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HomeMy WebLinkAbout02-3629IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WASHINGTON MUTUAL BANK, FA, successor to NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, CHRISTOPHER A. HINDS and LORI A. HINDS, Defendants TO: DEFENDANT: YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. WELTMAN, WEINBERG & REIS CO., LP.A. ATTORNEYS FOR PLA-~TIFF I HEREBY CERTIFY THE ADDRESS OF pLAINTIFF IS: 231 East Avenue Albion, NY 14411 AND THE DEFENDANT ARE: 39 Larch Drive Shippensburg, PA 17257 WE LTMAN, WEINBE ,~ ~I~=~P.A- ATTORNEYS FOe(PLAINTIFF I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS: 39 Larch Drive Shippensburg, PA 17257 Twp of Southampton WELTMAN, WEINBERG & REIS CO., L.P.A.... ATTORNEYS FOR pLAII~"TfC-F ISSUE NO.: CODE: TYPE OF PLEADING: COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: PLAINTIFF COUNSEL OF RECORD FOR THIS PARTY: Kimberly J. Hong, ESQUIRE Pa. I.D. #74950 WELTMAN, WEINBERG & REIS CO., LP.A. Firm #339 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 (412) 434-7955 WWR#02332075 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WASHINGTON MUTUAL BANK, FA, successor to NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: CHRISTOPHER A. HINDS and LORI A. HINDS, Defendants NOTICE TO DEFEND 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 reJief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WASHINGTON MUTUAL BANK, FA, successor to NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: V. CHRISTOPHER A. HINDS and LORI A. HINDS, Defendants CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURF And now, comes Plaintiff, Washington Mutual Bank, FA, successor to North American Mortgage Company, by and through its attorneys, WELTMAN, WEINBERG & REIS CO., L.P.A., and files this Complaint in Mortgage Foreclosure, averring in support thereof the following: 1. The Plaintiff is Washington Mutual Bank, FA, successor to North American Modgage Company, a lending institution duly authorized to conduct business within the Commonwealth of Pennsylvania (hereinafter "Plaintiff'). 2. The Defendants are Christopher A. Hinds and Lori A. Hinds, adult individuals whose last known address is 39 Larch Drive, Shippensburg, PA 17257. 3. On or about April 10, 1997, the Defendants executed a Note in the odginal principal amount of $69,836.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about April 10, 1997, as security for payment of the aforesaid Note, the Defendants made, executed and delivered to Plaintiff, a Mortgage in the original principal amount of $69,836.00 on the premises hereinafter described, said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on April 14, 1997 in Mortgage Book Volume 1374, Page 886. A true and correct copy of said Mortgage containing a description of ~.,1 0 ' ' Multistate NOTE 318728-683 FHA Cas~ No. 441-5374171-703 APRIL 10, 1997 [Date] 39 LARCH DRIVE, SHIPPENSSURG, PA 17257 [Property Address] 1. PARTIES "Borrower" means each person signing at the end of this Note, and the person's successors and assigns. "Lender" means NORTH AMERICAN MORTGAGE COMPANY and its successors and assigns. 2. BORROWER'S PROMISE TO PAY; INTEREST In return for a loan received from Lender, Borrower promises to pay the principal sum of THOUSAND EIGHT HUNDRED THIRTY SIX AND 00/100 SIXTY NINE Dollars (U.S. $ 59,836.00 ), plus interest, to the order of Lender. Interest will be charged on unpaid principal, from the date of disbursement of the loan proceeds by Lender, at the rate of E I O H T ANn 50 / 100 percent ( 8.500 % ) per year until the full amount of principal has been paid. 3. PROMISETO PAY. SECURED Borrower's promise to pay is secured by a mortgage, deed of trust or similar security instrument that is dated the same date as this Note and called the "Security Instrument." The Security Instrument protects the Lender from losses which might result if Borrower defaults under this Note. 4. MANNEROF PAYMENT (A) Time Borrower shall make a payment of principal and interest to Lender on the first day of each month beginning on JUNE 01 , 1997 . Any principal and. interestremain, ing on the firstday of MAY 2027 , will bedueo0thatdate, whichiscalledthe Matur tyDate ' (B) Place Paymentshallbemadeat 3883 AIR'~AY DRIVE, SANTA ROSA, CA 95403 or at such place as Lender may designate in writing by notice to Borrower. (C) Amount Each monthly payment of principal and interest will be in the amount of U.S. $ 53 §. s 8 This amount will be part of a larger monthly payment required by the Security Instrument, that shall be applied to principal, interest and other items in the order described in the Security Instrument. (D) Allonge to this Note for payment adjustments If an allonge providing for payment adjustments is executed by Borrower together with this Note, the covenants of the allonge shall be incorporated into and shall amend and supplement the covenants of this Note as if the allonge were a part of this Note. [Check applicable box] [] Graduated Payment Allonge [] Growing Equity Allonge [-~ Other [specify] 5. BORROWER'S RIGHT TO PREPAY Borrower has the right to pay the debt evidenced by this Note, in whole or in part, without charge or penalty, on the first day of any month. Lender shall accept prepayment on other days provided that borrower pays interest on the amount prepaid for the remainder of the month to the extent required by Lender and permitted by regulations of the Secretary. If FHA Multistate Fixmi Rate Note - 10/95 VMP MORTGAGE FORMS - (800)521~7291 Borrower makes a partial prepayment, there will be no changes in the due date or in the amount of the monthly payment ~;nless Lender agrees in writing to those changes. 6. BORROWER'S FAILURE TO PAY (A) Late Charge for Overdue Payments If Lender has not received the full monthly payment required by the Security Instrument, as described in Paragraph 4(C) of this Note, by the end of fifteen calendar days after the payment is due, Lender may collect a late charge in the amount of FOUR percent ( 4.0 %) of the overdue amount of each payment. (B) Default If Borrower defaults by failing to pay in full any monthly payment, then Lender may, except as limited by regulations of the Secretary in the case of payment defaults, require immediate payment in full of the principal balance remaining due and all accrued interest. Lender may choose not to exercise this option without waiving its rights in the event of any subsequent default. In many circumstances regulations issued by the Secretary will limit Lender's rights to require immediate payment in full in the case of payment defaults. This Note does not authorize acceleration when not permitted by HUD regulations. As used in this Note, "Secretary" means the Secretary of Housing and Urban Development or his or her designee. (C) Payment of Costs and Expenses If Lender has required immediate payment in full, as described above, Lender may require Borrower to pay costs and expenses including reasonable and customary attorneys' fees for enforcing this Note to the extent not prohibited by applicable law. Such fees and costs shall bear interest from the date of disbursement at the same rate as the principal of this Note. 7. WAIVERS Borrower and any other person who has obligations under this Note waive the fights of presentment and notice of dishonor. "Presentment" means the right to require Lender to demand payment of amounts due. "Notice of dishonor" means the right to require Lender to give notice to other persons that amounts due have not been paid. 8. GIVING OF NOTICES Unless applicable law requires a different method, any notice that must be given to Borrower under this Note will be given by delivering it or by mailing it by first class mail to Borrower at the property address above or at a different address if Borrower has given Lender a notice of Borrower's different address. Any notice that must be given to Lender under this Note will be given by first class mail to Lender at the address stated in Paragraph 4(B) or at a different address if Borrower is given a notice of that different address. 9. 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. Lender may enforce its rights under this Note against each person individually or against all signatories together. Any one person signing this Note may be required to pay all of the amounts owed under this Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Note. ~ ~'~'..~ ~. (~eal) CHR I STOPHER ~ H I NOS -Borro~.~oe I~ A H I NOS' (Seal) -Borrower (Seal) -Borrower (Seal) -Borrower (Seal) (Seal) (Seal) (Seal) -Borrower -Borrower WHEN RECORDED MAIL TO: NORTH AMERtCAN MORTGAGE COMPANY P.O. BOX 808031 PETALUMA, CA 9497§-8031 Parcel Number: 39352385089 DOC MANAGEMENT AU 054 [Space Above This Line For Recording Data] Commonwealth of Pennsylvania M PAAIO MORTGAGE FHA Case No. 441-8374171-703 318728 -883 THISMORTGAGE("SecurityInstrument")isgivenon APRIL lOTH, 1997 The Mortgagor is CHR I STOPHER A H I NDS AND, LOR I A H I NDS ("Borrower"). This Security Instrument is given to NORTH AMER I CAN MORTGAGE COMPANY which is organized and existing under the laws of DELAWARE and whose address is 3883 AIRWAY DRIVE, SANTA ROSA, CA 95493 ("Lender"). Borrower owes Lender the principal sum of SIXTY NINE THOUSAND EIGHT HUNDRED THIRTY SIX AND D0/180 Dollars (U.S. $ 89 ,~36..00 )- This debt is evidenced by Borrower's note dated the same date as this Security Instrument ( Note ), which provides for monthly payments, with the full debt, if not paid earlier, due and payable on MAY 01, 2027 . This Security Instrument secures to Lender: (a) the repayment of the debt evidenced by the Note, with interest, and all renewals, extensions and modifications of the Note; (b) the payment of all other sums. with interest, advanced under paragraph 7 to protect the security of this Security Instrument; and (c) the performance of Borrower's covenants and agreements under this Security FHA Pennsylvania Mortgage - 4/96 4~-4R(PA) VMR MORTGAGE FORMS - (800)521-72 Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to the Lender the following described property located in CUMBERLAND County, Pennsylvania: THE LEGAL DESCRIPTION IS ATTACHED HERETO AS A SEPARATE EXHIBIT AND IS MADE A PART HEREOF. which has the address of ~39 LARCH DR I VE, SH I PPENSBURG Pennsylvania 17257 [Zip Code] ("Property Address"); [Street, City], TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security instrument. Al1 of the foregoing is referred to in this Security Instrument as the "Property." BORROWER COVENANTS that Borrower is lawfully seized 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. Borrower and Lender covenant and agree as follows: UNIFORM COVENANTS. 1. Payment of Principal, Interest and Late Charge. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and late charges due under the Note. 2. Monthly Payment of Taxes, Insurance and Other Charges. Borrower shall include in each monthly payment, together with the principal and interest as set forth in the Note and any late charges, a sum for (a) taxes and special assessments levied or to be levied against the Property, (b) leasehold payments or ground rents on the Property, and (c) premiums for insurance required under paragraph 4. In any year in which the Lender must pay a mortgage insurance premium to the Secretary of Housing and Urban Development ("Secretary"), or in any year in which such premium would have been required if Lender still held the Security Instrument, each monthly payment shall also include either: (i) a sum for the annual mortgage insurance premium to be paid by Lender to the Secretary, or (ii) a monthly charge instead of a mortgage insurance premium if this Security Instrument is held by the Secretary, in a reasonable amount to be determined by the Secretary. Except for the monthly charge by the Secretary, these items are called "Escrow Items' and the sums paid to Lender are called 'Escrow Funds." Lender may, at any time, collect and hold amounts for Escrow Items in an aggregate amount not to exceed the maximum amount that may be required for Borrower's escrow account under the Real Estate Settlement Procedures Act of 1974, 12 U.S.C. Section 2601 et seq. and implementing regulations, 24 CFR Part 3500, as they may be amended from time to time ("RESPA"), except that the cushion or reserve permitted by RESPA for unanticipated disbursements or disbursements before the Borrower's payments are available in the account may not be based on amounts due for the mortgage insurance premium. 800K!374m[ 887 If the amounts held by Lender for Escrow Items exceed the amounts permitted to be held by RESPA, Lender shall account to Borrower for the excess funds as required by RESPA. If the amounts of funds held by Lender at any time are not sufficient to pay the Escrow Items when due, Lender may notify the Borrower and require Borrower to make up the shortage as permitted by RESPA. The Escrow Funds are pledged as additional security for all sums secured by this Security Instrument. If Borrower tenders to Lender the full payment of all such sums, Borrower's account shall be credited with the balance remaining for all installment items (a), (b), and (c) and any mortgage insurance premium installment that Lender has not become obligated to pay to the Secretary, and Lender shall promptly refund any excess funds to Borrower. Immediately prior to a foreclosure sale of the Property or its acquisition by Lender, Borrower's account shall be credited with any balance remaining for all installments for items (a), (b), and (c). 3. Application of Payments. All payments under paragraphs 1 and 2 shall be applied by Lender as follows: First, to the mortgage insurance premium to be paid by Lender to the Secretary or to the monthly charge by the Secretary instead of the monthly mortgage insurance premium; Second, to any taxes, special assessments, leasehold payments or ground rents, and fire, flood and other hazard insurance premiums, as required; Third, to interest due under the Note; Fourth, to amortization of the principal of the Note; and Fifth, to late charges due under the Note. 4. Fire, Flood and Other Hazard Insurance. Borrower shall insure all improvements on the Property, whether now in existence or subsequently erected, against any hazards, casualties, and contingencies, including fire, for which Lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requires. Borrower shall also insure all improvements on the Property, whether now in existence or subsequently erected, against loss by floods to the extent required by the Secretary. All insurance shall be carried with companies approved by Lender. The insurance policies and any renewals shall be held by Lender and shall include loss payable clauses in favor of, and in a form acceptable to, Lender. In the event of loss, Borrower shall give Lender immediate notice by mail. Lender may make proof of loss if not made promptly by Borrower. Each insurance company concerned is hereby authorized and directed to make payment for such loss directly to Lender, instead of to Borrower and to Lender jointly. All or any part of the insurance proceeds may be applied by Lender, at its option, either (a) to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order in paragraph 3, and then to prepayment of principal, or (b) to the restoration or repair of the damaged Property. Any application of the proceeds to the principal shall not extend or postpone the due date of the monthly payments which are referred to in paragraph 2, or change the amount of such payments. Any excess insurance proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. In the event of foreclosure of this Security Instrument or other transfer of title to the Property that extinguishes the indebtedness, all right, title and interest of Borrower in and to insurance policies in force shall pass to the purchaser. $. Occupancy, Preservation, Maintenance and Protection of the Property; Borrower's Loan Application; Leaseholds. Borrower shall occupy, establish, and use the Property ss Borrower's principal residence within sixty days after the execution of this Security Instrument (or w, ithin sixty days of a later sale or transfer of the Property) and shall continue to occupy the Property as Borrower s principal residence for at least one year after the date of occupancy, unless Lender determines that requirement will cause undue hardship for Borrower, or unless extenuating circumstances exist which are beyond Borrower's control. Borrower shall notify Lender of any extenuating circumstances. Borrower shall not commit waste or destroy, damage or substantially change the Property or allow the Property to deteriorate, reasonable wear and tear excepted. Lender may inspect the Property if the Property is vacant or abandoned or the loan is in default. Lender may take reasonable action to protect and preserve such vacant or abandoned Property. Borrower shall also be in default if Borrower, during the loan application process, gave materially false or inaccurate information or statements totgeo4~.0~Lender (or failed to provide Lender with any material information) in connection with~';'~ -3'- /' ]t.~?an .~..~.~ / a 0 1374 e cE 888 evidenced by the Note, including, but not limited to, representations concerning Borrower's occupancy o[ the Property as a principal residence. If this Security Instrument is on a leasehold, Borrower shall comply with the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and fee title shall not be merged unless Lender agrees to the merger in writing. 6. Condemnation. The proceeds of any award or claim for damages, direct or consequential, in connection with any condemnation or other taking of any part of the Property, or for conveyance in place of condemnation, are hereby assigned and shall be paid to Lender to the extent of the full amount of the indebtedness that remains unpaid under the Note and this Security Instrument. Lender shall apply such proceeds to the reduction of the indebtedness under the Note and this Security Instrument, first to any delinquent amounts applied in the order provided in paragraph 3, and then to prepayment of principal. Any application of the proceeds to the principal shall not extend or postpone the due date o[ the monthly payments, which are re[erred to in paragraph 2, or change the amount of such payments. Any excess proceeds over an amount required to pay all outstanding indebtedness under the Note and this Security Instrument shall be paid to the entity legally entitled thereto. 7. Charges to Borrower and Protection of Lender's Rights in the Property. Borrower shall pay all governmental or municipal charges, fines and impositions that are not included in paragraph 2. Borrower shall pay these obligations on time directly to the entity which is owed the payment. If failure to pay would adversely affect Lender's interest in the Property, upon Lender's request Borrower shall promptly furnish to Lender receipts evidencing these payments. If Borrower fails to make these payments or the payments required by paragraph 2, or fails to perform any other covenants and agreements contained in this Security Instrument, or there is a legal proceeding that may significantly affect Lender's rights in the Property (such as a proceeding in bankruptcy, for condemnation or to enforce laws Qr regulations), then Lender may do and pay whatever is necessary to protect the value of the Property and Lender's rights in the Property, including payment of taxes, hazard insurance and other items mentioned in paragraph 2. Any amounts disbursed by Lender under this paragraph shall become an additional debt of Borrower and be secured by this Security Instrument. These amounts shall bear interest from the date of disbursement, at the Note rate, and at the option of Lender, shall be immediately due and payable. 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; (b) contests in good faith the lien by, or defends against enforcement of the lien in, legal proceedings which in the Lender's opinion operate to prevent the enforcement of the lien; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. I[ Lender determines that any part o[ the Property is subject to a llen which may attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set forth above within 10 days o[ the giving of notice. 8. Fees. Lender may collect fees and charges authorized by the Secretary. 9. Grounds for Acceleration of Debt. (a) Default. Lender may, except as limited by regulations issued by the Secretary, in the case of payment defaults, require immediate payment in full o[ all sums secured by this Security Instrument if: (i) Borrower defaults by failing to pay in full any monthly payment required by this Security Instrument prior to or on the due date of the next monthly payment, or (ii) Borrower defaults by failing, for a period of thirty days, to perform any other obligations contained in this Security Instrument. (b) Sale Without Credit Approval. Lender shall, if permitted by applicable law (including Section 341(d) of the Garn- St. Germain Depository Institutlons Act of 1982, 12 U.S.C, 1701j-3(d)) and with the prior approval of the Secretary, require immediate payment in full of all sums secured by this Security Instrument if: ~-4R(PA) 00K1374 PAG (i) All or part of the Property, or a beneficial interest in a trust owning all or part of the Property, is sold or otherwise transferred (other than by devise or descent), and (ii) The Property is not occupied by the purchaser or grantee as his or her principal residence, or the purchaser or grantee does so occupy the Property but his or her credit has not been approved in accordance with the requirements of the Secretary. (c) No Waiver. If circumstances occur that would permit Lender to require immediate payment in full, but Lender does not require such payments, Lender does not waive its rights with respect to subsequent events. (d) Regulations of HUD Secretary. In many circumstances regulations issued by the Secretary will limit Lender's rights, in the case of payment defaults, to require immediate payment in full and foreclose if not paid. This Security Instrument does not authorize acceleration or foreclosure if not permitted by regulations of the Secretary. (e) Mortgage Not Insured. Borrower agrees that if this Sesurlty Instrument and the Note are not determined to be eligible for insurance under the National Housing Act within 60 days from the date hereof, Lender may, at its option, require immediate payment in full of all sums secured by this Security Instrument. A written statement of any authorized agent of the Secretary dated subsequent to 60 days from the date hereof, declining to insure this Security Instrument and the Note, shall be deemed conclusive proof of such ineligibility. Notwithstanding the foregoing, this option may not b~ exercised by Lender when the unavailability of insurance is solely due to Lender's failure to remit a mortgage insurance premium to the Secretary. 10. Reinstatement. Borrower has a right to be reinstated if Lender has required immediate payment in full because of Borrower's failure to pay an amount due under the Note or this Security Instrument. This right applies even after foreclosure proceedings are instituted. To reinstate the Security Instrument, Borrower shall tender in a lump sum all amounts required to bring Borrower's account current including, to the extent they are obligations of Borrower under this Security Instrument, foreclosure costs and reasonable and customary attorneys' fees and expenses properly a~ociated with the foreclosure proceeding. Upon reinstatement by Borrower, this Security Instrument and the obligations that it secures shall remain in effect as if Lender had not required immediate payment in full. However, Lender is not required to permit reinstatement if: (i) Lender has accepted reinstatement after the commencement of foreclosure proceedings within two years immediately preceding the commencement of a current foreclosure proceeding, (ii) reinstatement will preclude foreclosure on different grounds in the future, or (iii) reinstatement will adversely affect the priority of the llen created by this Security Instrument. 1 !. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time of payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to any successor in interest of Borrower shall not operate to release the liability of the original Borrower or Borrower's successor in interest. Lender shall not be required to commence proceedings against any successor in interest or refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or Borrower's successors in interest. Any forbearance by Lender in exercising any right or remedy shall no~ be a waiver of or preclude the exercise of any right or remedy. 12. Successors and Assigns Bound; Joint and Several Liability; Co-Signers. The covenants and agreements of this Security Instrument shall bind and benefit the successors and assigns of Lender and Borrower, subject to the provisions of paragraph 9(b). Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not execute the Note: (a) is co-signing this Security instrument only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower may agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Notices. Any notice to Borrower provided for in this Security Instrument shall be given by delivering it or by mailing it by first class mail unless applicable law requires use of another method. The notice shall be directed to the Property Address or any other address Borrower designates by notice to Lender. ~- 4R(PA) (geo4xo 1 ,oo 1374 £ 890 Any notice to Lender shall be given by first class mail to Lender's address stated herein or any address Lender designates by notice to Borrower. Any notice provided for in this Security Instrument shall be deemed to have .been given to Borrower or Lender when given as provided in this paragraph. 14. Governing Law; Severability. This Security Instrument shall be governed by Federal law and the law of the jurisdiction in which the Property is located. In the event that any provision or clause of this Security Instrument or the Note conflicts with applicable law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. To this end the provisions of this Security Instrument and the Note are declared to be severable. 15. Borrower's Copy. Borrower shall be given one conformed copy of the Note and of this Security Instrument. 16. Hazardous Substances. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances on or in the Property, Borrower shall not do, nor allow anyone else to do, anything affecting the Property that is in violation of any Environmental Law. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property. Borrower shall promptly give Lender written notice of any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge. If Borrower learns, or is notified by any governmental or regulatory authority, that any removal or other remediation of any Hazardous Substances affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. As 6sed in this paragraph 16, "Hazardous Substances" are those substances defined as toxic or hazardous substances by EnvDonmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials. As used in this paragraph 16, "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 17. Assignment of Rents. Borrower unconditionally assigns and transfers to Lender all the rents and revenues of the Property. Borrower authorizes Lender or Lender's agents to collect the rents and revenues and hereby directs each tenant of the Property to pay the rents to Lender or Lender's agents. However, prior to Lender's notice to Borrower of Borrower's breach of any covenant or agreement in the Security Instrument, Borrower shall collect and receive ail rents and revenues of the Property as trustee for the benefit of Lender and Borrower. This assignment of rents constitutes an absolute assignment and not an assignment for additional security only. If Lender gives notice of breach to Borrower: (a) all rents received by Borrower shall be held by Borrower as trustee for benefit of Lender only, to be applied to the sums secured by the Security Instrument; (b) Lender shall be entitled to collect and receive all ot the rents of the Property; and (c) each tenant of the Property shall pay all rents due and unpaid to Lender or Lender's agent on Lender's written demand to the tenant. Borrower has not executed any prior assignment of the rents and has not and will not perform any act that would prevent Lender from exercising its rights under this paragraph 17. Lender shall not be required to enter upon, take control of or maintain the Property before or after giving notice of breach to Borrower. However, Lender or a judicially appointed receiver may do so at any time there is a breach. Any application of rents shall not cure or waive any default or invalidate any other right or remedy of Lender. This assignment of rents of the Property shall terminate when the debt secured by the Security Instrument is paid in full. ~I~-4R(PA) bi2PA 18. Foreclosure Procedure. If Lender requires immediate payment in full under paragraph 9, Lender may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this paragraph 18, including, but not limited to, attorneys' fees and costs of title evidence. If the Lender's interest in this Security Instrument is held by the Secretary and the Secretary requires immediate payment in full under Paragraph 9, the Secretary may invoke the nonjudicial power of sale provided in the Single Family Mortgage Foreclosure Act of 1994 ("ACC') (12 U.S.C. 3751 et seq. } by requesting a foreclosure commissioner designated under the Act to commence foreclosure and to sell the Property as provided in the Act. Nothing in the preceding sentence shall deprive the Secretary of any rights otherwise available to a Lender under this Paragraph 18 or applicable law. 19. 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 this Security Instrument without charge to Borrower. Borrower shall pay any recordation costs. 20. 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. 21. Reinstate.merit Period. Borrower's time to reinstate provided in paragraph 10 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 22. 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. 23. 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. 24. Riders to this Security Instrument. If one or more riders are executed by Borrower and recorded together with this Security Instrument, the covenants of each such rider shall be incorporated into and shall amend and supplement the covenants and agreements of this Security Instrument as if the rider(s) were a part of this Security Instrument. [Check applicable box(es)]. [_~_l~ Condominium Rider [~ Growing Equity Rider Planned Unit Development Rider ~l Graduated Payment Rit~ ~ Other [specifyl ~-4R(PA) (9eo4~o 1 892 BY SIGNING BELOW, Borrower accepts and agrees to the terms contained in this Security Instrument and in any rider(s) executed by Borrojver and recorded with (Seal) / CHRISTOPHER A HINOS -Borrower ~,(.k~ (Seal) ,~oa~r ~ ~-,a~ ' ~ -' -Bo.owe~ (Seal) (Seal) (Seal) (Seal) (Seal) (Seal) -Borrower -Borrower Certificate of Residexlce t L j.~a£~ tfz)l~ncD~rd .~, , do hereby certify that the correct address of the within-named Lender is ,~c~_~ ~F, vt~Ck¥ ~ C) V~ Wime~myhandthis /OffD dayof ~ pr; I , (qe ? ' Agent of Lender COMMONWEALTH OF PENNSYLVANIA, ~ On this; the I~~''1'' day of ~ ~ ~"~*t '7 personally appeared CHRISTOPHER A BINDS, LORI A HINDS ~o,/'~ ~, County ss: , before me, the undersigned officer, known to me (or satisfactorily prov~)'robe the person~, whose namef~ ~o.~. subscribed to the within instrum, acknowledg~thiit.f.~' .: .:.. ~ executed the same for the purposes herein contained .:. ~,.~;~"~* ~,r'r;~' ¢.~,' . IN'WITNESS WHEREOF, [ hereunto set my hand and official seal. My Commission Expires: ~0~1374m~ 893 EXHIBIT "A" ALL Ihal for o£ [and, logelhcr with improvcmenls thereo~t cr9clecl, situat'¢ in Southamplon Township, Cumberland County, Pennsylvaxda~ mor~ partic'.darly' bnunded and described in accordance with the ~rch Drive.~'~nd Develo~mefit plaff 'rcco(dcd in the Office o~ ~hc Cumberland County Recorder of Deeds in P~a.n ~ook 68, Page ltS;'as LOt 15, as follows: LOT 1~[: BEGINNING at a pin set at the common corner of. Lots 15, 16 and the northeastern edge of a 50 foot right-of-way known as Larch Drive (m the aforementioned Subdivision I:'lan; thence along thc oorthcastern cdge of Larch Drive, tile following IWO courses and dishmccs: (1) North ,19 degrees 05 milmtcs 22 seconds West, 34.54 feet; (2) Nodh l0 degrees 58 mii~utcs 51 seconds. East, 1..66 feet to a pin set at the corner of lands now or formerly of Alice M. and Donald R. Stouffci'; thence along the eastern edgc'of said landsl North t0 dcgrec5 58 minutes 51 sccxmds East, 202.64 fect to a pin s~t on thc southern edge.of land's now or formerly of Paul ,)33cmcri thertc~e along the southern edge o[ said lands, South 79 d~:grces 00 minutes 54 seconds /East, 5[}.93 feet lo a pin set at the corner of Lot- 16 of said Pl~.n; thence along the western edge of Lot i6, the foIlowing two courses and distances: (1)South 10 degrees 08 mlnutes 15 seconds West, 1.77.47 feet to a pin; (2) South 39 degrees 09 mluutes 12 seconds West, 50.{10 feet to a pin set on the northeastern edge of a 50 foot right-of-way known ~is I~arch Drive, the point and place of BEGINNING. /, :;urnbortand) ,' . ",~ ,, r '' .''. * ~,~ off ce for the record ng of De~ · . · - [ )1~1~.~~ Paoe~ ,* /~,' ~'~ · '. ' ~: ;:'. Recorder ~ J- ¢'' ' FAIR DEBT COLLECTION PRACTICES ACT 30 DAY NOTICE By law, this law firm is required to advise you that unless within 30 days after receipt of this notice you dispute the validity of this debt or any portion thereof, the debt will be assumed to be valid by us. If said notification is sent to us in writing, we are required to provide you with verification of the debt. In the event within a 30-day period you request in writing the name of the original creditor, it will be provided to you if different from the current creditor. In the event that you dispute the debt and/or request the name of the original creditor in writing within the 30-day period, no further action will be taken to obtain Judgment in the pending lawsuit until the verification and/or name of the original creditor has been provided to you. This law firm is attempting to collect this debt for our client and any information obtained will be used for that purpose. The above Notice is being given pursuant to the Fair Debt Collection Practices Act and is separate and distinct from the foregoing Complaint which must be responded to in conformity with the instructions therein. Because of the difference in time parameters, we will not move for Default Judgment for at least thirty (30) days from the date of service of this Complaint upon you, and if you request verification, we will not move for Default judgment until a reasonable time after verification has been provided, and after the expiration of the thirty (30) day period from the date of service. VERIFICATION The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities, she is an attorney for the Plaintiff herein; makes this Verification based upon the facts as supplied to her by the Plaintiff and/or its agents and because the Plaintiff is outside the jurisdiction of the court and the Plaintiff's Verification cannot be obtained within the time allowed for filing of this pleading, and that the facts set forth in the foregoing pleading are tree and correct to the best of her knowledge, information and belief. F/ Kimberly J. Hong, Esquire SHERIFF'S RETURN - REGULAR CASE NO: 2002-03629 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS HINDS CHRISTOPHER A ET AL STEVE WHISTLER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to says, the within COMPLAINT - MORT FORE was served upon HINDS CHRISTOPHER A the law, DEFENDANT , at 1814:00 HOURS, at 39 LARCH DRIVE SHIPPENSBURG, PA 17257 LORI HINDS, WIFE a true and attested copy of COMPL~iINT - on the 21st day of August , 2002 by handing to MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 13.80 Affidavit .00 Surcharge 10.00 .00 41.80 Sworn and Subscribed to before me this .~ day of  ~ ~3_~ A.D. ~rothonotary' ' ' So Answers: R. Thomas Kline 08/22/2002 WELTMAN WEINBERG REIS -- -- Deput~ St~iff SHERIFF'S RETURN CASE NO: 2002-03629 P COMMONWEALTH OF pENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS HINDS CHRISTOPHER A ET AL - REGULAR STEVE WHISTLER Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon HINDS LORI A the DEFENDANT , at 1814:00 HOURS, on the 21st day of August at 39 LARCH DRIVE 2002 SHIPPENSBURG, PA 17257 LORI HINDS by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 16.00 Sworn and Subscribed to before me this ~ day of ~~ ~&mJa~ A.D. ' P~othonotary So Answers: ? ~, R. Thomas Kline o8/22/2oo2 WELTMAN WEINBERG REIS Deputy She~riff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WASHINGTON MUTUAL BANK, FA, Successor to NORTH AMERICAN MORTGAGE COMPANY, Plaintiff vs. CHRISTOPHER A. HINDS and LORI A. HINDS, Defendants No. 02-3629 CIVIL TERM PRAECIPE FOR DEFAULT JUDGMENT (IN REM) I HEREBY CERTIFY THE ADDRESS OF PLAINTIFF IS: 11200 W. Parkland Avenue Milwaukee, WI 53224 AND THE DEFENDANT IS: 39 Larch Drive Shippensburg, PA 17257 BY: ATTORNEYS FOR PLAINTIFF Kimberly J. Hong, Esquire PA I.D. NO. 74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 WWR#02332075 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT O,F COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CiViL DIVISION WASHINGTON MUTUAL I:~ANK, FA, Successor to NORTH AMFRICAN MORTGAGE COMPANY, Plaintiff No. 02-3629 CIVIL TERM VS. CHRISTOPHER A. HINDS and LORI A. HINDS, Defendants PRAEClPE FOR DEFAULT JUDGMENT (IN REM) TO THE PROTHONOTARY: Kindly enter Judgment against the Defendants, Christopher A. Hinds and Lori A. Hinds, above named, in the default of an Answer, in the amount of $73,504.49 computed as follows: Principal interest thru 11/1/03 at the legal interest rate of $13.62 per diem Late Charges thru 11/1/03 Escrow thru 11/1/03 Suspense Balance thru 11/1/03 Corp. Advance thru 11/1/03 Pro Rata MIP thru 11/1/03 Recording fees thru 11/1/03 Execution Costs thru 11/1/03 Attorneys fees thru 11/1/03 Title Search $ 69,015.91 $ 2,012.95 $ 121.72 $ 206.31 $ (53.28) $ 820.5O $ 53.38 $ 27.00 $ 0.00 $ 1,250.00 $ 50.00 TOTAL $ 73,504,49 With continuing interest at the aforesaid rate plus appropriate additional attorney fees and costs. I hereby certify that appropriate Notices of Default, as attached have been mailed in accordance with PA R.C.P. 237.1 or~ the dates indicated on the Notices. WELTMAN, WEINBERG & REIS CO., L.P.A. ~ Kimberly J. Hong Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7~h Avenue Pittsburgh, PA 15219 (412) 434-7955 AFFIDAVIT OF NON-MILITARY SERVICE The undersigned does hereby verify subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities, that the parties against whom Judgment is to be entered according to the Praecipe attached are not members of the Armed Forces of the United States or any other military or non-military service covered by the Soldiers and Sailors Civil Relief Act of 1940, The undersigned further states that the information is true and correct to the best of the undersigned's knowledge and belief and upon information received from others. WELTMAN, WEINBERG & REIS CO., L.P.A. By: Kimbedy J. Hong Wettman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7® Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIViSiON WASHINGTON MUTUAL BANK, FA, successor to NORTH AMERICAN MORTGAGE COMPANY, Plaintiff VS. CHRISTOPHER A. HINDS and LORI A. HINDS, Civil Action No. 02-3629 CIVIL TERM Defendants. IMPORTANT NOTICE TO: Christopher A. Hinds 39 Larch Drive Shippensburg, PA 17257 Date of Notice: 9-11-02 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Ave Carlisle, PA 17013 800-990-9108 WELTMAN, ~CO., By: Kimbedy J. Hong Weltman, Weinberg & Reis co. L.P.A. 2718Koppers Building 436 7th Avenue Pittsburgh, PA 1,5219. (412) 434-7955 L.P.A. THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WASHINGTON MUTUAL BANK, FA, successor to NORTH AMERICAN MORTGAGE COMPANY, Plaintiff VS, CHRISTOPHER A. HINDS and LORI A. HINDS, Civil Action No. 02-3629 CIVIL TERM Defendants. IMPORTANT NOTICE TO: Lori A. Hinds 39 Larch Drive Shippensburg, PA 17257 Date of Notice: 9-11-02 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO TAKE ACTION REQUIRED OF YOU IN THIS CASE. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP: Cumberland County Bar Association 2 Liberty Ave Carlisle, PA 17013 800-990-9108 WELTMAN, WEINBERG & REIS CO., L.P.A. Weltman, Weinber9 & Reis co. L.P.A, 2718Koppers Building 436 7~h Avenue Pittsburgh, PA 15219, (412) 434-7955 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DWISION WASHINGTON MUTUAL BANK, FA, successor to NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, VS. CHRISTOPHER A. HINDS and LORI A. HINDS, Defendants. NO: 02-3629 CIVIL TERM TYPE OF PLEADING: PRAECIPE FOR WRIT OF EXECUTION Filed on Behalf of: PLAINTIFF Counsel or Record for this Party: Kimberly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR #02332075 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WASHINGTON MUTUAL BANK, FA, successor to NORTH AMERICAN MORTGAGE COMPANY, Plaintiff; VS. CHRISTOPHER A. HiNDS and LORI A. HiNDS, Defendants. TO THE PROTHONOTARY: NO: 02-3629 CIVIL TERM PRAECIPE FOR WRIT OF EXECUTION Kindly issue a Writ of Execution in the above matter, directed to the Sheriff of Cumberland County against Defendants, Christopher A. Hinds and Lori A. Hinds for the amount of: 'l. Judgment Amount Interest at the rate of $13.62 per diem from 11/1/03 to 3/03/04 2. Late Charges thru 3/03/04 $ 73,504.49 $ 1,675.26 $ 85.92 TOTAL $ 75,265.67 With continuing interest at the aforesaid rate plus appropriate additional attorney fees and costs. Date: Costs (to be added by Prothonotary) Kimbefly J. Hong Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 02-3629 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK, FA, SUCCESSOR TO NORTH AMERICAN MORTGAGE COMPANY, Plaintiff (s) From CHRISTOPHER A. HINDS AND LORI A. HINDS (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 $73,504.49 L.L. $.50 Interest AT THE RATE OF $13.62 PER DIEM FROM 11/1/03 TO 3/3/04 - $1,675.26 Atty's Corem % Atty Paid $134.80 $85.92 PlaintiffPaid Date: NOVEMBER 20, 2003 (Seal) REQUESTING PARTY: Name KIMBERLY J. HONG, ESQUIRE Address: 2718 KOPPERS BUILDING 436 SEVENTH AVENUE PITTSBURGH, PA 15219 Attorney for: PLAINTIFF Telephone: 412-434-7955 Supreme Court ID No. 74950 Due Prothy $1.00 Other Costs LATE CHARGES THRU 3/3/04 - CURTIS R. LONG Prothonota,ry Deputy IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION WASHINGTON MUTUAL BANK, FA, successor to NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, VS. CHRISTOPHER A. HINDS and LORI A. HINDS, Defendants. NO: 02-3629 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Washington Mutual Bank, et. al., Plaintiff in the above action, sets forth as of the date of the Praecipe for the Writ of Execution was filed the following information concerning the real property of Christopher A. Hinds and Lori A. Hinds, located at 39 Larch Drive, Shippensburg, PA 17257 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF CHRISTOPHER A. HINDS AND LORI A. HINDS OF, 1N AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF SOUTHAMPTON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 39 LARCH DRIVE, SHIPPENSBURG, PA 17257. DEED BOOK VOLUME 155, PAGE 850, PARCEL NUMBER 39-35- 2385-080. the real property to be sold: Washington Mutual Bank, FA, et. al. Tax Claim Bureau The name and address of the owners or reputed owners: Christopher A. Hinds and 39 Larch Drive Lori A. Hinds Shippensburg, PA 17257 The name and address of the Defendants in the judgment: Christopher A. Hinds and 39 Larch Drive Loft A. Hinds Shippensburg, PA 17257 The name and last known address of every judgment creditor whose judgment is a record lien on (Plaintiff) One Courthouse Square Carlisle, PA 17013 The name and address of the last record holder of every mortgage of record: Washington Mutual Bank, FA, et. al. (Plaintiff) Citifinancial, Inc. 949 Wayne Avenue Chamhersburg, PA 17201 The name and address of every other person who has any record lien on the property: NONE The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: NONE The name and address of every other person whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: Inheritance Tax Bureau Domestic Relations One Courthouse Square Carlisle, PA 17013 13 North Hanover Street Carlisle, PA 17013 The information provided in the foregoing Affidavit is provided solely to comply with the Pennsylvania Rules of Civil Procedure 3129.1 and it is not intended to be a comprehensive abstract of the condition of the title of the real estate which is being sold under this execution. No person or entity is entitled to rely on any statements made herein in regard to the condition of the title of the property or to rely on any statement herein in fom~ulating bids which might be made at the sale of the property. I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Kimberly J. Hong, Esquire Attorneys for Plainti fl' Sworn to and subscribed before me this/~tT~/da), of//~i~/~ ,~003. Notary P~c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WASHINGTON MUTUAL BANK, FA, successor to NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 02-3629 CIVIL TERM VS. CHRISTOPHER A. HINDS and LORI A. HINDS, Defendants. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Christopher A. Hinds and 39 Larch Drive Shippensburg, PA 17257 Lori A. Hinds 39 Larch Drive Shippensburg, PA 17257 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the 2nd Floor Cumberland CountyCourthouse Commissioners HearingRoom Carlisle, PA on March 3, 2004 at 10:00 A.M., the following described real estate, ofwh/ch Christopher A. Hinds and Lori A. Hinds are the owners or reputed owners: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF CHRISTOPHER A. HINDS AND LORI A. HINDS OF, IN AND TO: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED 1N THE TOWNSHIP OF SOUTHAMPTON, COUNTY OF CUMBERLAND, COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING KNOWN AND NUMBERED AS 39 LARCH DRIVE, SHIFPENSBURG, PA 17257. DEED BOOK VOLUME 155, PAGE 850, PARCEL NUMBER 39-35- 2385-080. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of Washington Mutual Bank, FA, et. al., Plaintiff, VS. Christopher A. Hinds and Lori A. Hinds, Defendants. at Execution Number 02-3629 Civil Term in the amount of $ 75,265.67, with appropriate continuing interest, attorneys fees, and costs as set forth in the Praecipe for Writ of Execution. Claims against the property must be filed with the Sheriff before the above sale date. Claims to proceeds must be made with the Office of the Sheriffbefore distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from sale date. Exceptions to Distribution or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. The Writ of Execution has been issued because there is a judgment against you. It may cause your property to be held or taken to pay the judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS NOTICE AND THE WRIT OF EXECUTION TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL ADVICE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 You may have legal rights to prevent the Sheriff's Sale and the loss of your property. In order to exercise those rights, prompt action on your part is necessary. You may have the right to prevent or delay the Sheriff's Sale by filing, before the sale occurs, a petition to open or strike the judgrnent or a petition to stay the execution. If the judgment was entered because you did not file with the Court any defense or objection within twenty (20) days after service of the Complaint for Mortgage Foreclosure and Notice to Defend, you may have the right to have the judgment opened if you promptly file a petition with the court alleging a valid defense and a reasonable excuse for failing to file the defense on time. If the judgment is opened, the Sheriffs Sale would ordinarily be delayed pending a trial of the issue of whether the Plaintiff has a valid claim to foreclose the mortgage or judgment. You may also have the right to have the judgment stricken if the Sheriff has not made a valid return of service of the Complaint and Notice to Defend or if the judgment was entered before twenty (20) days after service or in certain other events. To exercise this right you would have to file a petition to strike the judgment. You may also have the right to petition the Court to stay or delay the execution and the Sheriff's Sale if you can show a defect in the Writ of Execution of service or demonstrate any other legal or equitable right. YOU MAY ALSO HAVE THE RIGHT TO HAVE THE SHERIFF'S SALE SET AS1DE IF THE PROPERTY IS SOLD FOR A GROSSLY INADEQUATE PRICE OR, IF THERE ARE DEFECTS IN THE SHERIFF'S SALE. TO EXERCISE THIS RIGHT, YOU SHOULD FILE A PETITION WITH THE COURT AFTER THE SALE AND BEFORE THE SHERIFF HAS DELIVERED HIS DEED TO THE PROPERTY. THE SHERIFF WILL DELIVER THE DEED IF NO PETITION TO SET ASIDE THE SALE IS FILED WITHIN TEN (10) DAYS FROM THE DATE WHEN THE SCHEDULE OF DISTRiBUTION IS FILED IN THE OFFICE OF THE SHERIFF. WELTMAN, WEINBERG & REIS, CO., L.P.A. // Kimbefly J. Hong, Esquire Attomeys for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Permsylvania 15219 THIS LAW FIRM IS ATTEMPTING TO COLLECT THIS DEBT FOR ITS CLIENT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WASHINGTON MUTUAL BANK, FA, successor to NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 02-3629 CIVIL TERM VS. CH2RISTOPHER A. HINDS and LORI A. HINDS, Defendants. LONG FORM DESCRIPTION ALL THAT lot of land, together with improvements thereon erected, situate in Southampton Township, Cumberland County, Pennsylvania, more particulary bounded and described in accordance with the Larch Drive Land Development Plan recorded in the Office of Cumberland County Recorder of Deeds in Plan Book 68, Page 115 as Lot 15, as follows: BEGINNING at a pin set at the common corner of Lots 15, 16 and the northeastern edge of a 50 foot right-of-way known as Larch Ddve on the aforementioned Subdivision Plan; thence along the northeastern edge of Larch Drive, the following two courses and distances: (1) North 49 degrees 05 minutes 22 seconds West, 34.54 feet; (2) North 10 degrees 58 minutes 51 seconds East, 1.66 feet to a pin set at the corner of lands now or formedy of Alice M. and Donald R. Stouffer; thence along the eastern edge of said lands, North 10 degrees 58 minutes 51 seconds East, 202.64 feet to a pin set on the southern edge of lands now or formedy of Paul Bremer, thence along the southern edge of said lands, South 79 degrees 00 minutes 54 seconds East, 50.93 feet to a pin set at the corner of Lot 16 of said Plan; thence along the westem edge of Lot 16, the following two courses and distances: (1) South 10 degrees 08 minutes 15 seconds West, 177.47 feet to a pin; (2) South 39 degrees 09 minutes 12 seconds West, 50 feet to a pin set on the northeastern edge of a 50 foot right-of-way known as Larch Drive, the point and place of BEGINNING. BEING the same premises wkich Philip R. Garland and Tadb'a Garland Construction, by Deed dated April 10, 1997 and recorded in Cumberland County on April 14, 1997 at Deed Book Volume 155, Page 850, granted and conveyed to Christopher A. Hinds and Loft A. Hinds. WELTMAN, WEINBERG & REIS, CO., L.P.A. Parcel No: 39-35-2385-080 Kimberly J. Hong, Esquire Attorney for Plaintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DWISION WASHINGTON MUTUAL BANK, FA, successor to NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, VS. CHRISTOPHER A. HINDS and LORI A. HINDS, Defendants. NO: 02-3629 CIVIL TERM AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kimberly J. Hong, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 39 Larch Drive, Shippensburg, PA 17257 are Defendants, Christopher A. Hinds and Loft A. Hinds, who reside at 39 Larch Drive, Shippensburg, PA 17257, to the best of her information, knowledge and belief. Sworn to and subscribed before me this/~/~ay of //]~~,, 2003. ANGELA M. SCHOFIELD, NOTARY PUBL!C~ CITY OF PITTSBURGH, ALLEGHENY COUNTY MY C0MMISSl0N EXPIRES MARCH 8. 2063 KIMBERLY J. HONG, ESQUIRE Weltman, Weinberg & Reis, Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION WASHINGTON MUTUAL BANK, FA, successor to NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 02-3629 CIVIL TERM VS. CHRISTOPHER A. H1NDS and LORI A. H1NDS, Defendants. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P.S. 101, ET. SEQ. AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Kimberly J. Hong, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that Plaintiff was not required to send Defendant written notice of Plaintiff's Intention to Foreclose Mortgage pursuant to 41 P.S. §403 (Act 6 of 1974) prior to the commencement of this action for the reason that said Mortgage is not a "residential mortgage" as defined in to 41 P.S. §101. Also, Plaintiff was not required to send Defendant written notice pursuant to 35 P.S. §1680.403c (Homeowner's Emergency Mortgage Assistance Act of 1983-Act 91 of 1983) prior to the commencement of this action for the reason that the Mortgage is insured by the Federal Housing Administration under Title 11 of the National Housing Act. The foregoing statement is true and correct to the best of my knowledge, information and belief. Sworn to and subscribed before me, this ,/,_~t/~day of//r~~_~, ,2003. NOTARIAL SEAL ANGELA M SCHOFIELD, NOTARy PUBLIC1 CI~Y OF PITTSBURGH, ALLEGHENY COUNTYi; MY COMMISSION EXPIRES MARCH KIMBERLY J. HONG, ESQUIRE Weltman, Weinberg & Reis, Co., L.P.A. 2718 Koppers Building, 436 7th Avenue Pittsburgh, PA 15219 (412) 434-7955 lB/THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DWISION WASHINGTON MUTUAL BANK, FA, successor to NORTH AMERICAN MORTGAGE COMPANY, VS. Plaintiff, CHRISTOPHER A. HINDS and LORI A. HINDS, Defendants. NO: 02-3629 CIVIL TERM TYPE OF PLEADING: LIENHOLDER AFFIDAVIT OF SERVICE Filed on Behalf of: PLAINTIFF Counsel or Record for this Party: Kimberly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR #02332075 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DWISION WASHINGTON MUTUAL BANK, FA, successor to NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 02-3629 CIVIL TERM VS. CHRISTOPHER A. HINDS and LORI A. HINDS, Defendants. LIENHOLDER AFFIDAVIT OF SERVICE BEFORE ME, the undersigned authority, personally appeared Kimberly J. Hong, Esquire, who according to law deposes and says that a copy of the Notice of Sheriff's Sale has been served on each of the following Lienholders by Certificate of Mail on December 11, 2003. Tree and correct copies of said certificates of mail are attached hereto as Exhibit "A". Sworn to and subscribed before me This Not~ PU~c NOTARIAL SEAL ANGELA M. SCHOFIEI.D. NOTAR7 PU8LIC CI~ OF PITTSB~GH, ALLEGIIEN~ COUNW ~ COMMISSION ~PiRES MARCH 8, 2006 WELTMAN, WEINBERG & REIS, CO., L.P.A. Kimberly J. Hong, Esquire Attorneys for ?laintiff 2718 Koppers Building 436 Seventh Avenue Pittsburgh, Pennsylvania 15219 POSTAL SERVICE CERTIFICATE OF MAILING "'~fTtWan, Welnber9 & Reis Co., L.RA. 2718 Koppers Bldg. 435 7~' Avert~te piib,burqh~ PA 15219 (Ztl 2) 434-7955 PS Form 3817, January 2001 u.s. POSTAL SERVICE ,CERTIFICATE OF MAILING "'-~'~P~ttman, Welnberg & Reis Co,, LEA. 2,718 ~ Bldg. 435 7~ (412) 4347955 PS Form 3817, January 2001 PS Form 3817, January 2001 I (HIBIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA C1VIL DIVISION WASHINGTON MUTUAL BANK, FA, successor to NORTH AMERICAN MORTGAGE COMPANY, VS. Plaimiff, CHRISTOPHER A. HINDS and LORI A. HINDS, Defendants. NO: 02-3629 CIVIL TERM TYPE OF PLEADING: DEFENDANT AFFIDAVIT OF SERVICE Filed on Behalf off PLAINTIFF Counsel or Record for this Party: Kimberly J. Hong PA I.D. #74950 Weltman, Weinberg & Reis Co., L.P.A. 2718 Koppers Building 436 7th Avenue Pittsburgh, PA 15219 WWR #02332075 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CWIL DIVISION WASHINGTON MUTUAL BANK, FA, successor to NORTH AMERICAN MORTGAGE COMPANY, Plaintiff, NO: 02-3629 CIVIL TERM VS. CHRISTOPHER A. HINDS and LORI A. HINDS, Defendants. AFFIDAVIT OF SERVICE BEFORE ME, the undersigned authority, personally appeared Kimberly J. Hong, Esquire, who according to law deposes and says that a copy of the Notice of ;Sheriff's Sale has been served on the Defendants. 1. On or about November 20, 2003, Plaintiff mailed Defendants a copy of the Notice of Sheriff's Sale by certified mailed, return receipt requested. On or about November 24, 2003, the certified mailing receipts were signed and returned indicating service on the Defendants. True and correct copies of the signed certified mail receipts are marked Exhibit 'A', attached hereto and made a part hereof. I verify that these statements made are true and correct to the best of my knowledge and belief. Kimberly J. Hong, Esquire Attorneys for l?laintiff Sworn to and subscribed before me This _~day of ~,~ ,~ ,~03. Notary P~(fic ' / ' 2718 Koppers Building 436 Seventh Avenue Pittsburgh, PA 15219 Ltl (Endorsement Required) Total Postage & Fees ru · Complete items 1, 2, and 3. Also complete Agent item 4 if Restricted Delivery is desired. [] Addressee · print your name and addrsss on the reveme so that we can return the card to you. )y ( Pdnted Name) · Attach this card to the back of the,mailpiece, or on the front if space permits, s different flom Item 1 ? [] Yes 1. ArUcle Addressed to: If YES, enter deiive~J add~ess below: [] NO ~ed Mai[ [~ ~ Mail 2. Ar~icteNumber 7002 3150 0000 8722 t611 P$~b~ 9811 ~ Aug,',st 2001 ~omestic Return Receipt ~0~S~"~0~-M-~O EXHIBIT NOT Agent · Comolete items 1,2, ai3d 3. Also ~.omplete nt our name and addres ,. r · pr[ y . tatum the c~rd to you. ~ : so that we can ~- ~L '~-~k of the · Attach this ca~ to ~ne u~_~.~,o ! - ~tffom ~tem 17 r9 yes or on the front if space p=-,,~. D. ts dellve~ a~dress . r9 No tf yES, enter de[Ive~ address below. Washington Mutual Bank, FA, successor To North American Mortgage Company VS Christopher A. Hinds and Lori A. Hinds In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2002-3629 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per instructions fi.om Attorney Kimberly Hong. Sheriff's Costs: Docketing 30.00 Poundage 60.00 Advertising 15.00 Posting Bills 15.00 Levy 15.00 Mileage 27.60 Surcharge 30.00 Postpone Sale 20.00 Law Journal 325.85 Patriot News 270.97 Share of Bills 29.32 Law Library .50 Prothonotary 1.00 $840.24 paid by attorney 05/06/04 Sworn and subscribed to before me This ?~ day of Prothonotary So Answers: Real Eslfite Deputy Real Estate Sale # 41 On November 25, 2003 the sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 39 Larch Drive, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: November 25, 2003 Real EstfflJe Deputy THE PATRIOT NEWS THESUNDAY PATRIOT NEWS Proof of Publication UnderAct No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Michael Morrow, being duly sworn according to law, deposes and says: That he is the 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 20th and 27th day(s) of January and the 3rd day(s} of February 2004. 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. ~~_i~y o~.~,la~ PUBLICATION ...................................................................... : .................... CO P Y Sworn to and subscr 2004 A.D. C~O~Hamsbu~g, Oauphi County NOTARY PUBLIC My Corette, ss on EXi3res June 6,2006 . iVemba.,p~,~x~nO~No~J~,t~rnrn ssion expires June 6, 2006 CUMBERLAND COUNTY SHERIFFS OFFICE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA. 17013 Statement of Advertising Costs To THE PATRIOT-NEWS CO., Dr. For publishing the notice or publication attached hereto on the above stated dates Total $ 270.97 Publisher's Receipt for Advertising Cost The Patriot News Co., publisher of The Patriot-News and The Sunday Patriot-News, newspapers of general circulation, hereby acknowledge receipt of the aforesaid notice and publication costs and certifies that the same have been duly paid. PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : : COUNTY OF CUMBERLAND : SS. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: JANUARY 16, 23, 30, 2004 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL E~TATE 8ALE NO. 41 Writ No. 2002 3629 Civil Wastrtngton Mutual Bank, FA, successor to North American Mortgage Company VS. Christopher A. Hinds and Lori A, Hinds Atty.: Vdmberly Hong LONG FORM DESCRIPTION ALL THAT lot of land, together with improvements thereon erected. situate in Southampton Township, Cumberland County. Pennsylvania, more partlculary bounded and de scribed in accordance with the Larch Drive Land Development Plan recorded in the Office of Cumber- land County Recorder of Deeds in Plan Book 68, Page 115 as Lot 15, as follows: BEGINNING at a pin set at the common corner of Lots 15, 16 and the northeastern edge of a 50 foot right of way known as Larch Drive mlthe ~[oreraer!t_!o_ned ..S_ubdivlslon ~f~sa Marie Coyn~, Editor SWORN TO AND SUBSCRIBED before me this 30 _day of JANUARY 2004 LOIS E. SNYDER, Notary pVolic Carlisle Bom, Cumberland County My Commission Expires March 5, 2005 more particulary bounded ann scribed in accordance with the Larch Drive Land Development Plan recorded in the Office of Cumber land County Recorder of Deeds in plan Book 68, Page 115 as Lot 15, as follows: BEGINNING at a pin set at the common corner of Lots 15, 16 and the northeastern edge of a 50 foot right of way known ss Larch Drive on the aforementioned Subdivision Plan; thence along the northeastern edge of Larch Drive, the following two courses and distaxmes: {ll North 49 degrees 05 minutes 22 seconds West, 34.54 feet; {2) North 10 de- grees 58 minutes 51 seconds East, 1.66 feet to a pin set at the corner of lands now or formerly of Alice M. and Donald R. Stouffer; thence along the eastern edge of said lands, North 10 degrees 58 minutes 51 seconds East. 202.64 feet to a pin set on the southern edge of lands now or formerly of Paul Bremer; thence along the southern edge of said lands, South 79 degrees 00 min- utes 54 seconds East. 50.93 feet to a pin set at the corner of Lot of said plan; thence along the west- ern edge of Lot 16, the following two courses and distances: {11 South 10 degrees 08 rrdnutes 15 seconds West, 177.47 feet to a pin; [21 South 39 degrees 09 minutes 12 seconds West, 50 feet to a pin set on the northeastern edge of a 50 foot right- of-way known as Larch Drive, the point arid place of BEGINNING. BEING the same premises which philip R. Garland and Tadba Gar- land Construction, by Deed dated April 10, 1997 and recorded in Cum- berland County on April 14, 1997 at Deed Hook Volume 155, Page 850, granted and conveyed to Chris- topher A. Hinds and Ix)ri A~ Hinds. Parcel No.: 39-35-2385 080. My Commission Expires l~,rch 5, 20~5 j