOWN 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: TENANTS IF ANY Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 James K. Jones, Esquire 7 Irvine Row Carlisle, PA 17013-3019 (In the preceding information, where addresses could not be reasonably ascertained, the same is indicated.) 1 verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 PA C.S. Section 4904 relating to unsworn falsification to authorities. Leon P. Haller PA I.D. #15700 Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 DATE: September 8, 2003 MORTGAGE ELECTRONIC IN THE COURT OF COMMON PLEAS REGISTRATION SYSTEMS, INC. CUMBERLAND COUNTY, PENNSYLVANIA C/O HOMESIDE LENDING, INC. 8120 NATIONS WAY - BUILDING 100 CIVIL ACTION - LAW JACKSONVILLE, FL 32256 PLAINTIFF NO. 2002 2725 VS. WILLIAM D. HESSE 925 ORRS BRIDGE ROAD MECHANICSBURG, PA 17055 IN MORTGAGE FORECLOSURE DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: held: That the Sheriff's Sale of Real Property (real estate) will be DATE: WEDNESDAY, DECEMBER 10, 2003 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be sold is: 925 ORRS BRIDGE ROAD MECHANICSBURG CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $145,362.66 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2002 2725 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: WILLIAM D. HESSE - REAL OWNER A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example, to banks that hold mortgages and municipalities that are owed taxes) will be filed by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being taken away. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, YOU MUST ACT PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar 2 Liberty Avenue Carlisle, Pennsylvania 717-249-3166 Association 17013 Legal Services, Inc. 3 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the Court of Common Pleas of the within County to set aside the sale for a grossly inadequate price or for other proper cause. This petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN described real estate situate in Hampden Township, Cumberland County, Pennsylvania. BEGINNING at a point on the West side of a Public Township Road, Number T-618, said point being on the division line between Lots No. 3 and 4 on the hereinafter mentioned plan of lots; thence along said division line between Lots No. 3 and 4, South 83 degrees West, 150 feet to a point; thence along the line of other lands of Clifford M. Sgrignoli and William B. Tenny, South 7 degrees East, 96 feet to a point in the division line between Lots No. 2 and 3 on said plan; thence along division line between Lots No. 2 and 3, North 83 degrees East, 150 feet to a point in the Public Township Road aforesaid; thence along said Public Township Road, North 7 degrees West 96 feet to a point at the place of BEGINNING. BEING Lot No. 3 in a certain Plan of Lots known as Ridgeland Farms laid out for Clifford M. Sgrignoli and William B. Tenny b? D.P. Raffensperger. HAVING THEREON ERECTED A DWELLING KNOWN AS 925 ORRS BRIDGE ROAD, MECHANICSBURG, PENNSYLVANIA 17055. ASSESSMENT # 10-17-1035-093 BEING THE SAME PREMISES WHICH Monty L. Anders and Michelle A. Anders by deed dated 2/12/96 and recorded 2/13/96 in Deed Book 134, Page 1.152 granted and conveyed unto William D. Hesse. TO BE SOLD AS THE PROPERTY OF WILLIAM D. HESSE ON JUDGMENT NO. 2002 2725 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 02-2725 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING INC., Plaintiff (s) From WILLIAM D. HESSE (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 $145,362.66 L.L. Interest AT $22.19 PER DIEM TO SALE DATE $10,273.97 Atty's Comm % Due Prothy $1.00 Arty Paid $763.74 Other Costs LATE CHARGES AT $35.20 PER MONTH TO SALE DATE $467.60 - ESCROW DEFICIT $2,000.00 Plaintiff Paid Date: SEPTEMBER 10, 2003 CURTIS R. LONG (Seal) Prothonotat ?Y YJGp?• ?` , P, ?A?Ti / Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 Mortgage Electronic Registration Systems, Inc. c/o Homeside Lending Inc. VS William D. Hesse In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-2725 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED pursuant to instructions from Attorney Leon Haller. Sheriff's Costs Docketing 30.00 Poundage 12.58 Posting Bills 15.00 Advertising 15.00 Mileage 19.32 Levy 15.00 Surcharge 20.00 Postpone Sale 20.00 Law Library .50 Prothonotary 1.00 Certified Mail Law Journal 260.75 Patriot News 207.19 Share of Bills 25.24 $ 641.58 paid by attorney 9/2/03 Sworn and subscribed to before me This ((day of 2003, A.D. z, Lc,(fi Prothonotary So Answers: R. Thomas Kline, Sheriff BY J6C?viAT Real Est Deputy k.10 Ch- y gsc ice' 1,13031 Real Estate Sale # 69 On March 17, 2003 the sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA known and numbered as 925 Orrsbridge Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 17, 2003 By: Real Estate Deputy c-? rCv?i I % 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 Asst. 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 22nd and 29th day(s) of April and the 6th day(s) of May 2003. 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 SALE #69 REAL ESTATE SALE No. 69 Writ No. 2002-2725 Civil Term Mortgage Electronic R is'ratlon Systems, Inc. c/o Homeside Lending, Inc. vs William D. Hesse A% Leon P. Haller [IES.CRIPTION ALL THAT CERTAIN described real estate situate in Hampden Township, Cumberland County, Pennsylvai ia. BEGINNING ai a point on the West side of a Public Township Road, Number T-618, said point being on the division line between Lots No.3 and 4 on the hereinafter mentioned plan of lots; thence along said division line between Lots No. 3 and 4, South 83 degrees West, 150 feet to a point, thence along the line of other lands of Clifford M. Sgrignoli and William B. Tenny, South 7 degrees East, 96 feet to a point in the division line between Lots Nos. 2 and 3 on said Sworn to and subs Jrid before Notarial Seal i/ Terry L. Russell, Notary Public - City Of Harrisburg, Dauphin County My Commission Expires June 6, 2006 Member, Pennsylvania Association Of Notaries t:..... ............ rielh)s 14th day of Wy 2Q "3.D. NOT' RY PUBLIC My commission expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising CGosts To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Probating same Notary Fee(s) Total $ 205.44 $ 1.75 $ 207.19 plan; thence along division line between Lots Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. Nos. 2 and 3, North 83 degrees East, 150 feet to a point in the Public Township Road afore- said; thence along said Public Township Road, North 7 degrees West 96 feet to a point at the place of BEGINNING. BEING Lot No.3 in a certain' Plan of Lots known as Ridgeland Farms laid out for Clifford A Sgrignoli and William B. Tenny by D:P. Raffensperger. HAVING THEREON erected a dwelling known as 925 Orrs Bridge Road, Mechanicsburg, Pennsylvania 17095. ASSESSMENT #10-17-1035-093. By.......... BEING THE SAME premises which Monty L. Anders and Michelk A. Anders by deed dated 2/ 12/96 and recorded 2113196 in Deed Book 134, Page 1152 granted and conveyed unto William D. Hesse. TO BE SOLD as the property of William D. Hesse on Judgment No. 2002 2725. 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: APRIL 25, MAY 2, 9, 2003 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. REAL ESTATE SALE NO. 88 Writ No. 2002-2725 Civil Mortgage Electronic Registration Systems. Inc.. c/o Homeside Lending, Inc. VS. William D. Hesse Atty.: Leon P. Haller ALL THAT CERTAIN described real estate situate in Hampden Township, Cumberland County, Pennsylvania. BEGINNING at a point on the West side of a Public Township Road, Number T-618, said point being on the division line between Lots No. 3 and 4 on the hereinafter mentioned plan of lots: thence along said divi- sion line between Lots No. 3 and 4, South 83 degrees West, 150 feet to a point; `hence along the lire of other lands of Clifford M. Sgrignoli and William B. Tenny, South 7 degrees East, 96 feet to a point in the divi- sion line between Lots No. 2 and 3 on said plan; thence along division r c L' a Marie Coyne, ((( itor SWORN TO AND SUBSCRIBED before me this 9 day of MAY, 2003 . _•._ Notary:: ` - _.wG?._.._. t E ., . a i line between Lots No. 2 and 3. North 83 degrees East, 150 feet to a point in the Public Township Road aforesaid; thence along said Public Township Road, North 7 degrees West 96 feet to a point at the place of BEGINNING. BEING Lot No. 3 in a certain Plan of Lots known as Ridgeland Facets laid out for Clifford M. Sgrignoli and William B. Tenny by D.P. Raffens- perger. HAVING THEREON ERECTED A DWELLING KNOWN AS 925 ORRS BRIDGE ROAD, MECHANICSBURG, PENNSYLVANIA 17055. ASSESSMENT #10-17-1035-093. BEING THE SAME PREMISES WHICH Monty L. Anders and Mi- chelle A. Anders by deed dated 2/ 12/96 and recorded 2/13/96 in Deed Book 134, Page 1152 granted and conveyed unto William D. Hesse. TO BE SOLD AS THE PROP- ERTY OF WILLIAM D. HESSE ON JUDGMENT NO. 2002 2725. Ej MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC. 8120 NATIONS WAY - BUILDING 100 JACKSONVILLE, FL 32256 56INTIFF VS. WILLIAM D. HESSE 925 ORRS BRIDGE ROAD MECHANICSBURG, PA 17055 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 2725 IN MORTGAGE FORECLOSURE RETURN OF SERVICE I hereby certify that have Fi?positad true in athe U.S. Mails at nd correct copy of Harrisburg, Pennsylvania on Q "_ the Notice of Sale of Real Estate pursuant to PA R.C.P. 3129.1 to the Defendants herein and all lienholders of record by regular first class mail (Certificate of Mailing form in compliance i th.S. postantsorm 3817 is attached hereto as evidence), a also to Def by Certified Mail. Service addresses are as follows: William D. Hesse 925 Orrs Bridge Road Mechanicsburg, PA 17055 Township of Hampden c/o Glen R. Grell, Esquire 240 North Third Street Suite 600 Harrisburg, PA 17101-1503 Members Ist Federal Credit Union 5272 E. Trindle Road Camp Hill, PA 17011 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 James K. Jones, Esquire 7 Irvine Row Carlisle, PA 17013-3019 WMian D. Hesse 41.1 Main Street, First Floor Mechanicsburg, PA 17055-3242 s By KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 LAW OFFICES PURCELL, KRUG AND HALLER 1719 NORTH FRONT STREET HARRISBURG, PENNSYLVANIA 17102-2392 TELEPHONE (717) 234-4178 JOSEPH NISSLEY (1910-1982) .I PU RCL.LI_ FORECLOSURE DEPT. FAX (717) 234-12:06 ANTHONY DiSANTO A nOW I>wna o H_ I<RUC; OF COUNSEL II ON P. HALLER .1011N w . PURCELI- JR. HERSHEY BRIAN J . TYLI R 1099 GOVERNOR ROAD IILL M. WIN HKA (]17) 533-3836 NOTICE TO: William D. Hesse 925 Orrs Bridge Road Mechanicsburg, PA 17055 William D. Hesse 411 Main Street, First Floor Mechanicsburg, PA 17055-3242 Township of Hampden c/o Glen R. Grell, Esquire 240 North Third Street Suite 600 Harrisburg, PA 17101-1503 Members 1st Federal Credit Union 5272 E. Trindle Road Camp Hill, PA 17011 Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105 Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 James K. Jones, Esquire 7 Irvine Row Carlisle, PA 17013-3019 NOTICE IS HEREBY GIVEN to the Defendants in the within action and those parties who hold one or more mortgages, judgments or tax liens against the real estate which is the subject of the Notice of Sale pursuant to Pennsylvania Rule of Civil Procedure 3129.1 attached hereto. YOU ARE HEREBY NOTIFIED that by virtue of a Writ of Execution issued out of the Court of Common Pleas of the within county on the judgment of the Plaintiff named herein the said real estate will be exposed to public sale as set forth on the attached Notice of Sale. YOU ARE FURTHER NOTIFIED that the lien you hold against the said real estate will be divested by the sale and that ave an opportunity to protect your interest, if an; e' notified of said Sheriff's Sale. By: Leon P. Haller P I.D.15700 Attorney fo:r Plaintiff MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING, INC. 8120 NATIONS WAY - BUILDING 100 JACKSONVILLE, FL 32256 PLAINTIFF IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW NO. 2002 2725 VS. WILLIAM D. HESSE 925 ORRS BRIDGE ROAD IN MORTGAGE FORECLOSURE MECHANICSBURG, PA 17055 DEFENDANT NOTICE OF SHERIFF'S SALE OF REAL ESTATE PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 TAKE NOTICE: That the Sheriff's Sale of Real Property (real estate) will be held: DATE: WEDNESDAY, DECEMBER 10, 2003 TIME: 10:00 O'clock A.M. LOCATION: Cumberland County Courthouse Carlisle, Pennsylvania 17013 THE PROPERTY TO BE SOLD is delineated in detail in a legal description mainly consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE DESCRIPTION ATTACHED) THE LOCATION of your property to be gold is: 925 ORRS BRIDGE ROAD MECHANICSBURG CUMBERLAND COUNTY PENNSYLVANIA THE JUDGMENT in the amount of $145,362.66 under or pursuant to which your property is being sold is docketed in the within Commonwealth and County to: NO. 2002 2725 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNERS of this property is: WILLIAM D. HESSE - REAL OWNER A SCHEDULE OF DISTRIBUTION, being a list. of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be llthat hold mortgages disbursed by the Sheriff (for example, to banks t ages and municipalities that are owed taxes) by the Sheriff of this County thirty (30) days after the sale and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of the within County at the Courthouse address specified herein. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. IT HAS BEEN ISSUED BECAUSE THERE IS A JUDGMENT AGAINST YOU. IT MAY CAUSE YOUR PROPERTY TO BE HELD, TO BE SOLD OR TAKEN TO PAY THE JUDGMENT. You may have legal rights to prevent your property from being ese r ghts,specifically taken away. A lawyer Y U MUST hACT wish c to advise exercise uyouurmore you rights. If PROMPTLY. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE: Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 717-249-3166 Legal Services, Inc. 8 Irvine Row Carlisle, PA 17013 717-243-9400 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of the within County to open the judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file an petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriff's Sale you may file a petition with the court of Common Pleas of the within County to set aside the sale for other proper cause. This or for a grossly inadequate price petition MUST BE FILED BEFORE THE SHERIFF'S DEED IS DELIVERED. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must. be presented to the Court of Common Pleas of the within County. The petition must be served on the attorney for the creditor on the creditor rmust ore presentation to the court and a proposed attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office - Civil Division, of the within County Courthouse, before a presentation of the petition to the Court. A copy of the Writ of Execution is attached hereto. PURCELL, KRUG & HALLER Attorneys for Plaintiff 1719 North Front Street Harrisburg, PA 17102 (717) 234-4178 ALL THAT CERTAIN described real estate situate in Hampden Township, Cumberland County, Pennsylvania. BEGINNING at a point on the West side of a Public Township Road, Number T-618, said point being on the division line between Lots No. 3 and 4 on the hereinafter mentioned plan of lots; thence along said division line between Lots No. 3 and 4, South 83 degrees West, 150 feet to a point; thence along the line of other lands of Clifford M. Sgrignoli and William B. Tenny, South 7 degrees East, 96 feet to a point in the division line between Lots No. 2 and 3 on said plan; thence along division line between Lots No. 2 and 3. North 83 degrees East, 150 feet to a point in the Public Township Road aforesaid; thence along said Public Township Road, North 7 degrees West 96 feet to a point at the place of BEGINNING. BEING Lot No. 3 in a certain Plan of Lots known as Ridgeland Farris laid out for Clifford M. Sgrignoli and William B. Tenny by D.P. Raffensperger. HAVING THEREON ERECTED A DWELLING KNOWN AS 925 ORRS BRIDGE ROAD, MECHANICSBURG, PENNSYLVANIA 17055. ASSESSMENT # 10-17-1035-093 BEING THE SAME PREMISES WHICH Monty L. Anders and Michelle A. Anders by deed dated 2/12/96 and recorded 2/13/96 in Deed Book 134, Page 1152 qranted and conveyed unto William D. Hesse. TO BE SOLD AS THE PROPERTY OF WILLIAM D. HESSE ON JUDGMENT NO. 2002 2725 Re: HC/HESSE, WILLIAM CUMBERLAND SALE 12/10/03 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: WILLIAM D. HESSE 411 MAIN ST., FIRST FLOOR MECHANICSBURG, PA 17055-3242 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: William D. Hesse 925 Orrs Bridge Road Mechanicsburg, PA 17055 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to Township of Hampden c/o Glen R. Grell, Esquire 240 North Third Street Suite 600 Harrisburg, PA 17101-1503 Postage: Postmark: Postage: Postmark: Postage: Postmark: hPCtS Pp c? e ;, a $ 00.900 a i rnE?cra i CODE' Received from: Postage: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Members 1st Federal Credit Union 5272 E. Trindle Road Camp Hill, PA 17011 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Pennsylvania Housing Finance Agency 2101 North Front Street Harrisburg, PA 17105 Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 One piece of ordinary mail addressed to: Domestic Relations Office Cumberland County Courthouse Hanover & High Streets Carlisle, PA 17013 Postmark: Postage: Postmark: Postage: Postmark: t rj S 00.9®03 : ;d 1 1LEC FR'14' loa ?OC Received from: Purcell, Krug & Haller 1719 North Front Street Harrisburg, PA 17102 Postage: Postmark: One piece of ordinary mail addressed to: ames K. Jones, Esquire 7 Irvine Row Carlisle, PA 17013-3019 9P?ST ? 1?a ? ` $02Z00 7 ?A h1FitEty tFtC.f_..f ( i?4_ n ,.,, <;;. o ?-? _, r:?? ? , i ? _. ? r` fj.' _J ? ?C -r ?t COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffs Deed in which Secretarv of Veterans Affairs of Washington D C is the grantee the same having been sold to said grantee on the 10th day of Dec A.D., 2003, under and by virtue of a writ Execution issued on the 10th day of Sent, A.D., 2003, out of the Court of Common Pleas of said County as of Civil Term, 2002 Number 2725, at the suit of Mtg Elec Reg Systems Inc against William D Hesse is duly recorded in Sheriff s Deed Book No. 261, Page 2854. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this G RNw..? day of Recorder of Deeds Mortgage Electronic Registration In The Court of Common Pleas of Systems, Inc. c/o Homeside Lending Inc. Cumberland County, Pennsylvania VS Writ No. 2002-2725 Civil Tenn William D. Hesse David McKinney, Deputy Sheriff, who being duly sworn according to law, states that on September 16, 2003 at 4:45 o'clock PM, 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: William Hesse, by making known unto William Hesse, personally, at 411 West Main Street, 1st Floor, Mechanicsburg, Cumberland County, Pennsylvania, its contents and at the same time handing to him personally the said true and correct copy of the same. Shannon Shertzer, Deputy Sheriff, who being duly sworn according to law, states that on October 10, 2003 at 9:25 o'clock A.M., he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of William D. Hesse located at 925 Orrsbridge Road, Mechanicsburg, 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: William D. Hesse, by regular mail to his last known address of 411 W. Main St., 1st Floor, Mechanicsburg, PA 17055. This letter was mailed under the date of October 8, 2003 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2003 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Leon P. Haller for The Secretary of Veterans Affairs of Washington, D.C., His Successors and/or Assigns. It being the highest bid and best price received for the same, The Secretary of Veterans Affairs of Washington, D.C., His Cuccessors and/or Assigns of Ocwen Federal Bank FSB, 12650 Ingenuity Drive, Orlando, FL 32826, being the buyers in this execution, paid to Sheriff R. Thomas Kline the sum of $744.37, it being costs. Sheriffs Costs Docketing $30.00 Poundage 14.60 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 30.00 Auctioneer 10.00 Law Library Prothonotary 1.00 Mileage 13.80 Levy 15.00 Surcharge 20.00 Law Journal 270.05 Patriot News 216.52 Share of Bills 28.90 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 744.37 Sworn and subscribed to before me ?,ate This cl '5 day of R. Thomas Kline, Sheriff 2004, A.D. /a fc. ?Yt?PJi.,-1, ?j 7 r thonotary ry BY Real Estate deputy 3b of 001-1 ?. W c? Y3J'll C ?., l Y73G y WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-2725 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. C/O HOMESIDE LENDING INC., Plaintiff (s) From WILLIAM D. HESSE (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 $145,362.66 L.L. Interest AT $22.19 PER DIEM TO SALE DATE $10,273.97 Atty's Comm % Due Prothy $1.00 Atty Paid $763.74 Other Costs LATE CHARGES AT $35.20 PER MONTH TO SALE DATE $467.60 - ESCROW DEFICIT $2,000.00 Plaintiff Paid Date: SEPTEMBER 10, 2003 CURTIS R. LONG Prothonotary (Seal) ?Deputy REQUESTING PARTY: Name LEON P. HALLER, ESQUIRE Address: 1719 NORTH FRONT STREET HARRISBURG, PA 17102 Attorney for: PLAINTIFF Telephone: 717-234-4178 Supreme Court ID No. 15700 Real Estate Sale # 58 On September 12, 2003 the sheriff levied upon the defendant's interest in the real property situated in Hampden Township, Cumberland County, PA known and numbered as 925 Orrs Bridge Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 12, 2003 By: J6 C'-( Real Estate Deputy SIN ?,? S N N 3 d E0 i Wd SI C 11 a3S AP t AIN fit' ddtli3N% :viii A 7{?da I 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 Asst. 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 28th day(s) of October and the 4th and 11th day(s) of November 2003. 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. n PUBLICATION ............. .. ... .......... ?- .................. COPY Sworn t d subscribed before is 19th day of ovem r 003 A.D. '! I S A L E #58 I , ?"A? Notarial Seal REAL ESTATE SALE No. 58 ? Teny L. Russell, Notary Public C' Of Harrisburg, Dauphin County `- Writ No. 2002-2725 Civil Term my Commission Expires June 6, 2006 N0T RY PUBLIC Mortgage Electronic Member, Pennsylvania Association OfNotarieMy commission expires June 6, 2006 Registration Systems, Inc. c% Homeside Lending, Inc. Vs CUMBERLAND COUNTY SHERIFFS OFFICE William : LD.eon Hesse Haller Atty L CUMBERLAND COUNTY COURTHOUSE DESCRIPTION CARLISLE, PA. 17013 ALL THAT CERTAIN described real estate situate in Hampden Town- ship, Cumberland County, Pennsylvania. Statement of Advertising Costs BEGINNING at a point on the West side of a Public Township Road, Number T-618, said point To THE PATRIOT-NEWS CO., Dr. being on the division line between Lots No. 3 and 4 on the hereinafter mentioned plan of lots; thence For publishing the notice or publication attached along said division line between Lots No. 3 and 4, hereto on the above stated dates South 83 degrees West, 150 feet to a point; thence , along the line of other lands of Clifford M. Total $ 216.52 Sgrignoli and William B. Tenny, South 7 degrees East, 96 feet to a point in the division line between Lots No. 2 and 3 on said plan; thence Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriots-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. along division line between Lots No. 2 and 3, North 83 degrees East, 150 feet to a point in the Public Township Road aforesaid; thence along said Public Township Road, North 7 degrees West feet to a point at the place of BEGINNING. 96 f By""""""""""""""""""' BEING Lot No. 3 in a certain Plan of Lots known as Ridgeland Farms laid out for Clifford M. Sgrignoli and William B. Tenny by D.P. Raffensperger. HAVING THEREON erected a dwelling known as 925 Orrs Bridge Road, Mechanicsburg, Pennsylvania 17055. ASSESSMENT NO.: 10-17-1035-093. BEING THE SAME PREMISES which Monty L. Anders and Michelle A. Anders by deed dated 2/12/96 and recorded 2/13196 in Deed Book 134, Page 1152 granted and conveyed unto William D. Hesse. TO BE SOLD as the property of William D. Hesse on Judgment No. 2002 2725. 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: OCTOBER 17, 24, 31, 2003 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. REAL ESTATE SALE NO. 58 Writ No. 2002-2725 Civil Mortgage Electronic Registration Systems, Inc., c/o Homeside Lending, Inc. vs. William D. Hesse Atty.: Leon Haller ALL THAT CERTAIN described real estate situate in Hampden Town- ship, Cumberland County, Pennsyl- vania. BEGINNING at a point on the West side of a Public Township Road, Number T-618, said point being on the division line between Lots No. 3 and 4 on the hereinafter mentioned plan of lots: thence along said divi- sion line between Lots No. 3 and 4. South 83 degrees West, 150 feet to a point: thence along the line of other lands of Clifford M. Sgrignoli and William B. Tenny, South 7 degrees East, 96 feet to a point in the divi- sion line between Lots No. 2 and 3 on said plan: thence along division Li Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 31 day of OCTOBER, 2003 WYA"AL SEAL I/ LOIS E. SNYDER, Notary Public Carlisle Boro, Cumberland County My Cammission Expires March 5. 2005 line between Lots No. 2 and 3, North 83 degrees East, 150 feet to a point in the Public Township Road aforesaid; thence along said Public Township Road, North 7 degrees West 96 feet to a point at the place of BEGINNING. BEING Lot No. 3 in a certain Plan of Lots known as Ridgeland Farms laid out for Clifford M. Sgrignoli and William B. Tenny by D.P. Raffens- perger. HAVING THEREON ERECTED a dwelling known as 925 Orrs Bridge Road, Mechanicsburg, Pennsylvania 17055. ASSESSMENT 910-17-1035- 093. BEING THE SAME PREMISES WHICH Monty L. Anders and Mi- chelle A. Anders by deed dated 2/ 12/96 and recorded 2/13/96 in Deed Book 134, Page 1152 granted and conveyed unto William D. Hesse. TO BE SOLD AS THE PROPER- TY OF WILLIAM D. HESSE ON JUDGMEXI` NO. 2002 2725.