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HomeMy WebLinkAbout06-7076PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID4 59264 Three Greentree Centre 7001 Lincoln Drive, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc., 600 N. Royal Avenue Evansville, IN 47715 Vs. Plaintiff, Harry G. Minnick, Jr. 2811 Spring Road Carlisle, PA 17013 Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY DECEMBER TERM, 2006 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 L t PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID# 59264 Three Greentree Centre 7001 Lincoln Drive, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc., 600 N. Royal Avenue : COURT OF COMMON PLEAS Evansville, IN 47715 : CUMBERLAND COUNTY Plaintiff, DECEMBER TERM, 2006 . No.. QL - 166 L Vs. CIVIL ACTION Harry G. Minnick, Jr. MORTGAGE FORECLOSURE 2811 Spring Road Carlisle, PA 17013 Defendant(s) COMPLAINT IN MORTGAGE FORECLOSURE 1. Plaintiff, MorEquity, Inc. (the "Plaintiff'), is a corporation registered to conduct business in the Commonwealth of Pennsylvania and having an office and place of business at 600 N. Royal Avenue, Evansville, IN 47715, by way of Complaint says:. 2. Defendant, Harry G. Minnick, Jr. (the "Defendant"), is an adult individual and is the real owner of the premises hereinafter described. 3. Defendant, Harry G. Minnick, Jr., resides at 2811 Spring Road, Carlisle, PA 17013. 4. On November 26, 2003, in consideration of a loan in the principal amount of $98,000.00, Defendant executed and delivered to Wilmington Finance, a division of AIG Federal Savings Bank a note (the "Note") with initial interest thereon at 6.750% per annum, payable as to the principal and interest in equal initial monthly installments of $635.63 commencing on January 1, 2004. A true and correct copy of the Note is attached hereto and made a part hereof as Exhibit "A". To secure the obligations under the Note, the Defendant executed and delivered to Wilmington Finance, a division of AIG Federal Savings Bank a mortgage (the "Mortgage") dated November 26, 2003, recorded on December 2, 2003 in the Recorder of Deeds in and for the County of Cumberland under Mortgage Book 1847, Page 0344, et. seq. A true and correct copy of the Mortgage is attached hereto and made a part hereof as Exhibit "B". 6. By Assignment of Mortgage dated November 28, 2003, Wilmington Finance, a division of AIG Federal Savings Bank assigned its Mortgage to MorEquity, Inc. Said Assignment of Mortgage was recorded September 22, 2004 in the Recorder of Deeds in and for the County of Cumberland under Assignment Book 711, Page 3694, et seq. A true and correct copy of the Assignment of Mortgage is attached hereto and made a part hereof as Exhibit "C". The Mortgage secures the following real property (the "Mortgaged Premises"): 2811 Spring Road, Carlisle, PA 17013. A legal description of the Mortgaged Premises is attached hereto as Exhibit "D" and made a part hereof. 8. Defendant is in default of his obligations pursuant to the Note and Mortgage because payments of principal and interest due July 1, 2006, and monthly thereafter are due and have not been paid, whereby the whole balance of principal and all interest due thereon have become due and payable forthwith together with late charges, escrow deficit (if any) and costs of collection including title search fees and reasonable attorney's fees. 9. The following amounts are due on the Mortgage and Note: Balance of $95,250.88 Principal Accrued but $2,553.93 Unpaid Interest from 6/1/06 to 10/24/06 @ 6.750% Accrued Late $170.86 Charges Corporate $0.00 Advance Recoverable $0.00 Balance Escrow Advance $3,630.07 Title Search Fees $315.00 Reasonable $1,250.00 Attorney's Fees Less Suspense $500.82 Balance TOTAL as of $102,669.92 October 24, 2006 Plus, the following amounts accrued after October 24, 2006: Interest at the current Rate of 6.750% per cent per annum ($17.86 per diem); 5% of the overdue payment of principal and interest. 10. The notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance program, Act 91 or 1983 has been sent to Defendant on August 10, 2006, via certified and regular mail, in accordance with the requirements of the Act. A true and correct copy of such notice is attached hereto as Exhibit "E" and made a part hereof. WHEREFORE, Plaintiff demands an in rem judgment against the Defendant for foreclosure and sale of the Mortgaged Premises in the amount due as set forth in paragraph 9, namely, $102,669.92, plus the following amounts accruing after October 24, 2006, to the date of judgment: (a) interest of $17.86 per diem, (b) late charges equal to 5% of the overdue payment of principal and interest per month, (c) plus interest at the legal rate allowed on judgments after the date of judgment, (d) additional attorney's fees (if any) hereafter incurred, (e) and costs of suit. PARKER MCCAY, P By: ?1l J. 2 for P Dated: December 4, 2006 VERIFICATION I, Emmanuel J. Argentieri, hereby certify that I am an Attorney for Plaintiff and am authorized to make this verification on Plaintiff's behalf. I verify that the facts and statements set forth in the forgoing Complaint in Mortgage Foreclosure are true and correct to the best of my knowledge, information and belief. This verification is made subject to the penalties of 18 Pa. C.S.' 4904, relating to unsworn falsification to authorities. EXHIBIT "A" SEE" PREPAYMENT RIDER TO NOTE' ATTACHEI{ NOVEMBER 26, 2003 [Date] MECHANICSBURG [City] 2811 SPRING RD, CARLISLE, PA 17013 [Property Address? 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received, I promise to pay U.S. $ 98,000.00 plus interest, to the order of the Lender. The Lender is Wilmington Finance, a division of AIG Federal Savings Bank LOAN NO.: A3110426 PENNSYLVANIA [State] (this amount is called "Principal"), I will make all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Note. The Lender or anyone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid. I will pay interest at a yearly rate of 6.750 %. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monthly payment on the 1 st day of each month beginning on JANUARY, 2004 I will make these payments every month until I have paid all of the principal and interest and any other charges described below that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on DECEMBER 01, 2033 , I still owe amounts under this Note, I will pay those amounts in full on that date, which is called the "Maturity Date." I will make my monthly payments at Wilmington Finance, a division of AIG Federal Savings Bank PO Box 209, Plymouth Meeting, PA 19462 or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be in the amount of U.S. $ 635.63 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. CE.9TIFIED TO BE A TRUE COPYrF ORIGINAL DATED. l ? ?b BY• ?--_ MULTISTATE FIXED RATE NOTE -Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3200 1/01 VMP 5N (0207) Page 1 or 3 LENDER SUPPORT SYSTEMS, INC. 5N.NEW (04/03) REPO AND MADE A PART HEREOF NOTE 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charge for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default. (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. (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 described above, the Note Holder will still have the right to do so if I am in default at a later time. (E) Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations, including the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights under this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. VMP 5N (0207) Page 2 of 3 Initials y o Form 3200 1/01 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trust or Security Deed (the "Security Instrument"), dated the same date as this Note , protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are described as follows: If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender 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 given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED 440 (Seal) ARRY G. MINNI J -Borrower - (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower '44/ 4- - (Seal) -Borrower _ (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower VMR5N (0207) rage 3 or 3 Form 3200 1 /01 ALLONGE TO NOTE Allonge to note dated: 11/26/2003 In Favor of : Wilmington Finance, a division of AIG Federal Savings Bank And executed by: HARRY G. MINNICK Property Address: 2811 SPRING RD CARLISLE, PA 17013, Loan Amount: $ 98,000.00 Pay to the order of : Without recourse: Wilmington Finance, a division of AIG Federal Savings Bank i By: Odra Hidalgo-Diaz Title: Designated Signer LOAN NO.: A3110426 PREPAYMENT RIDER TO NOTE The Note dated NOVEMBER 26, 2003 between Wilmington Finance, a division of AIG Federal Savings Bank HARRY G. MINNICK, JR is hereby amended as follows: (Lender) and (Borrower or I) 1. Additional Covenants. Notwithstanding anything to the contrary set forth in the Note or Security Instrument, Borrower and Lender covenant, and agree, that the provisions of the section of the Note entitled "BORROWER'S RIGHT TO PREPAY" or "BORROWER'S PAYMENTS BEFORE THEY ARE DUE" are amended to read as follows: Subject to the Prepayment Penalty provided below, I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." A "Full Prepayment" is the prepayment of the entire unpaid Principal due under the Note. A payment of only part of the unpaid Principal is known as a "Partial Prepayment." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. If, within the 36 month period beginning with the date I execute the Note (the "Penalty Period"), I make a Full Prepayment, or Partial Prepayment in any twelve (12)-month period that exceeds 20% of the original Principal loan amount, I will pay a Prepayment charge as consideration for the Note Holder's acceptance of such Prepayment. The Prepayment charge will equal 5.000 % of the then Principal balance of the Note. No Prepayment charge will be assessed for any Prepayment occurring after the Penalty Period. This Rider will remain in full force and effect unless the Note is transferred by Lender and the Borrower is notified in writing by the new Note Holder that such Note Holder, at its sole option, has declared the Rider null and void. If the Rider is declared null and void, the original Note terms shall remain in full force and effect. (Seal) 411, • HARRY G. MINNICK, JR. Borrower _ (Seal) -Borrower _ (Seal) -Borrower (Seal) -Borrower Lender Support Systems, Inc. FMC-WIL.RDR (03/03) EXHIBIT "B" 7 &. 71 ?L " I'• •'^ P, EGLER n OF DEEDS s`t'D CCUTY-, ' Ll Prepared By: Wilmington Finance, div. of AIG FSB 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 877-963-4968 Parcel Number: 29-14-0867-033 LOAN NO.- A3110426 DEFINITIONS Return To: Wilmington Finance, a division of AIG Federal Savings Bank 401 Plymouth Road, Suite 400 Plymouth Meeting, PA 19462 [Space Above This Line For Recording Data MORTGAGE Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated together with all Riders to this document. (B) "Borrower" is HARRY G. MINNICK, JR. Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Wilmington Finance, a division of AIG Federal Savings Bank Lender is a CORPORATION organized and existing under the laws of Delaware NOVEMBER 26, 2003 , PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT VMP-6IPA) (oooe) P el r 16 ,IAN A u 4 Initials: ??? • Form 3039 1101 ag o LENDER SUPPORT SYSTEMS, INC. 60PA.NEW (10/02) !;?"'r? Il'IEL1 To BE A TRUE copy t.,F T RIGINA 14"r-C, 4 4 r. ?. _-------- 5?. 5QS"9?J /1?I i n' K 3 Lender's address is 401 Plymouth Road, Suite 400, Plymouth Meeting, PA 19462 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory note signed by Borrower and dated NOVEMBER 26, 2003 The Note states that Borrower owes Lender NINETY EIGHT THOUSAND AND NO/100 X X X X X X X X X X X X X X X X X X X X X Dollars (U.S. $ 98,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than DECEMBER 01, 2033 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property. " (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider Q Condominium Rider Q 1-4 Family Rider Graduated Payment Rider Planned Unit Development Rider Q Biweekly Payment Rider Balloon Rider Rate Improvement Rider Q Second Home Rider Other(s) [specify] (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (I) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. ?tJanr?. Initials: VMP-6(PA) (oooa) Page 2 of 16 Form 3039 1/01 RK 1847PG0345 (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY [Type of Recording Jurisdiction] of CUMBERLAND [Name of Recording Jurisdiction]: AS PER DEED ......AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of ("Property Address") : CARLISLE 2811 SPRING RD [City] , Pennsylvania TOGETHER WITH all the improvements now or hereafter erected on easements, appurtenances, and fixtures now or hereafter a part of the property. additions shall also be covered by this Security Instrument. All of the foregoing Security Instrument as the "Property." VMP-6(PA) (ooos) Page 3 of 16 6KI847FG8346 [Street] 17013 [Zip Code] the property, and all All replacements and is referred to in this Initials: ? ?/Form 3039 1101 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be initials: #**J? VMP-6(PA) pool) Page 4 of 16 Form 3039 1/01 RK1847FG0347 paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described In the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest ?,. Initials: A VMP-6(PA) (ooos) Page 5 of 16 Form 3039 1/01 BKI847PGO343 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. Initials: v VMP-6(PA) (coos) Page 6 of 16 Form 3039 1/01 BK l 347FIG0349 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is wade in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. n-AX? Initials: VMP-6(PA) roooe) Page 7 of 16 Form 3039 1/01 OK 1347103350 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Initials: ??•? ? fff??? VMP-6(PA) (ooo8) Page 8 of 16 Form 3039 1/01 SK 1847FG035 Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. [nit ?•?y (/ f VMP-6(PA) (oom) Page 9 of 16 Form 3039 1/01 SKI847FG0352 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous 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 Opposing Party (as defined in the next sentence) offers to make an award to 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 Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be Initials: V VMP 6(PA) (ooos) Page 10 of 16 Form 3039 1/01 9KI847PGO353 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. 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 Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to inaials: VMP-6(PA) pooe) Page 11 of 16 Form 3039 1/01 BKI847FG0354 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. 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. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender 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 given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) 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 Init ials:? / " T/ • r vV VMP-6(PA) (ooos) Page 12 of 16 Form 3039 1/01 Uit 1 84 / i G0355 agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Initials: //A,* U VMP-6(PA) (oooe) Page 13 of 16 Form 3039 1/01 OKI847PGO356 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. Innfals: A VMP-6(PA) rooo6) Page 14 of 16 Form 3039 1101 BKI847PG0357 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: -Witness -Witness t 04 (Seal) RRY G. MINNI K, JR -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower VMP-6(PA) (oooe) Page 15 of 16 Form 3039 1/01 81,{ 1847FG4358 Certificate of Residence C,V ?'?`' ?? ?i 1 `? , c.? ""'? do hereby certify that the correct address of the within-named Mortgagee is 401 Plymouth Road, Suite 400, Plymouth Meeting, PA 19462 Witness my hand this G T 0 day of Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, County ss: On this, the 4 ?26 rA day of ;rY4,4s ev _4e..L a"3 , before me, the undersigned officer, personally appeared HARRY G. MINNICK, JR. l known to me (or satisfactorily prove to be the persoiktLwhose nam?& is1 re subscribed to the within instrument and acknowledged th he/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: Shine Notarial SeaI yy Keys, Notary Public Ha dM i Twp . Cumberland County MY Commission Expires June 17,2004 Member, Pennsylvania Associationomotanes VMP-6(PA) (ows) Title of Officer 1-41#4 . Inifials Page 16 of 16 Form 3039 1/01 47 8K ! 847PG0359 ALL THAT CERTAIN lot of ground, with the improvements thereon erected, situate in North Middleton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point (iron pin) in the southern right of way line of Pennsylvania Highway Route No. 34, said point being 1679 feet measured eastwardly along said highway from the corner of lands now or formerly of John Mathias; thence continuing along the Southern right of way line of said highway, North 72 degrees East 100 feet to a point; thence by other lands now or formerly of the said Mary A. and Raymond E. Best, South 18 degrees East, 352 feet to a point; thence by the same, South 72 degrees West, 273 feet to a point; thence by the same North 8 degrees East, 392.2 feet (erroneously stated in the Deed of Mary A. Best and Raymond E. Best, her husband to Frank A. Brownawell and Florence A. Brownawell, his wife, as being 92.2 feet); to the place of BEGINNING. UNDER AND SUBJECT to any and all Covenants, Conditions, Reservations, Restrictions, Rights-of-Ways, Conveyances and Easements of Record. BEING THE SAME PREMISES which Dwaine D. Lesher and Renee M. Lesher, husband and wife, by their Deed to be recorded simultaneously herewith, in the office of the Recorder of Deeds of Cumberland County, granted and conveyed unto Harry G. Minnick, Jr. t i n } In 3 EXHIBIT "C" WHEN RECORDED MAIL TO: FIDELITY NATIONAL-LPS P.O. BOX 19523 IRVINE,CA 92623-9523 MOREQREC Parcel No.: 29-14-0867-033 3b?o i z5 IMERT °. ZIEGLER rI CORDER OF DEEDS C??; ;,?RI_ HD COTITY-, m, SEP 22 RM 9 35 Loan Number: A3110426 ASSIGNMENT OF MORTGAGE For value received, the undersigned holder of a Mortgage (herein"Assignor") whose address is 401 Plymouth Road, Suite 400 Plymouth Meeting,PA 19462 does hereby Grant, sell, assign, transfer, and convey, unto WrEqufty, ? %. a corporation organized and existing under the laws of )j eU QLb- (herein "assignee"), t? s ?adr ss is bU lU 6arriage Drive Evansville IN 47715 , a certain mortgage dated 11/26/2003 , made and executed by : HARRY G. MINNICK, JR., whose address is 2811 SPRING RD CARLISLE, PA 17013, to and in favor of Wilmington Finance, a division of AIG Federal Savings Bank upon the following described property situated in CUMBERLAND County, Commonwealth of PENNSYLVANIA SEE COMPLETE LEGAL DESCRIPTION DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, Such mortgage having been given to secure a payment of NINETY-EIGHT THOUSAND AND OWN ($ 98,000.00) (+,I, which Mortgage is of record in Book, Volume, or Liber No. at page 54y (or as No. ) of the records of CUMBERLAND County, Commonwealth of PENNSYLVANIA, together with the note(s) and obligations therein described and the money due and to become due thereon with interest, and all rights accrued or to accrue under such mortgage. recorded -Dec. This document prepared by Wilmington Finance, a division of AIG Federal Savings Bank, 401 Plymouth Rd., suite 400, Plymouth Meeting PA 19462 600Y " '';,F ORIGINAL TO HAVE AND TO HOLD the same unto Assignee, its successors and assigns, forever, subject only to the terms and conditions of the above-described Mortgage. IN WITNESS WHEREOF, the and igned Assignor has executed ' As n ent of Mortgage on 11/28/2003 Wilmingt Fin tsion G Federal Savings Bank Witness 1 ( gnor) Stephen G. DeBlasio Assistant Vice President Commonwealth/State of Pennsylvania County of Montgomery On the 28th day November, 2003 before me, Suzanne E. Levin, the undersigned officer, personally appeared Stephen G. DeBlasio who acknowledged himself to be the Assistant Vice President of Wilmington Finance, a division of AIG Federal Savings Bank, a corporation, and that he, as such Assistant Vice President, being authorized to do so, executed the foregoing instrument for the purpose therein contained, by signing the name of the corporation by himself as Assistant Vice President, In witness whereof I hereunto set my hand and official seal. Not"Inal Seal Suzanne E Lehr: Notary Public Plymouth Twp. N'ontgornery County My Cornnrission FxE,irc_'? ?Wl; 11 ?, 2006 Member, Pennsylvania Association of Notaries ?? i 7t I_ ACE ".JJG93 -r , li i1c ii{' .. r _ {! -.A J. i 0 i,'J fV r ff t_ f 1 `.1 : i'T t• -• i?l ' ., ,. ` L L_, i t i.: : .T L? +. 4N c:3 .?. K:S T:_ 1 r''r 1". F: l'; :! •-.-., l.-i?i-,": f,I!C. fi ;..-;= - ;.?.. 1+._r -.l ,..i(. _ i..l ;. k-/ + I i-j ,: :. r':;, -i -+i, ', u+: ::t t r3'" {:i't : .t 1'E _ t.•' :it k' 3 f_t I_.( ?_ t (.'li ?' r} r' F• F• c Vh! t•, [, f J :.. r [- ' f's t; i _i i- L7 ; f' El to CI L. ,• ( is c-i _ ? i_ '" + i-... :'i ._ _ l._l T .1 '.: , '.._ r , • . _ i J i?i , a IJ'J ['.? .:. i l?j .. {:i 'f ... i'_( ,. r_tr?'Ci?JilfnwE?-iiq i.ld[. WJa C,??a :.=a`_. _r':ITi + et:?i: ) -t:U t,iti? .;=i t.J? _ r ., "4 i-j Id fe Y' t?i'+??1 '"1E iP.?{T r'••-r 'r ..! i?t7l' -.ti`'..I :iA ?!. I. l..-il 'v'C-i ?il T"i i': i:I Tl i_?1 t. ?(' t. j ?- .1 t_, o k: tF? s.r? k? ,a ?_C-i<:sri.: i..... ' El r'`4'l.7 -f L_:._ "- - KF? 'M l r S ? f' wl ? iy 1•. . C T'1 fil a it ft Ci R i _ _ t t'- .aii rat m?.1 I. .i..1 .; 1" f _ I-, 1 1- l! - ' ' r I 1 a 1- = y • L .i. ,. L i"': P 1 0 03 fl tp.- Ti L/ ia i t'f'. _ F? (I T t 71 4 •F ?•; . :I L 0 r C! 1'1 G l.:l!P'i? c.+V r-?f:' ?• _1 C.. ii f-I ?_ r i .L...e (J, •..:'!e r?k_C::ur eei 1 ?._._._._ i,1 1T:?_? t'i•' '_ , t.. 1,3_ .aTiC.1 t? t`U fiV c.1 UU _ J/ ?,.i r!w+:iif'F ''. ;t r aTzri Rz tyr. I`rl (L?s to I Certify this to be r d In Cumberland Cc i . ; :r of DLL ids 3?0K 7-t I PAGE3G196 EXHIBIT "D" LEGAL DESCRIPTION (PAGE 1 OF 1) PROPERTY ADDRESS: 2811 Spring Road, Carlisle, PA 17013 PARCEL: 29-14-0867-033 MUNICIPALITY: Township of North Middleton COUNTY: Cumberland -,E G1:%7+`174"Get o paant (iron pint in the southern rigs! of ' way tine Of Penns vdnia Nigh v Route ivo. 34, soil point being 167p feet mewmvd eastwardly along said htghwxsy fr0M the CprnUr of duards now or for erl , ref John Mathias; thence cantinuing along the Southern right of way tine cdvatd highway, !"forth 77 degrees East 100 feet to a point,- thence by other lamb ncnv or formerly of the said ,pry A. and Ray tuf E. .best. South 18 degmes Ea8t, 352 feet to ra point, tkence br the same South 72degrees lest, 273 feet to a Ivint; thence by the name North 8 dcgr eeYs East, 392, 2 lett (erroneously sorted in the Deed of Mary .4- Best and 1;'ra owd 5&&r. -)*r hus$ and to Frank d.1t'row welt and Florence A. Brownawelt his wfo as being 92.2, feet),: t1,oFtac`e v.?'?EG?'+lltrltV?, Note: Our liability hereunder is limited to the consideration paid for this search. 3of3 EXHIBIT "E" OPEN- - s 1 ? 2, and 3. Atso COMPIM ¦ complete item pellvery is desired, ¦ y R, and addnOM Ow ? vem so that we ran Tatum the d to " nr,61 coo ¦ Attach We orontWe space !2 1. Arriote Minnick Harry inq Road 2811 S PA 17013 Caries 2. AT" N B. A909WW by ( printed Name) dnterent from item i? 0 yes- D. is d,*my addre" O No it YES, eater pUG 21 2406 EWIM Maims Registered 0 Al 80080 Matt E3 C.O.D. peMery? Fee) "XI Yes ICE 7E10 01Q0 00®2. 613512 1736 Dome PS Forth 3811, February 20M ..o M r1 ?n 'u t3 1 SAL USE I? . G postage. $ ° C "Wiled Fee C3 ° Poasnark Hem M °e`aegr,ireel M Tow Postage & Fees .? -a rII- oail... d(1; Sid Z%P44- ,, 1-_ _ _ fl 1 #'71%1 2 August 10, 2006 Harry G. Minnick 2811 Spring Road Carlisle, PA 17013 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. SRecific 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 save your home. This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your Count are listed at the end of this Notice. If you have M questions, you may call the Pennsylvania Housing Finance Agency toll free at 1-800-342-2397. (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any question, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your area. The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION OBTENGA UNA TRADUCCION INMEDITAMENTE LLAMANDO ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. PUEDES SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): Harry G. Minnick PROPERTY AbFDRESS: 2811 Spring Road Carlisle, PA 17013 LOAN ACCT. NO.: 3040128 ORIGINAL LENDER: Wilmington Finance CURRENT LENDER/SERVICER: MorEquity HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL. IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face-to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT THIRTY (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you met with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take any further action against you for thirty (30) days after the date of this meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default). If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER. FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth '} w above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PRUPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). HOW TO CURE YOUR MORTGAGE DEFAULT Bring it up to date). NATURE OF THE DEFAULT - The MORTGAGE held by the above lender on your property located at: 2811 Spring Road Carlisle, PA 17013 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: a) Number of Payments: 3 b) Delinquent Amount Due: $ 2,700.54 c) Late Charges: $ 75.52 d) Recoverable Corporate Advances: $ e) Other Charges and Advances: $ f) Less funds in Suspense: $ g) Total amount required as of (August 10, 2006): $ 2,776.06 YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,776.06, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by cash, cashier's check. certified check or money order made payable to: REGULAR MAIL MorEquity 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Fax Number: 1- 812-475-7235 You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter. IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its right to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not .. made within THIRTY (30) DAYS, the lender also intends to instruct its attorney to start legal action to foreclose upon your mortgaged proverty. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include our reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be reauired 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 proceedings have begun, you still have the right to cure the default and prevent the sale at any time mp to one hour before the Sheriff's Sale. You may do so by paying the total amount then past due, plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriff s Sale as Wecified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately Five (5) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the lender. HOW TO CONTACT THE LENDER: Name of Lender: MorEquity Address: 600 N. Royal Ave Evansville, IN 47715 Phone Number: 1- 800-205-8640 Fax Number: 1- 812475-7235 Contact Person: Loan Resolution Department EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriff s Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or XXX may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO 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 OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. MorEquity Collections Department NOTICE REQUIRED UNDER THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1601 (AS AMENDED) THE PENNSYLVANIA UNFAIR TRADE PRACTICES ACT AND CONSUMER PROTECTION LAW, 73 PA. CON. STAT. ANN. § 201, ET. SEQ. ("THE ACTS") INASMUCH AS THE ACTS MAY APPLY, THIS NOTICE MAY BE CONSTRUED AS AN ATTEMPT TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. V.` of • CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY ;? • a s PENNSYLVANIA HOUSING FINANCE AGENCY HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM CONSUMER CREDIT COUNSELING AGENCIES CUMBERLAND COUNTY CCCS OF WESTERN PENNSYLVANIA INC. 2000 Linglestown Road Harrisburg, PA 17102 (717)541-1757 URBAN LEAGUE OF METROPOLITAN HARRISBURG 2107 N. 6th Street Harrisburg, PA 17101 (717) 234-5925 FAX (717) 234-9459 COMMUNITY ACTION COMM OF THE CAPITAL REGION 1514 Derry Street Harrisburg, PA 17104 (717) 232-9757 FAX 234-2227 FINANCIAL COUNSELING SERVICES OF FRANKLIN 31 West 3rd Street Waynesboro, PA 17268 (717) 762-3285 YWCA 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) 334-1518 FAX (717) 334-8326 VI VI JLaca O ?r V j Ln x SHERIFF'S RETURN - REGULAR CASE NO: 2006-07076 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOREQUITY INC VS MINNICK HARRY G JR SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon MINNICK HARRY G JR the DEFENDANT at 1548:00 HOURS, on the 26th day of December-, 2006 at 2811 SPRING ROAD CARLISLE, PA 17013 by handing to DEB DORSEY ROOMMATE (ADULT IN CHARGE) a true and attested copy of NOTICE AND COMPLAINT IN MORTGAGE FORCLOSURE together with and at the same time directing Her attention to the contents thereof Sheriff's Costs: Docketing 18.00 Service 4.40 Affidavit .00 Surcharge 10.00 .00 32.40 ??z y?o7 Sworn and Subscibed to before me this day of , So Answers: ,1,000P ado:!?_ - R. Thomas Kline 00/00/0000 c By: Deputy Sheriff A. D. r..lf PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID# 59264 Three Greentree Centre 7001 Lincoln Drive, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc., 600 N. Royal Avenue Evansville, IN 47715 Plaintiff, : COURT OF COMMON PLEAS : CUMBERLAND COUNTY DECEMBER TERM, 2006 No.: 06-7076 Vs. Harry G. Minnick, Jr. 2811 Spring Road Carlisle, PA 17013 Defendant(s) : CIVIL ACTION : MORTGAGE FORECLOSURE PRAECIPE TO ENTER DEFAULT JUDGMENT TO THE PROTHONOTARY: Kindly enter Judgment by Default in favor of Plaintiff, MorEquity, Inc. and against Defendant, Harry G. Minnick, Jr., for failure to answer or otherwise respond to the Complaint in Mortgage Foreclosure. Kindly assess damages in the above matter against Defendant as follows: As set forth in Complaint $102,669.92 Interest - 10/25/06 to 8/8/07 @ 6.75% $5,072.15 Late Charges $286.02 Corporate Advance $2,305.08 TOTAL $110,333.17 Together with interest at the contract rate after the date of judgment, and costs. I CERTIFY THAT THE FOREGOING ASSESSMENT OF DAMAGES IS FOR SPECIFIED AMOUTNS ALLEGED TO BE DUE IN THE COMPLAINT IN MORTGAGE FORECLOSURE AND IS CALCULABLE AS A SUM CERTAIN FROM THE COMPLAINT IN MORTGAGE FORECLOSURE. Pursuant to Pa.R.C.P. 237.1, I certify that written notice of the intention to file this Praecipe was mailed to the Defendant against whom judgment is to be entered more than ten (10) prior to the date of the filing of this Praecipe and a copy of the notice is attached. PARI &R MCCAY, P BY: Dated: August 8, 2007 E anu J. g i?ri, Esquire A orney # y 16 Three Gr entree Ce re 7001 Lincoln Drive, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 This - - day of 4av , 2007, judgment is entered in favor of Plaintiff and against Defendant, Harty G. Minnick, Jr. by default for want of an answer and damages assessed at the sum of $110,333.17 as per the above certification. P othonotary, Cumberland 2 ATTORNEYS AT LAW Parker McCay P.A. Three Greentree Centre 7001 Lincoln Drive West P.O. Box 974 Marlton, NJ 08053-0974 P:856-596-8900 F: 856-596-3427 www.parkermccay.com Emmanuel J. Argentieri, Esquire January 17, 2007 856-985-4025 eargentieri®parkermccay.com VIA CERTIFIED MAIL - RRR AND FIRST CLASS MAIL Mr. Harry G. Minnick 2811 Spring Road Carlisle, PA 17013 Re: MorEquity, Inc. v. Minnick, Harry G. Docket No. 06-7076; CCP of Cumberland County Our File No. 1 384 1-0040 Dear Mr. Minnick: I have enclosed herein a Notice of Intention to Take Default in connection with the Mortgage Foreclosure Complaint and Notice to Defend which has been filed against you in the Court of Common Pleas of Cumberland County, in connection with the above-referenced action. Please be guided accordingly. Enclosure uire Marlton, New Jersey Lawrenceville, New Jersey 7160 3901 9849 7460 6882 TO: Mr. Harry G. Minnick 2811 Spring Road Carlisle, PA 17013 SENDER: kam REFERENCE: 13841-0040 j RETURN Postage RECEIPT SERVICE Certified Fee Retum Receipt Fee 0.00 Restricted Delivery 0.00 Total Postage & Fees US Postal Service PO ° T Receipt for Certified Mail o No Insumnow Coverage Provided CP N Do Not Use for Intemational Mal ( -n y 0-< ,..? om En a ry m ?? v' P a w o ZA c a ? G7 M8 -41 r- - v o o N O 'O Z o wa. OO M fa> C 0 a r N m m ?- 0z z m gj : D O ' -i z D CP y ° C z U S. POSTAGE -v0 95 MARLTON NJ 08053 JAN 18 2007 00950 028610 FP0594164 JMC01 069CFC56 PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID# 59264 Three Greentree Centre 7001 Lincoln Drive, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc., 600 N. Royal Avenue Evansville, IN 47715 Plaintiff, Vs. Harry G. Minnick,,Jr. 2811 Spring Road Carlisle, PA 17013 Defendant(s) Certified Article Number 7160 3901 9849 7460 6882 SENDERS RECORD COURT OF COMMON PLEAS CUMBERLAND COUNTY : DECEMBER TERM, 2006 : No.: 06-7076 CIVIL ACTION MORTGAGE FORECLOSURE NOTICE OF INTENTION TO TAKE DEFAULT TO: Harry G. Minnick, Jr. 2811 Spring Road Carlisle, PA 17013 DATE OF NOTICE: January 17, 2007 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT: WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. Dated: January 17, 2007 VIA CERTIFIED MAIL - RRR AND FIRST CLASS MAIL 0 IL ri ?k s F #} OT; ?t?' `'1?4 t1 .rte O OWL .. racr =- e 7 r t? tit C?9 d 0 C) ?d ? rJ N C N ? m Q Cl) m V ? O d??O rZ rn ami c x ? mop ? L 2 r r? 0 r 44 I 7t F -ra rh? 7y?' 7 y ?r GIN CP ?, V. 4 PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID# 59264 Three Greentree Centre 7001 Lincoln Drive, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, MorEquity, Inc. MorEquity, Inc., 600 N. Royal Avenue Evansville, IN 47715 Plaintiff, Vs. Harry G. Minnick, Jr. 2811 Spring Road Carlisle, PA 17013 Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY DECEMBER TERM, 2006 No.: 06-7076 : CIVIL ACTION : MORTGAGE FORECLOSURE VERIFICATION OF NON-MILITARY SERVICE I, Emmanuel J. Argentieri, Esquire, hereby certify that I represent Plaintiff in the above entitled case; that I am authorized to make this Verification on behalf of Plaintiff; that the above- named Defendant is over 18 years of age; that the address of the Defendant, Harry G. Minnick, Jr. is 2811 Spring Road, Carlisle, PA 17013; that the occupation of the Defendant is unknown; and that the Defendant is not known to be in the Military Service of the United States, nor any State or Territory thereof or its allies as defined in the Soldiers' and Sailors' Civil Relief Act of 1940 and the amendments thereto. I also certify that the address of the Plaintiff is 600 N. Royal Avenue, Evansville, IN 47715. r . I understand that the statements made herein are subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. By: Date: August 8, 2007 PARKER MCCAY, P.C. 7001 Lincoln Drive P.O. Box 974 2 Marlton, NJ 08053-0974 TI ' _ I CTl -- r Q f r 49 PARKER MCCAY P.A. By: Emmanuel J. Argentieri, Esquire Attorney ID# 59264 Three Greentree Centre 7001 Lincoln Drive, P.O. Box 974 Marlton, NJ 08053 (856) 596-8900 Attorney for Plaintiff, MorEquity, Inc. COURT OF COMMON PLEAS : CUMBERLAND COUNTY DECEMBER TERM, 2006 No.: 06-7076 CIVIL ACTION MORTGAGE FORECLOSURE MorEquity, Inc., 600 N. Royal Avenue Evansville, IN 47715 Plaintiff, Vs. Harry G. Minnick, Jr. 2811 Spring Road Carlisle, PA 17013 Defendant(s) CERTIFICATION I, Emmanuel J. Argentieri, Esquire, do hereby certify that the Defendant, Harry G. By: Minnick, Jr. was served with the Complaint in Mortgage Foreclosure in this action, via Sheriff of Cumberland County on December 26, 2006. A true and correct copy of the Sheriff's Affidavit of Service is attached hereto as Exhibit "A". P. AVA P 1?=eG el Alent i V Wsquire Te I Centr 7001 Lincoln Drive W st P.O. Box 974 Marlton, NJ 08053-0974 Date: August 8, 2007 3 46 EXHIBIT 66A" SHERIFF'S RETURN - REGULAP i CASE NO: 2006-07076 _ COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND MOREQUITY INC VS MINNICK HARRY G JR SHAWN HARRISON , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within NOTICE AND COMPLAINT IN was served upon MINNICK HARRY G JR the DEFENDANT , at 1548:00 HOURS, on the 26th day of December-, 2006 at 2811 SPRING ROAD CARLISLE, PA 17013 by handing to DEB DORSEY ROOMMATE (ADULT IN CHARGE) a true and attested copy of NOTICE AND COMPLAINT IN together with MORTGAGE FORCLOSURE and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to )efore me this f So Answers: 18.00 4.40 VP ; ks if .00 10.00 R. Thomas Kline .00 32.40 00/00/0000 e By: day Deputy Sheriff A.D. ;a t C73 f i. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS I Courthouse Square, Carlisle, PA 17013 Curtis R. Long PROTHONOTARY TO: Harry G. Minnick, Jr. 2811 Spring Road Carlisle, PA 17013 MorEquity, Inc., 600 N. Royal Avenue Evansville, IN 47715 Plaintiff, Vs. Harry G. Minnick, Jr. 2811 Spring Road Carlisle, PA 17013 Defendant(s) : COURT OF COMMON PLEAS : CUMBERLAND COUNTY : DECEMBER TERM, 2006 : No.: 06-7076 : CIVIL ACTION : MORTGAGE FORECLOSURE NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a JUDGMENT BY DEFAULT has been entered against you in the above proceeding and that enclosed herewith is a copy of all the (record) documents filed in support of the said judgment. IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL ATTORNEY EMMANUEL J. ARGENTIERI, AT TELEPHONE NO. (856) 596-8900 NOTICE REQUIRED BY THE FAIR DEBT COLLECTION PRACTICES ACT: WE ARE ATTEMPTING TO COLLECT A DEBT, AND ANY INFORMATION WE OBTAIN WILL BE USED FOR THAT PURPOSE. Curtis R. Long Prothonotary I Y PARKER MCCAY, PA By: Emmanuel J. Argentieri, Esquire Identification No. 59264. Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 596-8900 MOREQUITY, INC. COURT OF COMMON PLEAS 600 N. Royal Avenue Evansville, IN 47715 CUMBERLAND COUNTY Plaintiff No. 06-7076 V. HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 Defendants PRAECIPE FOR WRIT OF EXECUTION IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY OF CUMBERLAND COUNTY: 1. Directed to the Sheriff of CUMBERLAND County; 2. Against the Defendant(s) in the above-captioned matter; and 3. Index this writ against the Defendant(s) as follows: Harry G. Minnick, Jr. 4. Real Property involved: 2811 Spring Road, Carlisle, PA 17013 n g 00 'b4 d 00 000 4 ... PARKER MCCAY, PA By: Emmanuel J. Argentieri, Esquire Identification No. 59264 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 596-8900 MOREQUITY, INC. COURT OF COMMON PLEAS 600 N. Royal Avenue Evansville, IN 47715 CUMBERLAND COUNTY Plaintiff No. 06-7076 V. HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 The MorEquity, Inc., Plaintiff in the above-captioned action, comes by its attorney and sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property known as 2811 Spring Road, Carlisle, PA 17013 (see property description attached). 1) Name and address of Owners or Reputed Owners: Name (a) Harry G. Minnick, Jr. Address (if address cannot be reasonably ascertained, please so indicate) (a) 2811 Spring Road Carlisle, PA 17013 2) Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) Harry G. Minnick, Jr. (a) 2811 Spring Road Carlisle, PA 17013 3) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: (a) John M. Detweiler (a) 721 W. First Street Birdsboro, PA 19508 4) Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) MorEquity, Inc. (a) 600 N. Royal Ave. Evansville, IN 47715 (b) Members 1st Federal Credit Union (b) 5000 Louise Drive PO Box 40 Mechanicsburg, PA 19055 5) Name and address of every other person who has any record lien on the property: 6) Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: NONE 2 4 , .. 7) Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name (a) North Middleton Township (b) Carlisle Area School District (c) WESTMORELAND County Domestic Relations (d) Commonwealth of Pennsylvania Department of Welfare (e) Cumberland County Tax Claim Bureau Address (if address cannot be reasonably ascertained, please so indicate) (a) Robin Sollenberger, Tax Collector 5 Hill Drive Carlisle, PA 17013 (b) Robin Sollenberger, Tax Collector 5 Hill Drive Carlisle, PA 17013 (c) 13 North Hanover Street Carlisle, PA 17013 (d) 333 Health and Welfare Building Harrisburg, PA 17105 (e) Old Courthouse 1 Courthouse Square Carlisle, PA 17013 I verify that I am the attorney for the Plaintiff, MorEquity, Inc., in this action; that I am authorized to take this Verification on their behalf; and that the statements made in this Verification 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 4909 relating to unsworn falsification to Sworn to and subscribed to before me this 15`h day of November, 2007 ATA APJL, IC SHEU.EY VIRGIUO A NOTARY PUBUC OF NEW JERSEY MY COMMISSION W IRM MARCH 2, 2010 3 C MIF-I 7r - 7-1 n f'Tl 0 v R _ f v'nMiM.ZF .. r s.? ?s4+. ., .s'L ?/4.s li YS?ll.s ? ' s w r, . PARKER MCCAY, PA By: Emmanuel J. Argentieri, Esquire Identification No. 59264 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 596-8900 MOREQUITY, INC. COURT OF COMMON PLEAS 600 N. Royal Avenue Evansville, IN 47715 CUMBERLAND COUNTY Plaintiff No. 06-7076 V. HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: All Parties In Interest And Claimants OWNER(S): Harry G. Minnick, Jr. PROPERTY: 2811 Spring Road Carlisle, PA 17013 IMPROVEMENTS: Residential Single Family Dwelling The above referenced property is scheduled to be sold on March 7, 2008 at 10:00 a.m., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. r A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordanc with the schedule unless exceptions are filed thereto within ten (14) days after the filing oWsschedule. f AR N RI, ESQUIRE inti , Mo quity, Inc. Date: November 15, 2007 2 ? ?r? -T_? t°z i =f -? `- r? : _ ?. ? t. "? ?-_ ? • LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land situate, lying and being in the Township of North Middeton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point (iron pin) in the southern right of way line of Pennsylvania Highway Route No. 34, said point being 1679 feet measured eastwardly along said highway from the corner of lands now or formerly of John Mathias; thence continuing along the Southern right of way line of said highway, North 72 degrees East 100 feet to a point; thence by other lands now or formerly of the said Mary A. and Raymond E. Best, South 18 degrees East, 352 feet to a point; thence by the same South 72 degrees West, 273 feet to a point; thence by the same North 8 degrees East 392.2 feet (erroneously stated in the Deed of Mary A. Best and Raymond E. Best, her husband to Frank A. Bronawell and Florence A. Brownawell, his wife as being 92.2 feet); to the place of BEGINNING. Commonly known as 2811 Spring Road, Carlisle, PA 17013 Parcel #29-14-0867-033 ! ?% PARKER MCCAY, PA By: Emmanuel J. Argentieri, Esquire Identification No. 59264 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 596-8900 MOREQUITY, INC. COURT OF COMMON PLEAS 600 N. Royal Avenue Evansville, IN 47715 CUMBERLAND COUNTY Plaintiff No. 06-7076 V. HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 Your real estate located at 2811 Spring Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs sale on March 7, 2008 at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the presently outstanding court judgment of $110,333.17, plus interest and costs, obtained by MorEquity, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1) This sale will be canceled if you pay the judgment to Emmanuel J. Argentieri, Esquire, Three Greentree Centre, 7001 Lincoln Drive, PO Box 974. Marlton, NJ 08053. To find out how much you must pay, you may call (856) 596-8900. 2) You may be able to stop the sale by filing a petition asking the court to strike or open the judgment, if the judgment was improperly entered. You may also ask the court to postpone the sale for good cause. 3) You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1) If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriffs Office Real Estate Division at 1(888) 697-0371 x 6390 or Emmanuel J. Argentieri, Esquire, at (856) 596-8900. 2) You may be able to petition the court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3) The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Sheriffs Office Real Estate Division at 1(888) 697-0371 x 6390 or Emmanuel J. Argentieri, Esquire, at (856) 596-8900. 4) If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 2 i '" 5) You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6) You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on the 30th day after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days of the preparation of the schedule of distribution. 7) You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 3 PARKER MCCAY, PA By: Emmanuel J. Argentieri, Esquire Identification No. 59264. Three Greentree Centre. 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 596-8900 MOREQUITY, INC. COURT OF COMMON PLEAS 600 N. Royal Avenue Evansville, IN 47715 CUMBERLAND COUNTY Plaintiff No. 06-7076 V. HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 Defendants AFFIDAVIT OF LAST KNOWN ADDRESS BEFORE ME, the undersigned authority, personally appeared EMMANUEL J. ARGENTIERI, ESQUIRE, who, being duly sworn according to law, deposes and says that to the best of his knowledge, information and belief that the last known nddress?of i efendat, Harry G. Minnick, Jr. is 2811 Spring Road, Carlisle, PA 17013x- A n Attorney Sworn to and subscribed to before me this 15th day of November, 2007 C -,NOTARY P?91LIU SHELLEY VIRGILIO A NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MARCH 2, 2010 E ) d PARKER MCCAY, PA By: Emmanuel J. Argentieri, Esquire Identification No. 59264 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 596-8900 MOREQUITY, INC. 600 N. Royal Avenue Evansville, IN 47715 ; COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff V. HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 ; Defendants No. 06-7076 ACT 91 CERTIFICATION I, Emmanuel J. Argentieri, hereby certify that an Act 91 Notice was provided to Harry G. Minnick, Jr., the Defendants by letter dated August 10, 2006 via mail, return receipt requested. EMN)AI UYL J. ARC Attorney f Plaintiff, Sworn to and subscribed to before me this 15th day of November, 2007 `NCa'I'ARY PUEn IC U SHELLEY VIRGILIO A NOTARY PUBLIC OF NEW JERSEY MY COMMISSION EXPIRES MARCH 2, 2010 certified 1, ESQUIRE ity, Inc. c? C.l1 •1 f, PARKER MCCAY, PA By: Emmanuel J. Argentieri, Esquire Identification No. 59264 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 596-8900 MOREQUITY, INC. 600 N. Royal Avenue Evansville, IN 47715 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff V. HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 Defendants No. 06-7076 NOTICE OF THE SALE OF REAL PROPERTY Please be advised that the property and improvements, if any, located at 2811 Spring Road, Carlisle, PA 17013 will be sold by the Sheriff of Cumberland County on March 7, 2008 at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. This property and improvements are being sold pursuant to judgment entered on August 16, 2007 in the amount of $110,333.17, plus interest and costs filed in the Court of Common Pleas of Cumberland County, No. 06-7076 in favor of the plaintiff, MorEquity, Inc. and against the Defendants in the aforesaid judgment. The name of the owner(s), real owner(s), and reputed owner(s) of the aforesaid property is Harry G. Minnick, Jr. A schedule of the distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs office, by calling Sheriffs Office Real Estate Division at 1(888)697-0371 x 6390, to determine the actual 1 am& date and time of the filing of said schedule. Date: November 15, 2007 C? 0 4 PI - M LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land situate, lying and being in the Township of North Middeton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point (iron pin) in the southern right of way line of Pennsylvania Highway Route No. 34, said point being 1679 feet measured eastwardly along said highway from the corner of lands now or formerly of John Mathias; thence continuing along the Southern right of way line of said highway, North 72 degrees East 100 feet to a point; thence by other lands now or formerly of the said Mary A. and Raymond E. Best, South 18 degrees East, 352 feet to a point; thence by the same South 72 degrees West, 273 feet to a point; thence by the same North 8 degrees East 392.2 feet (erroneously stated in the Deed of Mary A. Best and Raymond E. Best, her husband to Frank A. Bronawell and Florence A. Brownawell, his wife as being 92.2 feet); to the place of BEGINNING. Commonly known as 2811 Spring Road, Carlisle, PA 17013 Parcel #29-14-0867-033 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-7076 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MOREQUITY, INC., Plaintiff (s) From HARRY G. MINNICK, JR. (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 $110,333.17 L.L.$ 0.50 Interest from 8/09/07 until Date of Sale of 3/07/08 Atty's Comm % Due Prothy $2.00 Atty Paid $128.40 Plaintiff Paid Other Costs Date: 11/20/07 (Seal) //1'h"& - rothonotary .?7 By: Deputy REQUESTING PARTY: Name EMMANUEL J. ARGENTIERI, ESQUIRE Address: PARKER MCCAY, PA THREE GREENTREE CENTRE 7001 LINCOLN DRIVE WEST PO BOX 974 MARLTON, NJ 08053 Attorney for: PLAINTIFF Telephone: 856-596-8900 Supreme Court ID No. 59264 Morequity, Inc. VS Harry G. Minnick, Jr. In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-7076 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Emmanuel Argentieri. Sheriffs Costs: Docketing $30.00 Poundage 1.47 Prothonotary 2.00 Law Library .50 Levy 15.00 Mileage 5.76 Surcharge 20.00 $74.73 ? So Answers: R. Thomas Kline, Sheriff BY .1 u &ti S vv?i L, Real Estate ergeant Ajh I-- , i PARKER MCCAY, PA By: Emmanuel J. Argentieri, Esquire Identification No. 59264 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 596-8900 MOREQUITY, INC. 600 N. Royal Avenue Evansville, IN 47715 Plaintiff V. HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 06-7076 AFFIDAVIT PURSUANT TO RULE 3129.1 The MorEquity, Inc., Plaintiff in the above-captioned action, comes by its attorney and sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property known as 2811 Spring Road, Carlisle, PA 17013 (see property description attached). 1) Name and address of Owners or Reputed Owners: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) Harry G. Minnick, Jr. (a) 2811 Spring Road Carlisle, PA 17013 2) Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) Harry G. Minnick, Jr. (a) 281 1 Spring Road Carlisle, PA 17013 3) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: (a) John M. Detweiler (a) 721 W. First Street Birdsboro, PA 19508 4) Name and address of the last record ed holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) MorEquity, Inc. (a) 600 N. Royal Ave. Evansville, IN 47715 (b) Members 1st Federal Credit Union (b) 5000 Louise Drive PO Box 40 Mechanicsburg, PA 19055 5) Naive and address of every other person who has any record lien on the property: 6) Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: NONE 2 7) Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name (a) North Middleton Township (b) Carlisle Area School District (c) WESTMORELAND County Domestic Relations (d) Commonwealth of Pennsylvania Department of Welfare (e) Cumberland County Tax Claim Bureau (e) Old Courthouse I Courthouse Square Carlisle, PA 17013 I verify that I am the attorney for the Plaintiff, MorEquity, Inc., in this action; that I am authorized to take this Verification on their behalf; and that the statements made in this Verification 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 4909 relating to unsworn falsification to a Sworn to and subscribed to before me this 15`h day of November, 2007 TA -Y Pull IC !f SHELLEY VIRGILIO A NOTARY PUBLIC OF NEW JERSEY MY CO[gIth',ISSION EXPIRES MARCH 2, 2010 3 Address (if address cannot be reasonably ascertained, please so indicate) (a) Robin Sollenberger, Tax Collector 5 Hill Drive Carlisle, PA 17013 (b) Robin Sollenberger, Tax Collector 5 hill Drive Carlisle, PA 17013 (c) 13 North Hanover Street Carlisle, PA 17013 (d) 333 Health and Welfare Building Harrisburg, PA 17105 r PARKER MCCAY, PA By: Emmanuel J. Argentieri, Esquire Identification No. 59264 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 596-8900 MOREQUITY, INC. 600 N. Royal Avenue Evansville, IN 47715 Plaintiff V. HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 06-7076 NOTICE OF THE SALE OF REAL PROPERTY Please be advised that the property and improvements, if any, located at 2811 Spring Road, Carlisle, PA 17013 will be sold by the Sheriff of Cumberland County on March .5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. This property and improvements are being sold pursuant to judgment entered on August 16, 2007 in the amount of $110,333.17, plus interest and costs filed in the Court of Common Pleas of Cumberland County, No. 06-7076 in favor of the plaintiff, MorEquity, Inc. and against the Defendants in the aforesaid judgment. The name of the owner(s), real owner(s), and reputed owner(s) of the aforesaid property is Harry G. Minnick, Jr. A schedule of the distribution will be filed by the Sheriff on a date specified by the Sheriff no later than thirty (30) days after said sale, and distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the date of filing of said schedule. You should check with the Sheriffs office, by calling Sheriffs Office Real Estate Division at 1(888)697-0371 x 6390, to determine the actual date and time of the tiling of said schedule. Date: November 15, 2007 Sincere Attorneys for elai I, ESQUIRE LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land situate, lying and being in the Township of North Middeton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point (iron pin) in the southern right of way line of Pennsylvania Highway Route No. 34, said point being 1679 feet measured eastwardly along said highway from the corner of lands now or formerly of John Mathias; thence continuing along the Southern right of way line of said highway, North 72 degrees East 100 feet to a point; thence by other lands now or formerly of the said Mary A. and Raymond E. Best, South 18 degrees East, 352 feet to a point; thence by the same South 72 degrees West, 273 feet to a point; thence by the same North 8 degrees East 392.2 feet (erroneously stated in the Deed of Mary A. Best and Raymond E. Best, her husband to Frank A. Bronawell and Florence A. Brownawell, his wife as being 92.2 feet); to the place of BEGINNING. Commonly known as 2811 Spring Road, Carlisle, PA 17013 Parcel 429-14-0867-033 W PARKER MCCAY, PA By: Emmanuel J. Argentieri, Esquire Identification No. 59264 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 596-8900 MOREQUITY, INC. 600 N. Royal Avenue Evansville, IN 47715 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff V. HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 Defendants No. 06-7076 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 Your real estate located at 2811 Spring Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs sale on March 5, 2008 at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the presently outstanding court judgment of $110,333.17, plus interest and costs, obtained by MorEquity, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1) This sale will be canceled if you pay the judgment to Emmanuel J. Argentieri, Esquire, Three Greentree Centre, 7001 Lincoln Drive, PO Box 974. Marlton, NJ 08053. To find out how much you must pay, you may call (856) 596-8900. 2) You may be able to stop the sale by filing a petition asking the court to strike or open the judgment, if the judgment was improperly entered. You may also ask the court to postpone the sale for good cause. 3) You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1) If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriffs Office Real Estate Division at 1(888) 697-0371 x 6390 or Emmanuel J. Argentieri, Esquire, at (856) 596-8900. 2) You may be able to petition the court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3) The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Sheriffs Office Real Estate Division at 1(888) 697-0371 x 6390 or Emmanuel J. Argentieri, Esquire, at (856) 596-8900. 4) If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 2 a 5) You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6) You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on the 30th day after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days of the preparation of the schedule of distribution. 7) You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER, IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 3 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-7076 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MOREQUITY, INC., Plaintiff (s) From HARRY G. MINNICK, JR. (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 $110,333.17 Interest from 8/09/07 until Date of Sale of 3/07/08 Atty's Comm % L.L.$ 0.50 Due Prothy $2.00 Atty Paid $128.40 Plaintiff Paid Date: 11/20/07 (Seal) Other Costs Prothonotary By: Deputy REQUESTING PARTY: Name EMMANUEL J. ARGENTIERI, ESQUIRE Address: PARKER MCCAY, PA THREE GREENTREE CENTRE 7001 LINCOLN DRIVE WEST PO BOX 974 MARLTON, NJ 08053 Attorney for: PLAINTIFF Telephone: 856-596-8900 Supreme Court ID No. 59264 Real Estate Sale #55 On November 27, 2007 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 2811 Spring Road, Carlisle, more fully described on Exhibit "A" 1 An filed with this writ and by this reference `S incorporated herein. Date: November 27, 2007 By: J c,t???f Real Estate Sergeant 11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ? Confessed Judgment MorEquity, Inc. ® Other File No. 06-7076 vs. Amount Due $110,333.17 Interest Lr*M M0210 ?at -14-e me die r0a 1 Harry G. Minnick, Jr. Atty's Comm 171o J Costs TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant (s) 2811 Spring Road Carlisle, PA 17013 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of Qumbe r 1 and County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) 2811 Spring Road Carlisle, PA 17013 and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). © (Indicate) Index this writ against the garnishee (s) as a li a ns Xaga?'t 1 tate f defendant(s) described in the attached exhibit. Date December 1, 2008 Signature: Print Name: Christine A. Pinto, Esquire Address: 7001 Lincoln Drive, PO Box 974 Marlton, NJ 08053 Attorney for: Plaintiff, MorEquity, Inc. Telephone: (856) 810-5815 Supreme Court ID No: 20 5 622 V1 _l 0 w w? LA v 4, © ) O O x I r« r; r .?l t• f r-.a C= C:) M C") Ln w :,,1F ?P i ..C CV, PARKER MCCAY, PA By: Christine A. Pinto, Esquire Identification No. 205622 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 810-5815 MOREQUITY, INC. 600 N. Royal Avenue Evansville, IN 47715 COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff V. HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 No. 06-7076 Defendants ACT 91 CERTIFICATION I, Christine A. Pinto, Equire, hereby certify that an Act 91 Notice was provided to Harry G. Minnick, Jr., the Defendants by letter dated August 10, 2006 via regular and certified mail, return receipt requested. ISTINE A. PINTO, ESQUIRE Attorney for Plaintiff, MorEquity, Inc. Sworn to and subscribed to before me this 1sT day of December, 2008 NOTARY PUBLIC NOTARYALICE BORES PUBLIC OF NEW JERSEY MY COMMISSION EXPIR S$Ay5, 2W9 2 FTI f rri MM y i c-W r W PARKER MCCAY, PA By: Christine A. Pinto, Esquire Identification No. 205622 Three Greentree Centre. 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 810-5815 MOREQUITY, INC. 600 N. Royal Avenue Evansville, IN 47715 Plaintiff V. HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 06-7076 AFFIDAVIT OF LAST KNOWN ADDRESS BEFORE ME, the undersigned authority, personally appeared CHRISTINE A. PINTO, ESQUIRE, who, being duly sworn according to law, deposes and says that to the best of his knowledge, information and belief that the last kn address of Defendant, Harry G. Minnick, Jr. is 2811 Spring Road, Carlisle, PA 17013. CHRISTINE A. PINTO, ESQUIRE Attorney for Plaintiff, MorEquity Sworn to and subscribed to before me this 1sT day of December, 2008 aet-? hl">? NOTARY PUBLIC ALICE M. BORES NOTARY PUBLIC OF NEW JERSEY ID# 2314464 My COMMrOM EXPIRES MAY 5, 2009 . ryl r% ? ? s (1 ?t ?? M PARKER MCCAY, PA By: Christine A. Pinto, Esquire Identification No. 205622 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 810-5815 MOREQUITY, INC. COURT OF COMMON PLEAS 600 N. Royal Avenue Evansville, IN 47715 CUMBERLAND COUNTY Plaintiff No. 06-7076 V. HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 MorEquity, Inc., Plaintiff in the above-captioned action, comes by its attorney and sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property known as 2811 Spring Road, Carlisle, PA 17013 (see property description attached). 1) Name and address of Owners or Reputed Owners: Name Address (if address cannot be reasonably ascertained, please so indicate) h 4) Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) MorEquity, Inc. (a) 600 N. Royal Ave. Evansville, IN 47715 (b) Members I" Federal Credit Union (b) 5000 Louise Drive PO Box 40 Mechanicsburg, PA 19055 5) Name and address of every other person who has any record lien on the property: 6) Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: ONLY THOSE LISTED ABOVE Name (a) Harry G. Minnick, Jr. (a) 2811 Spring Road Carlisle, PA 17013 2) Name and address of Defendant(s) in the judgment: Address (if address cannot be reasonably ascertained, please so indicate) (a) Harry G. Minnick, Jr. (a) 2811 Spring Road Carlisle, PA 17013 3) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: (a) John M. Detweiler (a) 721 W. First Street Birdsboro, PA 19508 on 7) Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) North Middleton Township (b) Carlisle Area School District (c) WESTMORELAND County Domestic Relations (d) Commonwealth of Pennsylvania Department of Welfare (e) Cumberland County Tax Claim Bureau (a) Robin Sollenberger, Tax Collector 5 Hill Drive Carlisle, PA 17013 (b) Robin Sollenberger, Tax Collector 5 Hill Drive Carlisle, PA 17013 (c) 13 North Hanover Street Carlisle, PA 17013 (d) 333 Health and Welfare Building Harrisburg, PA 17105 (e) Old Courthouse 1 Courthouse Square Carlisle, PA 17013 I verify that I am the attorney for the Plaintiff, MorEquity, Inc., in this action; that I am authorized to take this Verification on their behalf; and that the statements made in this Verification are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subj ct to the penalties of 18 Pa. C.S. Section 4909 relating to unsworn falsification to authCCISTINE A. 4PIINNTO, ESQUIRE Attorney for Plaintiff, MorEquity, Inc. Sworn to and subscribed to before me this 1sT day of December, 2008 1?? )?t- dt? NOTARY PUBLI ALICE M. SORES NOTARY PUB 2 OF NE JERSEY ID# MY COMMWON EXPIRES MAY 5, 2009 ?.s C t1 t /. ry w C-Q PARKER MCCAY, PA By: Christine A. Pinto, Esquire Identification No. 205622 Three Greentree Centre. 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 810-5815 MOREQUITY, INC. COURT OF COMMON PLEAS 600 N. Royal Avenue Evansville, IN 47715 CUMBERLAND COUNTY Plaintiff : No. 06-7076 V. : HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 Defendants NOTICE OF SALE TO LIENHOLDERS OWNERS: Harry G. Minnick, Jr. PROPERTY: 2811 Spring Road, Carlisle, PA 17013 IMPROVEMENTS: Residential Single Family Dwelling TAX PARCEL NO.: 29-14-0867-033 Please be advised that the undersigned office represents Morequity, Inc. in a mortgage foreclosure. The above-captioned property is scheduled to be sold by the Sheriff of Cumberland County on June 10, 2009 at 10:00 a.m., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. Our records indicate that you may hold a mortgage or judgment lien on the property which, will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later that thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. CHRISTINE A. PINTO, ESQUIRE Alaorney for Plaintiff, MorEquity Date: December 1, 2008 z; -o n Cl) i ? . ' '? F ? T "Q PARKER MCCAY, PA By: Christine A. Pinto, Esquire Identification No. 205622 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 810-5815 MOREQUITY, INC. COURT OF COMMON PLEAS 600 N. Royal Avenue Evansville, IN 47715 CUMBERLAND COUNTY Plaintiff No. 06-7076 V. HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 Your real estate located at 2811 Spring Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs sale on June 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the presently outstanding court judgment of $110,333.17, plus interest and costs, obtained by MorEquity, Inc. against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1) This sale will be canceled if you pay the judgment to CHRISTINE A. PINTO, Esquire, Three Greentree Centre, 7001 Lincoln Drive, PO Box 974. Marlton, NJ 08053. To find out how much you must pay, you may call (856) 810-5815. 2) You may be able to stop the sale by filing a petition asking the court to strike or open the judgment, if the judgment was improperly entered. You may also ask the court to postpone the sale for good cause. 3) You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1) If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriffs Office Real Estate Division at 1(888) 697-0371 x 6390 or CHRISTINE A. PINTO, Esquire, at (856) 810-5815. 2) You may be able to petition the court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3) The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Sheriffs Office Real Estate Division at 1(888) 697-0371 x 6390 or CHRISTINE A. PINTO, Esquire, at (856) 810-5815. 4) If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5) You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6) You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on the 30th day after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days of the preparation of the schedule of distribution. 7) You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 .,r_. I PARKER MCCAY, PA By: Christine A. Pinto, Esquire Identification No. 59264 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 810-5815 MOREQUITY, INC. COURT OF COMMON PLEAS 600 N. Royal Avenue Evansville, IN 47715 CUMBERLAND COUNTY Plaintiff No. 06-7076 V. HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: All Parties In Interest And Claimants OWNER(S): Harry G. Minnick, Jr. PROPERTY: 2811 Spring Road Carlisle, PA 17013 IMPROVEMENTS: Residential Single Family Dwelling The above referenced property is scheduled to be sold on June 10, 2009 at 10:00 a.m., in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013. Our records indicate that you may hold a mortgage or judgment on the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. I A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. 'Iw,k?L-0?r R)SifRISTINE A. PINTO, ESQUIRE Attorney for Plaintiff, MorEquity, Inc. Date: December 1, 2008 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 06-7076 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MOREQUITY, INC., Plaintiff (s) From HARRY G. MINNICK, JR. (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 $110,333.17 L.L. Interest from 8/09/07 (at the per diem rate of $17.86) Atty's Comm % Due Prothy $2.00 Atty Paid $224.63 Other Costs Plaintiff Paid Date: 12/15/08 2 1 Curtis R. L rotho tary (Seal) By: Deputy REQUESTING PARTY: Name: CHRISTINE A. PINTO, ESQUIRE Address: 7001 LINCOLN DRIVE PO BOX 974 MARLTON, NJ 08053 Attorney for: PLAINTIFF Telephone: 856-810-5815 Supreme Court ID No. 205622 PARKER cCAY, PA By: Christine A. Pinto, Esquire Identificatio No. 205622 Three Green ree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 8053 Attorney for Plaintiff (856) 810-58 15 MOREQUI Y, INC. COURT OF COMMON PLEAS 600 N. Roy Avenue Evansville, f 14 47715 CUMBERLAND COUNTY Plaintiff No. 06-7076 V. HARRY G. INNICK, JR. 2811 Spring Road Carlisle, PA 17013 Defendants TISFY TO THE PROTHONOTARY OF CUMBERLAND COUNTY: withdraw Plaintiffs Complaint in Mortgage Foreclosure and mark same satisfied and dismissed, without prejudice. PARKE McCAY P.A. Dated: May 19 ,2009 By: Christine A. Pinto, Esquire Attorney for Plaintiff _a TH7 2009 Y 22 F#'6 2': 1 -. •-,• 4 I ? f `1 I or i In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2006-7076 Civil Term MOREQUITY, Inc. Vs Harry G. Minnick, Jr. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on February 2, 2009 at 2104 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Harry G. Minnick, Jr., personally and as Adult in Charge, at, 2811 Spring Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 0755 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Harry G. Minnick, Jr., located at, 2811 Spring Road, Carlisle, Cumberland County Pennsylvania, according to law. 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: Harry G. Minnick, Jr., by regular mail to his last known address of 2811 Spring Road, Carlisle, PA 17013. This letter was mailed under the date of April 1, 2009 and never returned to the Sheriffs Office Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. Sheriffs Costs: Docketing $30.00 Poundage 15.07 , Advertising 15.00 Posting Handbills 15.00 Prothonotary 2.00 ^~' 71 rya " ' ; ; Mileage 9.00 Levy 15.00 z Surcharge 20.00 LL' Law Journal 355.00 j ?;? Patriot News 276.92 Share of Bills 15.43 $ 768.42 ? ?L So Answers R. Thomas Kline, Sheriff By i Real C#2 0' ZI-f 13 L43 w ' PARKER MCCAY, PA By: Christine A. Pinto, Esquire Identification No. 205622 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 810-5815 MOREQUITY, INC. 600 N. Royal Avenue Evansville, IN 47715 Plaintiff V. HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 06-7076 Defendants AFFIDAVIT PURSUANT TO RULE 3129.1 MorEquity, Inc., Plaintiff in the above-captioned action, comes by its attorney and sets forth, as of the date the Praecipe for Writ of Execution was filed, the following information concerning the real property known as 2811 Spring Road, Carlisle, PA 17013 (see property description attached). 1) Name and address of Owners or Reputed Owners: Name Address (if address cannot be reasonably ascertained, please so indicate) i (a) Harry G. Minnick, Jr. (a) 2811 Spring Road Carlisle, PA 17013 2) Name and address of Defendant(s) in the judgment: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) Harry G. Minnick, Jr. (a) 2811 Spring Road Carlisle, PA 17013 3) Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: (a) John M. Detweiler (a) 721 W. First Street Birdsboro, PA 19508 4) Name and address of the last recorded holder of every mortgage of record: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) MorEquity, Inc. (a) 600 N. Royal Ave. Evansville, IN 47715 (b) Members ls` Federal Credit Union (b) 5000 Louise Drive PO Box 40 Mechanicsburg, PA 19055 5) Name and address of every other person who has any record lien on the property: 6) Name and address of every other person who has any record interest in or record lien on the property and whose interest may be affected by the sale: ONLY THOSE LISTED ABOVE i • 5 7) Name and address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address (if address cannot be reasonably ascertained, please so indicate) (a) North Middleton Township (b) Carlisle Area School District (c) WESTMORELAND County Domestic Relations (d) Commonwealth of Pennsylvania Department of Welfare (e) Cumberland County Tax Claim Bureau (a) Robin Sollenberger, Tax Collector 5 Hill Drive Carlisle, PA 17013 (b) Robin Sollenberger, Tax Collector 5 Hill Drive Carlisle, PA 17013 (c) 13 North Hanover Street Carlisle, PA 17013 (d) 333 Health and Welfare Building Harrisburg, PA 17105 (e) Old Courthouse 1 Courthouse Square Carlisle, PA 17013 I verify that I am the attorney for the Plaintiff, MorEquity, Inc., in this action; that I am authorized to take this Verification on their behalf; and that the statements made in this Verification are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made sub' ct to the penalties of 18 Pa. C.S. Section 4909 relating to unswom falsification to autho ' C STINE A. PINTO, ESQUIRE Attorney for Plaintiff, MorEquity, Inc. Sworn to and subscribed to before me this 1sT day of December, 2008 NOTARY PUBLI ALICE M. BORES NOTARY PUBLIC OF NEW JERSEY ID#E2314464 MY COMMISSION EXPIRES MAY 8, 2009 4 PARKER MCCAY, PA By: Christine A. Pinto, Esquire Identification No. 205622 Three Greentree Centre 7001 Lincoln Drive West, PO Box 974 Marlton, NJ 08053 Attorney for Plaintiff (856) 810-5815 MOREQUITY, INC. COURT OF COMMON PLEAS 600 N. Royal Avenue Evansville, IN 47715 CUMBERLAND COUNTY Plaintiff No. 06-7076 V. : HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: HARRY G. MINNICK, JR. 2811 Spring Road Carlisle, PA 17013 Your real estate located at 2811 Spring Road, Carlisle, PA 17013 is scheduled to be sold at Sheriffs sale on June 10, 2009 at 10:00 a.m. in the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 to enforce the presently outstanding court judgment of $110,333.17, plus interest and costs, obtained by MorEquity, Inc. against you. J +, 5 NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 1) This sale will be canceled if you pay the judgment to CHRISTINE A. PINTO, Esquire, Three Greentree Centre, 7001 Lincoln Drive, PO Box 974. Marlton, NJ 08053. To find out how much you must pay, you may call (856) 810-5815. 2) You may be able to stop the sale by filing a petition asking the court to strike or open the judgment, if the judgment was improperly entered. You may also ask the court to postpone the sale for good cause. 3) You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1) If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling the Sheriffs Office Real Estate Division at 1(888) 697-0371 x 6390 or CHRISTINE A. PINTO, Esquire, at (856) 810-5815. 2) You may be able to petition the court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3) The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call the Sheriffs Office Real Estate Division at 1(888) 697-0371 x 6390 or CHRISTINE A. PINTO, Esquire, at (856) 810-5815. 4) If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. s• 5) You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6) You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff on the 30th day after the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days of the preparation of the schedule of distribution. 7) You may also have other rights and defenses, or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association Lawyer Referral Service 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 (800) 990-9108 Jan-16-2009 03:30m From-Parker klcCay - Foreclosure/Bankruptcy 856-596-3427 T-635 P.002/002 F-951 LEGAL, DESCRIPTION ALL THAT CERTAIN tract or Parcel of land situate, lying and being in the Township of North Middeton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point (iron pin) in the southern right of way line of Pennsylvania Highway Route No. 34, said point being 1679 feet measured eastwardly along said highway from the comer of lands now or formerly of John Mathias; thence continuing along the Southern right of way line of said highway, North 72 degrees East 100 feet to a point; thence by other lands now or formerly of the said Mary A. and Raymond E. Best, South 18 degrees East, 352 feet to a point; thence by the same South 72 degrees West, 273 feet to a point; thence by the same North 8 degrees East 392.2 feet (erroneously stated in the Deed of Mary A. Best and Raymond E. Best, her husband to Prank A. Bronawell and Florence A. Brownawell, his wife as being 92.2 feet); to the place of BEGINNING. Commonly known as 2811 Spring Road, Carlisle, PA 17013 BEING THE same premises conveyed to Harry G. Minnick, Jr., single person, by deed from Dwaine D. Lesher and Renee M. Lesher, h/w, dated November 19, 2003, recorded December 2, 2003 in Book 260, Page 3150 in the Cumberland County Office of the Recorder of Deeds. Parcel 029-14-0867-033 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 06-7076 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due MOREQUITY, INC., Plaintiff (s) From HARRY G. MINNICK, JR. (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 $110,333.17 L.L. Interest from 8/09/07 (at the per diem rate of $17.86) Atty's Comm % Due Prothy $2.00 Atty Paid $224.63 Other Costs Plaintiff Paid Date: 12/15/08 i 4 otho tary Curtis R. j (Seal) By: Deputy REQUESTING PARTY: Name: CHRISTINE A. PINTO, ESQUIRE Address: 7001 LINCOLN DRIVE PO BOX 974 MARLTON, NJ 08053 Attorney for: PLAINTIFF Telephone: 856-810-5815 Supreme Court ID No. 205622 Real Estate Sale # 14 On January 20, 2009 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as 2811 Spring Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: January 20, 2009 ar 0jaL&,Oq, ZQU)h6tb,/ I .g `d OZ Nyr 6QOl "' u U PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: May 1, May 8, and May 15, 2009 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. - "'-? a- av -- sa Marie Coyne, Ed' r SWORN TO AND SUBSCRIBED before me this day of M- y- I Notary. NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 FA" 20aM *"NO. 14 Writ No. 2006-7076 Civil Morequity, Inc. VS. Harry G. Minnick, Jr. Atty.: Christine A. Pinto LEGAL DESCRIPTION ALL THAT CERTAIN tract or Par- cel of land situate, lying and being the Township of North Middeton in the County of Cumberland and Cem- )monw of Pence, mere piwd dwly dewdbed as 1 : Bl£OII+II3I;NG at a point Orca par) M the southern rirt of way lime of Parma, bvnia H*vjW RuL to No. 34, said point being 1679 feet measured eastwardly along said highway from the corner of lands now or formerly of John Mathias; thence continuing along the Southern right of way line of said highway, North 72 degrees East 100 feet to a point; thence by other lands now or formerly of the said Mary A. and Raymond E. Best, South 18 degrees East, 352 feet to a point; thence by the same South 72 degrees West, 273 feet to a point; thence by the same North 8 degrees East 392.2 feet (erroneously stated in the Deed of Mary A. Best and Raymond E. Best, her husband to Frank A. Bronawell and Florence A. Brownawell, his wife as being 92.2 feet); to the place of BEGINNING. Commonly known as 2811 Spring Road, Carlisle, PA 17013. BEING THE same premises con- veyed to Harry G. Minnick, Jr., single person, by deed from Dwaine D. Lesher and Renee M. Lesher, h/w, dated November 19, 2003, recorded December 2, 2003 in Book 260, Page 3150 in the Cumberland County Of- fice of the Recorder of Deeds. Parcel #29-14-0867-033. AThe Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patn"ot.,wNews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the; City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/24/09 05101/09 05108/09 ?... ?....? .......... Sworn t an ubscribed before me this 12 day of May, 2009 A.D. Notary Public SYLVANIA COMMONWEALTH OF PENNSYLVANIA Notarial Seal D g}? L. Kisner, d+4otary Public City Of Harrisburg, Dauphin o 1 My Commission Expires Member, Pennsylvania Association of Notedw, Real Estate Sale No. 14 Nrlt No. 2000.7076 Civil Term MOREQUITY, Inc. VS Harry G. Minnick, Jr. Attorney Christine A. Pinto LEGAL DESCRIPTION ALL THAT CERTAIN tract or Parcel of land situate, lying and being in the Township of North Middleton in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: BEGINNING at a point (iron pin) in the southern right of way line of Pennsylvania Highway Route No. 34, said point being 1679 feet measured eastwardly along said highway from the comer of land now or formerly of John Mathias; thence continuing along the Southern right of way line of said highway, North 72 degrees East 100 feet to a point; thence by other lands now or formerly of the said Mary A. and Raymond E. Best, South 18 degrees East, 352 feet to a point; thence by the same South 72 degrees West, 273 feet to a point; thence by the same North 8 degrees East 392.2 feet (erroneously stated in the Deed of Mary A. Best and Raymond E. Best, her husband to Frank A. Bronawell and Florence A Brownawell, his wife as being 92.2 feet); to the place of BEGINNING. Commonly known as 2811 Spring Road, Carlisle, PA 17013 BEING THE same premises conveyed to Harry G. Minnick, Jr., single person, by deed from Dwaine D. Lesher and Renee M. Lesher, hlw, dated November 19, 2003, recorded December 2, 2003 in Book 260, Page 3150 in the Cumberland County Office of the Recorder of Deeds. Parcel # 29-14-0867-033