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HomeMy WebLinkAbout07-1340UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Sovereign Bank :COURT OF COMMON PLEAS 601 Penn Street :CIVIL DIVISION Reading, PA 19601 Plaintiff :Cumberland County V. Barbara A. Sheely 10 West Locust Street : NO. O7 Mechanicsburg, PA 17055 Defendant (s) COMPLAINT IN MORTGAGE FORECLOSURE 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. LAWYERS REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se dafiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO 0 SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA 0 LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICE The amount of your debt is as stated in the attached document. The name of the creditor to whom the debt is owed is as named in the attached document. Unless you notify us within 30 days after receipt of this Notice and the attached document that the validity of the stated debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify us in writing of a dispute within the 30 day period, we will obtain verification of the debt or a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not an admission of liability on your part. Also, upon your written request within the 30 day period, we will provide you with the name and address of the original creditor if different from the current creditor. If you notify us in writing within the 30 day period as stated above, we will cease collection of your debt, or any disputed portion of it, until we obtain the information that is required and mail it to you. Once we have mailed to you the required information, we will then continue the collection of your debt. This law firm is deemed to be a debt collector and this Notice and the attached document is an attempt to collect a debt, and any information obtained will be used for that purpose. UDREN LAW OFFICES, P.C. /s/ Mark J. Udren, Esquire Woodcrest Corporate Center 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (856) 669-5400 1. Plaintiff is the Corporation designated as such in the caption on a preceding page. If Plaintiff is an assignee then it is such by virtue of the following recorded assignments: Assignor: Mortgage Electronic Registration Systems, Inc. Assignments of Record to: Sovereign Bank Recording Date: LODGED FOR RECORDING 2. Defendant (s) is the individual designated as such on the caption on a preceding page, whose last known aaaress is as seu forth in the caption, and unless designated otherwise, is the real owner(s) and mortgagor(s) of the premises being foreclosed. 3. On or about the date appearing on the Mortgage hereinafter described, at the instance and request of Defendant (s) , Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned to the Defendant(s) the sum appearing on said Mortgage, which mortgage was executed and delivered to Plaintiff as security for the indebtedness. Said Mortgage is incorporated herein by reference in accordance with Pa.R.C.P. 1019 (g). The information regarding the Mortgage being foreclosed is as follows: MORTGAGED PREMISES: 10 West Locust Street MUNICIPALITY/TOWNSHIP/BOROUGH: Borough of Mechanicsburg COUNTY: Cumberland DATE EXECUTED: 2/27/04 DATE RECORDED: 3/1/04 BOOK: 1855 PAGE: 2460 The legal description of the mortgaged premises is attached hereto and made part hereof. 4. Said mortgage is in default because the required payments have not been made as set forth below, and by its terms, upon breach and failure to cure said breach after notice, all sums secured by said Mortgage, together with other charges authorized by said Mortgage itemized below, shall be immediately due. 5. After demand, the Defendant(s) continues to fail or refuses to comply with the terms of the Mortgage as follows: (a) by failing or refusing to pay the installments of principal and interest when due in the amounts indicated below; (b) by failing or refusing to pay other charges, if any, indicated below. 6. The following amounts are due on the said Mortgage as of 3/8/07: Principal of debt due $67,418.41 Unpaid Interest at 5.25% from 8/1/06 to 3/8/07 (the per diem interest accruing on this debt is $9.60 and that sum should be added each day after 3/8/07) 2,123.55 Title Report 325.00 Court Costs (anticipated, excluding Sheriff's Sale costs) 280.00 Escrow Overdraft/(Balance) (The monthly escrow on this account is $190.46 and that sum should be added on the first of each month after 3/8/07) 709.99 Late Charges (monthlyy late charge of $19.30 should be added in accordance with the terms of the note each month after 3/8/07) 135.03 NSF Fee 30.00 Inspection Fee 28.75 Attorneys Fees (anticipated and actual to 50 of principal) 3,220.92 TOTAL $74,271.65 7. The attorney's fee set forth above are in conformity with the mortgage documents and Pennsylvania law, and will be collected in the event of a third party purchaser at Sheriff's Sale. If the mortgage is reinstated prior to the sale, reasonable attorney's fees will be charged in accordance with the reduction provisions of Act 6, if applicable. 8. The combined notice specified by the Pennsylvania Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983 and Notice of Intention to Foreclose under Act 6 of 1974 has been sent to each defendant, via certified and regular mail, in accordance with the requirements of those acts, on the date appearing on the copy attached hereto as Exhibit "A", and made part hereof, and defendant(s) have failed to proceed within the time limits, or have been determined ineligible, or Plaintiff has not been notified in a timely manner of Defendant(s) eligibility. WHEREFORE, the Plaintiff demands judgment, in rem, against the Defendant(s) herein in the sum of $74,271.65 plus interest, costs and attorneys fees as more fully set forth in the Complaint, and for foreclosure and sale of the Mortgaged premises. L4 Lb??-- Mark J. Udren, ESQUIRE UDREN LAW OFFICES, P.C. Attorney for Plaintiff Attorney I.D. No. 04302 ALL THAT CERTAIN house and lot of ground situate an the Mectth de of west Locust Street, in the First ward of the Borough Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the northern curb line of Wiest Locust Street where it i$ intersected by the eastern line of a public alley; thence along$ ti00 northern curb line of said west Locust Street, North 71 degrees minutes 00 seconds East, seventeen and fifty hundredths (17.50) feet, more or less, to a point on, said curb line where it is intersected by the center line of the partition wa11, extended, of the two and one-half (2 1/ )story double frame dwelling the hand s imm?ediately adjacent on the premises herein conveyed =d K. Raftield, his East, now or formerly of George a. Raffield and. Mary wife; thence along the center line of said partition wall and the line now or formerly of George B. Raffield and Mazy K. Raffield, his wife, in a northerly direction and at right angles to the northern curb line of west Locust Street. aforesaid, sixty-four and zero hundredths (64.00) feet, more or less, to the line of land now or formerly of John E. Cline; thence along the line of land now or formerly of John E. Cline, South 71 degrees 0,0 minutes 00 seconds west, seventeen and fifty hundredthc. (1"t_sn) feest, mon gr less, to the eastern line of the public alley, aforesaid, thence along the eastern line of the pu1A!4 alley, South 19 degrees oo minutes o0 seconds Bast, sixty-tour and zero hundredths (64.00) feet, more or less, to a point on the northern curb line of West Locust street, afuoasaid, the place of BBGIDIl Tygcj. HAVING ERECTED THEREM the western one-half of a two and one-half story double frame dwelliAg house, known and numbered as 1o West Locust Street, Mechanicsburg, pexuzsy2vania. UNDER AND SUBJECT, NEVERTMMESS, to all reservations, restrictions, conditions, covenants, easements and rights of way of prior record. ACT 91 NOTICE TAKE ACTION TO SAVE YOUR. HOME FROM FORECLOSURE Date of Notice: November 17, 2006 BARBARA A SHEELY 10 W LOCUST ST MECHANICSBURG PA 17055 Loan # 0356113156 This is an official notice that the morteaee on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached paces. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to 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 Counseline Agency. The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice If you have any auestions you may call the Pennsylvania H_ousine 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 questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it You may also want to contact an attorney in your area The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PLIES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. ST 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 HIPOT.ECA. HOMEOWNER'S NAME(S): BARBARA A SHEELY PROPERTY ADDRESS: 10 W LOCUST ST MECIIANIC.SBURG PA 17055 LOAN ACCT. NO.: 0356113156 CURRENT LENDER/SERVICER: Sovereign Bank EXHIBIT A 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 (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 YOUK MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agencies listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date :of this meeting. The names addresses and 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 immediatelv.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 infortnation 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 above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance.) I HOW TO CURE YOUR MORTGAGE DEFAULT Brim it un to date). NATURE OF THE DEFAULT --The MORTGAGE held by Sovereign Bank (hereinafter we, us, or ours) on your property located at 10 W LOCUST ST, MECHANICSBURG PA 17055, IS SERIOUSLY IN DEFAULT because YOU HAVE NOT MADE THE MONTHLY PAYMENTS of $576.45 since 09/01/06 to the present. The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $1808.18. The total amount includes late charges and any other charges that have accrued to this date. If you disagree with the assertion that a default has occurred or the correctness of the calculated amount required to cure the default, contact: SOVEREIGN BANK OVERNIGHT DELIVERY: MORTGAGE COLLECTIONS DEPARTMENT PO BOX 8627 OR 601 PENN STREET READING PA 19603 READING, PA 19601 1-800-753-7366 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 $1808.18, 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 Sovereign Bank and sent to the above address. 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 rights 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 attorneys to start legal action to foreclose upon your mortgaged proper . 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 other reasonable costs. If you cure the default within the THIRTY (30) DAY period you will not be required to pay attorney's fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and Qrevent the gale at anX time 0 to one hour before the Sheriff's Sale You may do so by paving 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 specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriff's 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: SOVEREIGN BANK Address: PO BOX 8627, READING PA 19603 Phone Number: 1-800-753-7366 Fax Number: 1-800-881-9334 Contact Person: Constance M. Cocroft, Vice President EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff's 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 have the right to 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 114E 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. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY (SEE ENCLOSURE) You may contact our Mortgage Services Department via E-mail at: MORTSERV(c)SOVEREIGNBANK.COM This bank is a debt collector attempting to collect a debt and any information obtained from you will be used for that purpose. HOUSING AND URBAN DEVELOPMENT ("HUD") NOTIFICATION IMPORTANT NOTICE OF THE HOUSING AND COMMUNITY DEVELOPMENT ACT OF 1987 PLEASE READ THIS NOTICE. HOMEOWNERSHIP COUNSELING MAY BE AVAILABLE TO YOU DATE: November 17, 2006 TO: BARBARA A SHEELY RE: Account No. 0356113156 FROM: Sovereign Bank The Housing and Community Development Act of 1987 requires that Sovereign Bank notify eligible homeowners with delinquent home loans of the availability of homeownership counseling. Because your home loan is DELINQUENT; you may be eligible for homeownership counseling provided by certain non-profit organizations. PLEASE CALL THE HUD TOLL FREE NUMBER AT 1-800-569-4287 FOR MORE INFORMATION. If you have any questions about your home loan you may call or write to Sovereign Bank at: MORTGAGE COLLECTIONS DEPARTMENT SOVEREIGN BANK PO BOX 8627 READING PA 19603 1-800-753-7366 Constance M. Cocroft Vice President ? 41SJE ? 'g t, Q it Q c Ire ~ Ofi6L ZL90 2000 OL32 SOOL ? 1 v r ?? 0? U ? o V W co v ¢ y ? Q /? ? f Q - i N E Dof o? ado"'.:. ui Y U v ?a.ca W N IC w m V NcpcE tv T" m (C ? w N O 77 ? m :C ,U ?????? gvmlt m CC m m C z[L w? o s ? ffi -ZO M ir II^ E° o a ? ??? o _ 2? (U 23 M C] m ?3 N .( c Cl13? r ¢ - C L, ru r c O ¢ Ul) Q U Q ? D ?4 xr L? i O H a E r ? Cl C O W _m ) E Aq r- ?. U N O O l V E R I F I C A T I O N Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Mark J. Udren, ES IRE UDREN LAW OFFICES, P.C. ?? rv^^C v( 7 ? T -TI t ? i TS ` ro 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, Plaintiffs), vs. BARBARA A. SHEELY, Defendant(s). CIVIL DIVISION No. 07-1340 CIVIL TERM Type of Pleading: ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE Filed on behalf of BARBARA A. SHEELY, Defendant(s) Counsel of Record for this Party: Fred W. Freitag IV, Esquire Pa I..D. # 61770 1040 Fifth Avenue Pittsburgh, PA 15219 (412) 261-5030 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, Plaintiff(s), vs. BARBARA A. SHEELY, Defendant(s). CIVIL DIVISION No.07-1340 CIVIL TERM ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE AND NOW, comes the Defendant(s), BARBARA A. SHEELY, by and through his/her/their attorney, Fred W. Freitag IV, Esquire, and aver as follows: 1. Paragraph 1 is ADMITTED and DENIED in part. It is admitted that Plaintiff is the Corporation designated as such in the caption. The balance of paragraph 1 states legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response to Paragraph 1 is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 2. Paragraph 2 is ADMITTED in part and DENIED in part. It is ADMITTED Defendant's name and address are as listed. The balance of Paragraph 2 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response to Paragraph 2 is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 3. Paragraph 3 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response to Paragraph 3 is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 4. Paragraph 4 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. Paragraph S states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 6. Paragraph 6 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. 7. Paragraph 7 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. Paragraph 8 states a legal conclusion and personal opinions to which no response is/are necessary. To the extent that a response is required, said averments are specifically denied and strict proof to the contrary is demanded at trial. WHEREFORE, Defendant(s) requests this court to enter a judgment in their favor and or dismiss the Plaintiffs complaint. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, Plaintiff(s), vs. BARBARA A. SHEELY, Defendant(s). CIVIL DIVISION No. 07-1340 CIVIL TERM VERIFICATION I, Fred W. Freitag IV, Esquire, verify that I am attorney for the Defendant(s) BARBARA A. SHEELY and am authorized to make this verification on his/her/their behalf to expedite the litigation because he/she/they is/are out of town. The foregoing pleading is true and correct to the best of my knowledge and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsii B1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA SOVEREIGN BANK, Plaintiff(s), vs. BARBARA A. SHEELY, Defendant(s). CIVIL DIVISION No. 07-1340 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify under penalty of perjury that I am this April 5, 2007 serving a true and correct copy of the foregoing ANSWER TO CIVIL ACTION/MORTGAGE FORECLOSURE as follows: by hand delivery _X by first class mail, postage prepaid on the following: MARK J. UDREN, ESQUIRE UDREN LAW OFFICES, P.C. WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ, 08003 April 5, 2007 Date N C7 `mss CD ?... f7l Z PRAECIPE FOR LISTING CASE FOR ARGUMENT (Must be typewritten and submitted in duplicate) TO THE PROTHONOTARY OF CUMBERLAND COUNTY: Please list the within matter for the next Argument Court. CAPTION OF CASE (entire caption must be stated in full) `.sovereign Bank ITS. Barbara A. Sheely Plaintiff No. 07-1340 Civil Term Defendant 1. State matter to be argued (i.e. plaintiff's motion for new trial, defendant's demurrer to complaint, etc.): Plaintiffs Motion for Summary Judgment 2. Identify counsel who will argue case: (a) for plaintiff. Mark J. Udren, Esquire Address: Woodcrest Corporate Center, 111 Woodcrest Road, Suite 200 Cherry Hill, NJ 08003-3620 (b) for defendant: Fred W. Freitag, IV, Esquire Address: 1040 Fifth Avenue Pittsburgh, PA 15219 3. I will notify all parties in writing within two days that this case has been listed for argument. 1. Argument Court Date: July 11, 2007 Dated: June 8, 2007 UDREN LAW OFFICES, P.C. By: Mar J. Udren, Esquire Attorney for Plaintiff/Movant co UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Sovereign Bank COURT OF COMMON PLEAS € CIVIL DIVISION Plaintiff Cumberland County V. Barbara A. Sheely NO. 07-1340 Civil Term Defendant PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT Plaintiff, Sovereign Bank, by its Attorney, Mark J. Udren, Esquire, respectfully requests your Honorable Court to enter an Order granting Summary Judgment in the above-captioned matter for the following reasons: 1. There are no genuine issues as to any material fact, and therefore, Plaintiff (moving party) is entitled to Judgment as a matter of law. 2. Defendant Barbara A. Sheely filed an Answer to the Complaint in which Defendant effectively admitted all of the allegations in the Complaint. 3. At the time of this pleading, Defendant owned the premises being foreclosed without making a mortgage payment for an excessive period of time. 4. Defendant admits paragraphs 1 and 2 of the Complaint in part, thereby admitting, inter alia, that "Defendant's name and address are as listed." 5. Although Defendant purports to deny and/or fails to deny, in whole or in part, specifically or by necessary implication, the averments contained in paragraphs 1, 2, 3, 4, 5, 6, 7 and 8 of the Complaint, in reality, said denials are improper and should be deemed as admissions for the reasons set forth in the attached Memorandum of Law. 6. The Pennsylvania pre-foreclosure Act 6 Notice is not required as the Defendant's original principal balance on the Mortgage is greater than $50,000.00. 41 P.S. Section 101, et SeMc . See Exhibit "A" attached hereto (Mortgage). 7. Plaintiff complied with the Pennsylvania pre-foreclosure Notice requirements of Act 91 (35 P.S. Section 1680.401c, et SeMc .). 8. Plaintiff has an express contractual right pursuant to the terms of the Mortgage (paragraph 22) to charge the Defendant attorney's fees as a consequence of the initiation of the within action in mortgage foreclosure. 9. In addition to the amounts due and owing as set forth in the Complaint, additional sums have accumulated since the filing of the Complaint, pursuant to the terms of the Mortgage. The total amounts due and owing, which sums can be calculated from the face of the Complaint, are as follows: Principal of debt due and unpaid $67,418.41 Interest at 5.25% from 8/1/06 to 5/31/07 (the per diem interest accruing on this debt is $9.59 and that sum should be added each day after 5/31/07) 2,923.83 Title Report 325.00 Court Costs (anticipated, excluding Sheriffs Sale costs) 280.00 Escrow Overdraft/Balance (Taxes and Insurance) 1,031.92 Late Charges 135.03 NSF Fees 30.00 Property Inspection Fees 56.50 Attorney's Fees (anticipated and actual to 5% of principal) 3,220.92 TOTAL $75,421.61 WHEREFORE, Plaintiff respectfully requests that the Honorable Court grant its Motion for Summary Judgment, and that Judgment be entered, in rem, as prayed for in the Complaint in favor of the Plaintiff and against the Defendant, Barbara A. Sheely, in the amount of $75,421.61, together with ongoing per diem interest, escrow advances, and any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property. Respectfully submitted, UDREN LAW OFFICES, P.C. By:? Mark J. Udren, Esquire Attorney for Plaintiff/Movant UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Sovereign Bank COURT OF COMMON PLEAS € CIVIL DIVISION Plaintiff :Cumberland County V. Barbara A. Sheely € NO. 07-1340 Civil Term Defendant PLAINTIFF'S BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT I. STATEMENT OF FACTS Plaintiff filed the instant action in mortgage foreclosure against the Defendant for her failure to make mortgage payments pursuant to a Mortgage entered into between the parties. A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A". II. STATEMENT OF THE QUESTION INVOLVED Where there are no genuine issues as to any material fact, should Summary Judgment in Mortgage Foreclosure, as a matter of law, be granted in Plaintiffs favor where the Defendant herein is in default on her Mortgage for failure to make payments for an excessive period of time? III. ARGUMENT Pursuant to Pa.R.C.P. 103 et seMc ., "Motion for Summary Judgment", any party may move for Summary Judgment in whole or in part as a matter of law after the relevant pleadings are closed, but within such time as not to unreasonably delay the trial, whenever there is no genuine issue of any material fact as to a necessary element of the cause of action.... Pa.R.C.P. 1035.2. The relevant pleadings herein are closed and, therefore, Plaintiff moves for Summary Judgment. Pa.R.C.P. 1035.3 provides further with regard to Summary Judgment: (a) The adverse party may not rest upon the mere allegations or denials of the pleadings but must file a response within thirty days after service of the motion... (d) Summary Judgment may be entered against a party who does not respond. In the "Note" to Pa.R.C.P. "Rule 1035.2 Motion", it is stated that: Partial Summary Judgment, interlocutory in character, may be rendered on one or more issues of liability, defense or damages. Defendant essentially admits the material facts set forth in the Complaint, which include, inter alia, the existence of the loan evidenced by the Note and Mortgage executed by the Defendant; that after demand, Defendant failed, and continues to fail, to comply with the terms of the Mortgage, including payment thereof, for an excessive period of time; and that Defendant is in default on the Mortgage. Defendant's Mortgage account is due contractually for the period September 2006 to date, a period of ten (10) months to the time of filing of this Motion. Thus, Defendant is essentially living in the mortgaged premises for free. As a result of Defendant's nonperformance, the present action was filed, and, as of this date, Defendant has failed to bring the account current. RULE 1029. DENIALS. EFFECT OF FAILURE TO DENY. (a) A responsive pleading shall admit or deny each averment of fact in the preceding pleading or any part thereof to which it is responsive. A party denying only a part of an averment shall specify so much of it as is admitted and shall deny the remainder. Admissions and denials in a responsive pleading shall refer specifically to the paragraph in which the averment admitted or denied is set forth. (b) Averments in a pleading to which a responsive pleading is required are admitted when not denied specifically or by necessary implication. A general denial or a demand for proof, except as provided by sub-division (c)... of this rule, shall have the effect of an admission. (c) A statement by a party that after reasonable investigation the party is without knowledge or information sufficient to form a belief as to the truth of an averment shall have the effect of a denial. Note: Reliance on sub-division (c) does not excuse a failure to admit or deny a factual allegation when it is clear that the pleader must know whether a particular allegation is true or false. See Cercone v. Cercone, 254 Pa.Super. 381, 386 A.2d 1 (1978). (Subsections 1029(d) and 1029(e) have been omitted for purposes of the within Motion only). It is clear that the Answer to the Complaint is a misuse of the provisions of Pa.R.C.P. 1029. Misuse of Rule 1029 is an admission, and such an admission will support Summary Judgment. Pursuant to Pa.R.C.P. 1029(b), by failing to deny specifically or by necessary implication paragraphs 1, 2, 3, 4, 5, 6, 7 and 8 of the Complaint, Defendant has admitted these averments. First Wisconsin Trust Co. v. Strausser, 439 Pa.Super. 192, 653 A.2d 688 (1995); New York Guardian Mortgage Corp. v. Dietzel, 362 Pa.Super. 426, 524 A.2d 951 (1987). Defendant's Answer admits paragraphs 1 and 2 of the Complaint in part, thereby admitting, inter alia, that "Defendant's name and address are as listed." Defendant's denial of paragraphs 2 and 3 of the Complaint demonstrates the invalidity of Defendant's position in this lawsuit. Defendant denies that she is the real owner and mortgagor of the subject premises and the existence of the subject Mortgage. Defendant's denials are patently false as evidenced by the Deed for the subject premises and the subject Mortgage signed by the Defendant. A true and correct copy of the Deed conveying title to the premises to the Defendant, dated February 27, 2004, is attached hereto and marked as Exhibit "B". See Mortgage, attached hereto as Exhibit A. These documents conclusively establish that Defendant is the real owner and mortgagor of the premises and the existence of the Mortgage. Certainly, Defendant is well aware of these facts as well as the other facts set forth in the Complaint. Defendant's attempt to forestall Plaintiff's action by asserting general denials should be rejected by the Court. Defendant's denials in paragraphs 1, 2, 3, 4, 5, 6, 7 and 8 of the Answer are assertions of a "conclusion of law", which provides no defense thereto as the denials are to averments that offer factual situations of which the Defendant has knowledge, and therefore are admissions. First Wisconsin Trust Co. v. Strausser, 439 Pa.Super. 192, 653 A.2d 688 (1995). Plaintiff acted appropriately in its dealings with the Defendant and complied with the relevant laws, rules and regulations, as well as with the terms of the subject Mortgage and Note. Plaintiff accurately accounted for payments made by the Defendant; the amounts set forth in the Complaint, as updated in the instant Motion, are accurate and due and owing to the Plaintiff. Defendant's Mortgage account is in default and due and owing for the period September 2006 to date. See Plaintiffs Affidavit in Support of the Motion. Plaintiff should not have to continue to suffer damages because Defendant is unable to pay her monthly Mortgage payments. The sums due Plaintiff are easily calculable under the terms of the Mortgage, the contents of which are clearly within Defendant's knowledge and control, and Defendant has totally failed to tender a payoff or a reinstatement of the sums due to date. See Plaintiffs Affidavit in Support of the Motion. Since Defendant has the knowledge of, and the means necessary for obtaining the denied information, including the total sums due, the denials are, in fact, admissions. Elia v. Olszewski, 368 Pa. 578, 84 A.2d 188 (1951); First Wisconsin Trust Co. v. Strausser, 439 Pa.Super. 192, 653 A.2d 688 (1995); Cercone v. Cercone, 254 Pa.Super. 381, 386 A.2d 1 (1978). With respect to Defendant's denial of paragraph 7 of the Complaint, Plaintiff has an express contractual right pursuant to the terms of the Mortgage (paragraph 22) to charge the Defendant attorney's fees as a consequence of the initiation of the within action in mortgage foreclosure. The Pennsylvania Courts have concluded that 5% or even 10% of the principal balance can be reasonable in the calculation of attorney's fees. See Federal National Mortgage Association v. U.S.A., 33 Pa.D.&C. 3d 152, 156 (1982); Federal Land Bank of Baltimore v. Fetner, 260 Pa.Super. 455, 410 A.2d 344 (1979). Under the circumstances, the attorney's fee recited herein is reasonable. The Pennsylvania pre-foreclosure Act 6 Notice is not required in the present matter. The Act 6 Notice of Intention to Foreclose (41 P. S. Section 101, et SeMc .) is only required when the original bona fide principal amount of the mortgage is Fifty Thousand Dollars ($50,000.00) or less. The original bona fide principal amount of the subject Mortgage is in excess of $50,000.00. See Exhibit A attached hereto (Mortgage). Plaintiff complied with the Pennsylvania pre-foreclosure Notice requirements of Act 91 (35 P.S. Section 1680.401c, et seq.) The Pennsylvania pre-foreclosure Act 91 (35 P.S. Section 1680.403c, et seq.) states: "Any mortgagee who desires to foreclose upon a mortgage shall send to such mortgagor at his or her last known address the notice provided in subsection (b)...." At the time Plaintiff sent Defendant the statutory combined pre-foreclosure Notice, Defendant's last known address was the mortgaged premises. Plaintiff (mortgagee) properly sent Defendant the Notice to this address, as evidenced by the true and correct copy of the Notice attached to the Complaint as Exhibit A. In this respect then, it should be noted that Defendant's Answer effectively admits every allegation of the Complaint. IV. CONCLUSION The allegations of the Complaint are, in fact, uncontroverted. As set forth above, Defendant's Answer has been interposed for the purpose of delay only, and it does not substantiate any claim or defense to the propriety of the Mortgage foreclosure action per se. There are no genuine issues as to any material fact to be determined at trial, and therefore, for the reasons set forth hereinabove, the Plaintiff (moving party) is entitled to Summary Judgment as a matter of law. Respectfully submitted, UDREN LAW OFFICES, P.C. By: / ' 1-? Mark J. Udren, Esquire Attorney for Plaintiff/Movant (D) "Lender" is WAYPQINT BANK Lender is a Federal Savings Bank organized and existing under the laws of the United States of America Lender's address is 101 S. George Street, York, PA 17401 (E) "Note" means the promissory note signed by Borrower and dated February 27th, 2004 The Note states that Borrower owes Lender Sixty Nine Thousand Nine Hundred and no/100. Dollars (U. S. $ 69,900.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than March 1st, 2034 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "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. (M "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): 0 Adjustable Rate Rider El Condominium Rider ? Second Home Rider ? Balloon Rider ? Planned Unit Development Rider ? 1-4 Family Rider ? VA Rider 0 Biweekly Payment Rider Q Other(s) (specify) Rider to Paragraph 19 (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (.n "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. (K) "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. (L) "Escrow Items" means those items that are described in Section 3. (M) "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. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (O) "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. c Initials: 40 •6AlPAf fo2oel Page 2 of 16 Form 3039 1/01 m 4F 4d ? (P) "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. (Q) "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 MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the County [Type of Recording Jurisdiction) of CUMBERLAND [Name of Recording Jurisdiction]: which currently has the address of 10 W. Locust Street [Street) Mechanicsburg [City], Pennsylvania 17055 [Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. tnltlua j? da -SA(PA) to2o6l Pape 3 of 16 Form 3039 1101 18 5 3F-0-:i'462 L 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 inlFlala:??? Q®6A(PA) l02oss Page 4 of 16 Form 3039 1101 BKI853rof-4163 can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower 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 bender 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 1nVliab: ??J•s -GA(PA) (0206) Pape 6 of 16 Form 3039 1101 v5`??`o:-1464 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. c Initials: --? ®® 6A(PA) co2o6) Pape 6 of 16 Form 3039 1/01 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and 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. ® •SAiPA) (0206) Pepe 7 of 16 Form 3039 1/01 e BSI JoE° - 06 b. 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. dM -WPA) =oei Page 8 of 16 Form 3039 1/01 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. Initials; tS -6A(PA) (0206) Page 9 of Is Form 3038 1101 18E 2 6 8 N 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 sutras 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 Initiafa:? 40 -BAWA) 0206i Page 10 of 16 Form 3039 1/01 ELK 1, 85E, G= 4, 69 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. 1S. 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 C ??IS1aic: ® -6A(PA) ioaos) Page 11 of 16 Form 3039 1/01 U3 i !U 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 r Initials: Q -6A(PA) to2osr Page 12 of 16 Form 3039 1/01 t ; f)f f i, 7 ?„ t 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 tonic 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: ® -6A(PA) lo2oel Pape 13 of 16 Form 3039 1101 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 an y 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. IQ0-6AIPA) 10206) Page to of is Form 3039 1101 S{ 9 b'? 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: ? r , } - (Seal) -Borrower - (Seal) -Borrower CQI? 6A(PA) (0206) (Seal) -Borrower - (Seal) -Borrower a ' ??" (Seal) Barbara A Sheel.y -Borrower Page is of 16 ), 1 8r C - ,` - 1i 74 - (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower Form 3039 1/01 Certificate of Residence I, ej i z-q 6t Tom. A- - 1 Q. , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this 27th day of February 2004 Agent of Mortgagee COMMONWEALTH OF PENNSYLVANIA, Cumberland On this, the 27th day of February 2004 undersigned officer, personally appeared Barbara A Sheely known to me (or satisfactorily proven)" the person(s) whose name(s)?16, are subscribed to the within instrument and acknowledged that h she ey executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sheri L M*14* t W, Notary pubgc CWV M SM. GtrnberWW County W lion ExpirlBa NOV. 4, 2007 Member. Pennaylvttnla Astpoistlon Ot Notarfes =? 6A(PA) (0206) County ss: , before me, the Titie of Officer r Pape 76 of 16 J Initials: Form 3038 1101 tt E 1 ? ?.t ?J I?? lJ t?, "t lT EXHIBIT "A" - MORTGAGE LEGAL ALL THAT CERTAIN tract or parcel of land with the buildings and improvements thereon erected situate in the Borough of Lemoyne, Cumberland County, Pennsylvania, more particularly bounded and described in accordance with a survey by E.J. Walker, P.E. dated August 20, 1970 as follows, to wit: BEGINNING at a point on the Southerly line of Old Fort Road which point is 210 feet East of the Southeasterly corner of 4th Street and Old Fort Road and at dividing line between Lots No. 116 and 117 on the hereinafter mentioned Plan of Lots; Thence along the Southerly line of Old Fort Road North 65 degrees 30 minutes East 50 feet to a point at the dividing line between Lots No. 117 and 118 on said Plan; Thence along said dividing line South 24 degrees 30 minutes East 175 feet to a point on the northerly line of Washington Terrace; Thence along same South 65 degrees 30 minutes West 50 feet to an iron pin at dividing line between Lots No. 116 and 117 in said Plan; Thence along said dividing tine North 24 degrees 30 minutes West 175 feet to a point, the place of BEGINNING. HAVING THEREON erected a dwelling commonly known as 310 Old Fort Road. AND BEING Lot No. 117 in Revised Plan #4 of Fort Washington which Plan is recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 3, Page 35. (CUFF.PFDICUFF/42) C' W, C?O i Y- L Rider to Paragraph 19 (Mortgage) I/We, the undersigned Rider to Paragraph 19 day of February, 2004 conditions there of Mortgage. Borrower (s), do hereby agree that the following of the Mortgage, executed by me/us this 27th shall be effective in accord with the terms and and shall be deemed to be a condition of the The "reasonable attorney fees", as set forth in Paragraph 19 hereof, shall be deemed to mean five percent (5%) of the principal due at the time of foreclosure or $1,250.00, whichever is greater. This provision shall be void in the event this Mortgage is transferred to the Federal Home Loan Mortgage Corporation ("Freddie Mac"), the Federal National Mortgage Association ("Fannie Mae"), or any other entity utilizing assignment or transfer. This provision shall also be voided if this Rider to Paragraph 19 is in violation of any provision of Freddie Mac or Fannie Mae. (SEAL) Barbara A Sheely (SEAL) 1. Certify this to be recorded (SEAL) In Cumberland County PA (SEAL) c4 Recorder of Deeds (SEAL) (SEAL) (SEAL) 42.. V Q P, 4 7 7 (SEAL) _??ai e- THIS DEED, I.- MNDIC %%Z day of FIXO!?JA_Pe?l in the year of our Lord two thousand and four (2004) -•.- ' ri BETWE$N DAVID A. BSMTOS, single person, of Mechanicsburg, rlia'' County, Pennsylvania, ?.? t- a o t,e C ra r*a c? o ?r Granto U) BARBARA A. SHEELY, !married woman, of Mechanicsburg, Cumberland ouftty, Pennsylvania, Grantee, WITNESSEM, that in consideration of---------------------------- ------------Sixty-Mine Thousand Nine Hundred ($691900.00)-----Dollar5 in hand paid the receipt whereof is hereby acknowledged, the said grantor does hereby grant and convey Co the said grantees, ALL THAT CERTAIN house and lot of ground situate on the North side of west Locust Street, in the First ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the northern curb line of west Locust Street where it is intersected by the eastern line of a public alley; thence along the northern curb line of said west Locust Strest, North 71 degrees 00 minutes 00 seconds East, seventeen and fifty hundredths (17.50) feet, more or less, no a point on said curb line where it is intersected by the center line of the partition wall, extended, of the two and one-half (2 1/2)story double frame dwelling house, which is erected on the premises herein =rieyed and on the land immediately adjacent on the East, now or formerly of George H. Raffield and Mary K. Rattield, his wife; thence along the center line of said partition wall and the line now or formerly of George B. Raffield and Mary K. Raffield, his wife, in a northerly direction and at right angles to the northern curb line of west Locust Street, aforesaid, sixty-tour and zero hundredths (64.00) feet, more or less, to the line of land now or formerly of John E. Cline; thence along the line of land now or formerly of John R. Cline, 6ooK 26'x. N-A& 6 EXHIBIT YfY i yyy t.YY South 71 degrees QO minutes 00 seconds West, seventeen and fifty hurndrodthe. (17.511) font., non pr less, to the eastern lint of the public alley, mforesaidi thence along the eastern line of the publxi.. allay, South 19 degrees 00 minutes 00 seconds East, sixty-four and zero hundredths (64.00) feet, more or less, to a point on the northern curb line of West Locust street, afur:eea?id, the plaoe of BEGINNTMG. HAVING ERECTED THERBON the western one-half of a two and one-halt story double frame dwelling house, known and numbered as 10 West Locust Street, Mechanicsburg, Pennsylvania. BEING the same premises which Christopher P. Dwyer and Jeannette Dwyer, his wife, by their deed dated March 14, 1997 and recorded in the Cumberland County Recorder of Deeds office in Book 154, Page 882, granted and conveyed unto David A. Bernatos, single person, Grantor herein. UNDER AND SLWECT, NEVERTHELESS, to all reservations, restrictions, conditions, covenants, easements and rights of way of prior record. M CIA _in? HIM lm" N E • Mi (p GI P on 0 !f M' ® N k 'Z? ? (? by > ?9 i3 Ly? it r ?pQ ? i. V V V r F And the said grantor hereby covenants and agrees that ahe will warrant specially the property hereby conveyed. Fob 261 PAs:4 ? IN WITNESS WkM6F, said grantor has hereunto set her hand and seal the day and year first above written. signed, Sealed and Delivered in the Presence of 0 I-A M. 192W:3 I - ?, j et -4 e -to - 6 ?? 0 DAVID A. BMMTOS state of /9k as. county of ?' c On this, the a? day of f'?''?f Jar 2004, before me, Sher': 4" Mclf - Mnftv, the undersigned officer, personally appeared David A. Bernatos known to me (or satisfactorily proven) to be the person whose name is subscribed to the within instrument, and acknowledged that he executed same for the purposes therein contained. IN WIM139 WMEOF, I hereunto set my hand and official seal. TH OF WMYLVANA NftW994 O - ?? ?9 , ShedLMW#AM r,MC0MyPd* QMWMMBWCuXnprltnOoWnq! N 0 7 /JB tr?L?-' hyc?a?iaens?.ra?? s MWMV tin fsASSW aMWOW Title of Officer. state of ss. Country of On this, the day of , 2004, before me, the undersigned officer, personally appeared known to me (or satisfactorily proven) to be the person whose name subscribed to the within instrument, and acknowledged that executed same for the purposes therein contained. IN WITNESS WMEOF, I hereunto set my hand and official seal. Title of Officer. Rim 26. PAC: do hereby certify that the precise residence and complete poet office address of the within named grantee is ?? UJ?7^ C?aCVs7 ? M eCA-f Mqr Cs6 V4(r, P prey or C018IONWRALTIH OF PgMnf LVANIA 8o. County of R8CORDED on this day of A. D. 2UU4, in the Recoraar-e office of the waid Ceid"t'y, in Daud Book vol. Page Given under my hand and the seal of the said office, the date above written. Recorder. i Certify this to be recorded in Cumberland County PA 0 &A.V-fo ;M -- YLecorder of Deeds 5W 261 rmcg 9 VERIFICATION Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff, a corporation unless designated otherwise; that he is authorized to take this Verification and does so because of the exigencies regarding this matter, and because Plaintiff must verify much of the information through agents, and because he has personal knowledge of some of the facts averred in the foregoing pleading; and that the statements made in the foregoing pleading are true and correct to the best of his knowledge, information and belief and the source of his information is public records and reports of Plaintiff's agents. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Dated: Mark J. Udren, Esquire UDREN LAW OFFICES, P.C. UDREN LAW OFFICES, P.C. BY: MARK J. UDREN, ESQUIRE ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Sovereign Bank Plaintiff V. Barbara A. Sheely Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO. 07-1340 Civil Term CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I served true and correct copies of Plaintiffs Motion for Summary Judgment, Brief in Support and Argument Praecipe upon the following person named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: June 8, 2007 TO: Fred W. Freitag, IV, Esquire 1040 Fifth Avenue Pittsburgh, PA 15219 Attorney for Defendant UDREN LAW OFFICES, P.C. By: Mark. Udren, Esquire Attorney for Plaintiff/Movant t"} r-' Ln '? SHERIFF'S RETURN - REGULAR CASE NO: 2007-01340 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SOVEREIGN BANK VS SHEELY BARBARA A TIMOTHY REITZ , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT.- MORT FORE was served upon O TTUUT V DTDD7TD7? A the DEFENDANT , at 1844:00 HOURS, on the 14th day of March 2007 at 10 WEST LOCUST STREET MECHANICSBURG, PA 17055 by handing to BARBARA A SHEELY 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: So Answers: Docketing 18.00 Service 9.60 Affidavit .00 Surcharge 10.00 R. Thomas Kline .00 J 37.60 03/15/2007 DID UDREN LAW OFFICES o1 Sworn and Subscibed to 3?agf By: -r- before me this day De ty Sher' f of A.D. SOVEREIGN BANK, Plaintiff VS. BARBARA A. SHEELY Defendant : IN THE COURT OF COMMON PLEAS OF : CUMBERLAND COUNTY, PENNSYLVANIA : NO. 07-1340 Civil Term ENTRY OF APPEARANCE AS LOCAL COUNSEL Dear Sir: I hereby enter my appearance as local counsel, in conjunction with the Udren Law Offices, for the limited purpose of representing the Plaintiff at Argument Court to be held on Wednesday, July 11, 2007. "1- Date: July 10, 2007 a C. Wolf me Court I.D. 87380 1-6 West High Street Carlisle, PA 17013 (717) 241-4436 CC: Mark J. Udren, Esquire Fred W. Freitag, IV, Esquire ' kJo f } [ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Sovereign Bank Plaintiff V. Barbara A. Sheely Defendant NO. 07-1340 Civil Term ORDER AND NOW, to wit, this I day of 2007, upon consideration of Plaintiffs Motion for Summary Judgment and supporting ocuments thereto, and upon consideration of the Reply, if any, filed by the Defendant hereto, the Court hereby determines that Defendant, Barbara A. Sheely, has failed to make a legal defense to Plaintiff s claim and that Plaintiff is entitled to Summary Judgment as a matter of law, and the Court, therefore, ORDERS AND DECREES that Judgment, in rem, shall be entered in favor of the Plaintiff and against Defendant, Barbara A. Sheely, in the amount of $75,421.61 (as calculated from the Complaint), together with ongoing per diem interest, escrow advances, and any additio 1 re verable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortma BY J. ... \J ?-} ? '.?. ?? \\ `,?` \? ?? C__ `? .-? ?_? ?' ? ? F-= F . -? ., f ? ?? 1 :? j ? _ \?\i? \ h 1 \ ('fi`t (?q \,•? "?\°?. ??? """???? ?? i UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Sovereign Bank :COURT OF COMMON PLEAS 601 Penn Street `:CIVIL DIVISION Reading, PA 19601 ::Cumberland County Plaintiff V. Barbara A. Sheely 10 West Locust Street ENO. 07-1340 CIVIL TERM Mechanicsburg, PA 17055 Defendant(s) PRAECIPE FOR JUDGMENT BASED ON COURT ORDER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter judgment in favor of the Plaintiff and against the Defendant(s), Barbara A. Sheely pursuant to the Court's Order dated July 11, 2007 (in accordance with the Complaint) and for foreclosure and sale of the mortgaged premises, and assess Plaintiff's damages as follows: As set forth in Court Order $75,421.61 TOTAL $75,421.61 I hereby certify that (1) the addresses of the Plaintiff and Defendant are as shown above, and (2) that a true and correct copy of the Praecipe has been mailed pursuant to Pa.R.C.P. Rule 237. OFFICES, DAMAGES ARE HEREBY ASSESSED AS I DATE : (v Ndrk\,4. Udren, ESQUIRE Attorney for Plaintiff UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCRBST CORPORATE CENTER 111 WOODCREST ROAD, SUITS 200 CHERRY HILL, NJ 08003 856-669-5400 Sovereign Bank Plaintiff. V. Barbara A. Sheely Defendant(s) TO: Barbara A. Sheely 10 West Locust Street Mechanicsburg, PA 17055 DATE of Notice: April. 4, 2007 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County NO.07-1340 Civil Term 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 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. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTIFICACION IMPORTANTL USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HUGER TOMADO LA ACCION REQUIRIDA DE SU PARTE EN ESTE CASO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE UN TERMINO DE DIEZ (10) DIAS DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARARECER USTED EN CORTE O ESCUCHAR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA, USTED PUEDE PERDER BIENES Y OTROS DERECHOS, IMPORTANTES. DEBE LLEVAR ESTA NOTIFICACION A UN ABOGADO IMMEDIATAMENTE SI USTED NO TIENE ABOGADO, 0 SI NO TIENE DINERO SUFICIENTE PARA TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA, CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASSISTENCIA LEGAL. SERVICIO DE REFERENCIA LEGAL LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 NOTICES PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES"ACT, THIS LAW FIRM IS DEEMED TO BE A DEBT COLLE R AND THIS IS AN ATTEMPT O COLLECT A DEBT. ANY INFORMATION OBTAINED WILL IIfflW FOR T*RT'-,PIIRPOSB. d l\ V vua Gaa, - vY.a Woi rest Corporate Ce er 111 odcrest road, Suite 200 Cherry Hill, New Jersey 08003-3620 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: MARK J. UDREN, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Sovereign Bank :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE Barbara A. Sheely Defendant(s) ;NO. 07-1340 CIVIL TERM AFFIDAVIT OF NON-MILITARY SERVICE STATE OF NEW JERSEY COUNTY OF CAMDEN SS THE UNDERSIGNED being duly sworn, deposes and says that the averments herein are based upon investigations made and records maintained by us either as Plaintiff or as servicing agent of the Plaintiff herein and that the above Defendant(s) are not in the Military or Naval Service of the United States of America or its Allies as defined in the Servicemembers' Civil Relief Act (108 P.L. 189; 117 Stat. 2835; 2003 Enacted H.R. 100), and that the age and last known residence and employment of each Defendant are as follows: Defendant: Barbara A. Sheely Age: Over 18 Residence: As captioned above Employment: Unknown Sworn to and subscribed before me this 17th day of July, 2007. Notary Public OFNNr?X Name: MARK J. UDREN, ESQ. Title: ATTORNEY FOR PLAINTIFF Company: UDREN LAW OFFICES, P.C. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY CIVIL DIVISION Sovereign Bank Plaintiff V. Barbara A. Sheely NO. 07-1340 Civil Term Defendant ORDER AND NOW, to wit, this // day of4 , 2007, upon consideration of Plaintiff's Motion for Summary Judgment and supporting documents thereto, and upon consideration of the Reply, if any, filed by the Defendant hereto, the Court hereby determines that Defendant, Barbara. A. Sheely, has failed to make a )egal defense to Plaintiffs claim and that Plaintiff is entitled to Summary Judgment as a matter of law, and the Court, therefore, ORDERS AND DECREES that Judgment, in rem, shall be entered in favor of the Plaintiff and against Defendant, Barbara. A. Sheely, in the amount of $75,421.61 (as calculated from the Complaint), together with ongoing per diem interest, escrow advances, and any additional recoverable costs to date of Sheriffs Sale; and for foreclosure and sale of the mortgaged property. BY THE COURT: 4T- TRUE COPY FROM RECORD In Testimony whereof, I here unto set m and the seal of said Court at Carlisle, pa.y hand This .... /? .....day of. Prothonotary C"?C ""`. r? CWT r C'? ? ?ri v ?, .?` Q ? ? ??' y- -r? ?.. s -? .? <"' _ C1"? ?--. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Sovereign Bank :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE Barbara A. Sheely :NO. 07-1340 CIVIL TERM Defendant(s) To: Barbara A. Sheely c/o Fred W. Freitag, IV, Esq. 1040 Fifth Avenue Pittsburgh, PA 15219 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, notified that a Judgment has been entered against you proceeding as indicated below. Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession you are hereby in the above Prothonotary Judgment on Award of Arbitration Judgment on Verdict x Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 . J UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 pleadings@udren.com Sovereign Bank :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE Barbara A. Sheely Defendant(s) :NO. 07-1340 CIVIL TERM To: Barbara A. Sheely 10 West Locust Street Mechanicsburg, PA 17055 NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, notified that a Judgment has been entered against you proceeding as indicated below. Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession you are hereby in the above Proth otary &,? IS/ l l Judgment on Award of Arbitration Judgment on Verdict x Judgment on.Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE PLEASE CALL: ATTORNEY Mark J. Udren, Esquire At this telephone number: 856-669-5400 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Sovereign Bank =COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE Barbara A. Sheely :NO. 07-1340 CIVIL TERM Defendant(s) PRAECIPE FOR WRIT OF EXECUTION TO THE SHERIFF: Issue Writ of Execution in the above matter: Amount due $75,421.61 Interest From 6/l/07 1,802.92 to Date of Sale 12/5/07 Ongoing Per Diem of 9.59 to actual date of sale including if sale is held at a later date (Costs to be added) $ UDREN LAW OFFICES, P.C. . ` laten, ESQUIRE EY FOR PLAINTIFF 7c) -h- C G z .. e WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-1340 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From BARBARA A. SHEELY, (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 $75,421.61 L.L. $.50 Interest FROM 6/1/07 TO DATE OF SALE 12/5/07 - ONGOING PER DIEM OF $9.59 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE - $1,802.92 Atty's Comm % Atty Paid $133.60 Plaintiff Paid Date: JULY 23, 2007 (Seal) Due Prothy $2.00 Other Costs iiepury REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST ROAD CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 Supreme Court ID No. 04302 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Sovereign Bank :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE Barbara A. Sheely ':NO. 07-1340 CIVIL TERM Defendant(s) C E R T I F I C A T E Mark J. Udren, Esquire, hereby states that he is the attorney for the Plaintiff in the above-captioned matter and that the premises are not subject to the provisions of Act 91 because it is. ( ) An FHA insured mortgage ( ) Non-owner occupied ( ) Vacant ( x ) Act 91 procedures have been fulfilled. ( ) Over 24 months delinquent. This certification is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. UDREN LAW FILES, P.C W A Wrk J Udren, SQ RE ATTORNEY FOR PLA TIFF ?? ?=' ?w? ?". ?, ?-, ?i r' + _a _ ?, , . ?? } ? ? ?" l [•?,3 :? k f,AA °.?- .. ??'. UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Sovereign Bank :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE Barbara A. Sheely :NO. 07-1340 CIVIL TERM Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Sovereign Bank, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 10 West Locust Street, Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address Barbara A. Sheely 10 West Locust Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address none 4. Name and address of of record: Name Sovereign Bank Household Realty Corp. the last recorded holder of every mortgage Address 601 Penn Street, Reading, PA 19601 25 Gateway Drive, Gateway Square, Suite 107, Mechanicsburg, PA 17055 r 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 Tenants/Occupants 10 West Locust Street Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. DATED: July 17, 2007 UDREN LAW OFFICES, P'C. r\ /-\-z . ark Udren, ESQ. ttorney for Plaintiff c_. Cj --c r UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Sovereign Bank :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE Barbara A. Sheely ::NO. 07-1340 CIVIL TERM Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Barbara A. Sheely 10 West Locust Street Mechanicsburg, PA 17055 Your house (real estate) at 10 West Locust Street, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on December 5, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $75,421.61, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE 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 856-669-5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days 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 after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 c? j 7-1 ,a t \? C.+3 CS+ ?`` r UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Sovereign Bank :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE Barbara A. Sheely :NO. 07-1340 CIVIL TERM Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Barbara A. Sheely c/o Fred W. Freitag, IV, Esq. 1040 Fifth Avenue Pittsburgh, PA 15219 Your house (real estate) at 10 West Locust Street, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on December 5, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $75,421.61, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856)-669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) %.r YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days 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 after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 i w) IT y 1 UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Sovereign Bank :COURT OF COMMON PLEAS :CIVIL DIVISION Plaintiff :Cumberland County V. Barbara A. Sheely NO. 07-1340 CIVIL TERM Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Notice of Sale upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail xxxxxx Certified Mail other (certificate of-mailing) Date Served: September 24, 2007 TO: Barbara A. Sheely c/o Fred W. Freitag, IV, Esquire 1041 Applejack Drive Gibsonia, PA 15044 UDREN ICES, AP.C. By : I / l / Mark J.VUdr- en E Attorney for Pla w H O G] 1`- n bd N- o?w tr 14 ED I-j ° tr 0 IV $1) N- V ((D W a-a:p, (D E . ro t-j- ?n?ll ? Nxn IT U1 N M o tj p- i- ? n r* ? w ?4 w iD H C1i a 8c iyW '<o01;: =??a n0-n E z -q 0 CIO CA cvrnn M A .t cr x a- .(Domesfic Mad Only; No .. Provided) i r-I u-,ps com site, al www information web • deliver . - . y r f`- N r-R rl Postage $ s,?sst co co CerBfied Fee O O Retum Recelpt Fee Postmark tiara O O (Endorsement Required) ...?..?? C3 Restricted Delivery Fee O O (Enrbrmnent Required) rl rR r- M1 Total Postage & Fees ??.. O O -?? r- i,.` Sent To r O C7 Barbara A. Sheeiy do Fred W. Freitag, N, Esq. 1041.-•--......._.„ u?treet C3 C3 PA 15044 dc Drive, Gibsonta APp POB N Imo- V- - - --- or ox i ...-°-° ----------- ....°...._. city, Stele, Z(P+4 I r 11 O l g 1 0 3 O O 0 W ? ? 3 30 - OD 4E D 3 N aS ? C3 y . ® a 0 C3 a mo ?? Q a t m ' Z7 (D rt 3 C3. C3 m A m m m C3 ? c ? ? '" in m c m g Of [3 p m a ?. 0 p ? a 0 c N m '? 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Freitag, IV, ESA. 1041 1 BnA>?a A. 9Fiedt! ., - 15044 PA *8 I APP . ElRegwered URY 1EGt f??Ci"KAAIC 7917C?f3@ 4. 09) O Yes 2. - 71107 0710 0004 8147 2169 r? *,..F ; PS Form' - I`, ,t ; _ { t { Dom"I m"Reoeipt 'IM96.024d-154o a ? ll N°•°p'hN E a0p GO N C W NNd LL "gc `O m- N 19L o. m c?Ea?m W =d . ? ?_ U c U Em?`ot C6 U- J n1 y? Q??rwE m- m d ..c c E o ` m m ° ?o? w U) LL d F2c °t? La O s v E c _ r- 0 N L Q(?,_ i, n 10, d to ' L HEL$v$ to E n A 0 - Ol ? C S o? cwm 8 O- N e 4 ) p O c•-c_!m 10='Ec y o X U) m o+ mOxmpE :' Q ? 0. w p :; EmW c c mrn?r m ` c m > m m ? U ? O •U e' me- w t) > c c - F ?E1N°E Y N F 1 4 N e u t9 .?4 O C 3 ...'? c o °fO E c N y_ C to t0 ' cm ; r.L maoo 1,o• Em m . C =- m d t0 > N V a - QQ0 w m Om m m e c ? to '- a? p ... Q - - y m . . o o m E O Y.O.LL.. h Ol O m??rjm ' OEcr.m ° o v V ? t d? S p? ' E > o U U??? D M ct O O E c ,r w?=X$° =U m?4))ECc ig vm p 0 m?- c ?? mc? E n m ' 'm ° Q v - (D g om C r ` V N ' y c2 LL a y y t . x .v c 111 N ?O?? a rn m W N a- c my ? 5 toOCD HUU ???? rn m o M c? w `m co H Z o a W } y _ O a N CVO N a? G w c LL LO o a X -) a Q v 00 UJ a IL U m 20 1 - LL o mQ LL U) 2 LD 0 J U) m T TC? 0. ?U) m °' ° ?Ir0= Q utj a ?'.r O } Z ? •- p d m - v G3 0 ? =? 0 ?rV Z ` a m mQ N U Q O a . ` E r Q >1 0 O M C l) ? C L N O O 272 p M N z m t C D o E -o a 0 cn i c a CO o U z ? M E S ca Q N Z J N co v ? LO CD f ? co r r r r to J C m G O m Y C m m m Q O V d .Q E O U. v rn rn Z` 2 N Ll_ N M 9 LL n O-M UDREN LAW OFFICES, P.C. BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Sovereign Bank 601 Penn Street Reading, PA 19601 Plaintiff ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION Cumberland County V. Barbara A. Sheely 10 West Locust Street Mechanicsburg, PA 17055 Defendant(s) NO. 07-1340 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO Pa.R.C.P.RULE 3129.1 Plaintiff, by its/his/her Attorney, Mark J. Udren, Esquire, hereby verifies that: 1. A copy of the Notice of Sheriff's Sale, a true and correct copy of which is attached hereto as Exhibit "A", was sent to every recorded lienholder and every other interested party known as of the date of the filing of the Praecipe for the Writ of Execution, on the date(s) appearing on the attached Certificates of Mailing. 2. A Notice of Sheriff's Sale was sent to Defendant(s) by regular mail and certified mail on the date appearing on the attached Return Receipt, which was signed for by Defendant(s) on the date specified on the said Return Receipt. Copies of the said Notice and Return Receipt are attached hereto as Exhibit "B". 3. If a Return Receipt is not attached hereto, then service was by personal service on the date specified on the attached Return of Service, attached hereto as Exhibit "B". 4. If service was by Order of Court, then proof of compliance with said Order is attached hereto as Exhibit "B". All Notices were served within the time limits set forth by Pa Rule C.P. 3129. This Affidavit is made subject to the na to 18 a.C. . Section 4904 relating to unsworn falsification to au ho it' . Dated: November 8, 2007 OFFICE P.C. BY: V Mark J. Udren, Esquire Attorney for Plaintiff UDR EN LAW OFFICES P C ATTORNEY FOR PLAINTIFF . . BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Sovereign Bank :COURT OF COMMON PLEAS Plaintiff :CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE Barbara A. Sheely :NO. 07-1340 CIVIL TERM Defendant(s) AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 Sovereign Bank,. Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 10 West Locust Street, Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address Barbara A. Sheely 10 West Locust Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address none 4. Name and address of of record: Name Sovereign Bank Household Realty Corp. the last recorded holder of every mortgage Address 601 Penn Street, Reading, PA 19601 25 Gateway Drive, Gateway Square, Suite 107, Mechanicsburg, PA 17055 Waypoint Bank 101 S. George St., York, PA 17401 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 Tenants/Occupants 10 West Locust Street Mechanicsburg, PA 17055 Fred W. Freitag, IV, Esquire 1041 Applejack Drive, Gibsonia, PA 15044 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are ade subject to the penalties of 18 Pa.C.S. sec 4904 rel ing to unsworn falsification to authorities f,%q\ FI,CES, P.C. DATED: November 8, 2007 Mark J. Udren, Esquire Attorney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Sovereign Bank COURT OF COMMON PLEAS Plaintiff € CIVIL DIVISION Cumberland County V. Barbara A. Sheely Defendant(s) NO. 07-1340 CIVIL TERM TO: ALL PARTIES IN INTEREST AND-CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNER(S): Barbara A. Sheely PROPERTY: 10 West Locust Street Mechanicsburg, PA 17055 Improvements: RESIDENTIAL DWELLING The above captioned property is scheduled to be sold at the Cumberland County Sheriffs Sale on December 5. 2007, at 10:00 am, at the Commissioners Hearing Room, 2' Floor, Courthouse, Carlisle, PA. 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. A Schedule of Distribution will be filed by the Sheriff on a date specified by the Sheriff not later that 30 days after sale. Distribution will be made in accordance with the schedule unless exceptions are fled thereto within 10 days after the filing of the schedule. EXHIBIT A U. N 0 ?C G d ? Q d N ?J] LL ?N ? o O 67 m U- iA N ? E d v `N a? Y C :N?iO N Jf?? N 7V C O L G Itl s4 N Q 7 oa o 0; ?d 0) r- ,f 0 D "a an ? d 0 c OC L 0. W U3 N H? Q ? C1 ? O O td ? N ? ? co N ?? 13 N co ` h o L O= N We OL o Z ON J wN V- ? NN ?11? ..1 C O m fi LU t? r t!1 p r r- m p C-4 CD G ? a 40 tn c v? 4 ¢, 4? ? Nw o f 0 a o c[ oa ?a ?p..? z r TN JCL o0.. - 45 m G ? U ` cc j N 1U-i.0 J ? q N in N o r v u x co 16 o Oc p m M-J ? ?COT ? 0? co vai RS D1 cr CO O N s CD -?NLo too ao or d a NO _ ( r O T?A to q? iif ,r 0 r t6 o COO o o zOW Z Q Nap aiQ ? Upf3. ~ p00v 4 pCN ?N oQ o ? 4 ?3 . p z ina = T T T ? p ` o p ?n ? N ' a E c S O ?Z Zr N N M m o ??da ?aY?o T ?? r C-'? ?p?C N L d N ? ? N ?? C NZ G1?dp 4? v -is n =O m m A O E W m a C 0 a 0 m a 4 m T .d y O m O 0 m l4 U v a 0 a r N N J of a? Ca L rN .J •?- ¢ ? N r r O T f CD A CO r- t0 N V Ce) O ? rn r ? (D u. ? e U) 0 U- co Ca m d LL x N W p ? 4) m LL to o D O? y t13LL 4) ` N cvi U) O ..L. d N Qi wO 4) N ?LL CD co 'U Q m E 'a O y Q,0 0 $ 0p E S W o tOnOV W cs O N Qc?? Q,p v N 4) N W O C G 7 W 0 Co N y ? c 3 N (D 0_ j a C W r C. co O rC p O G 61 ?^ O L c???? iv •G p a ..g N 0 N LL d N G CL' V C LU ??a? rn W N O 0 a N d i.. N Q N ?SUU N o a Q W CO) f' o O ?°, Z ao •- W o o W {}j,! a ur 0. QW C o X00 LU CL ?- W 4i Uj LL. 0 U) Z J, U- W o 0 J r 3A w lzo G O a0i U3 3lz E COr= Z t F a ¢ Z N 0 in N N EEO N d ca a- C ZOO J e_ i 39VISOd 'S'it a?i w ad ?i' ?J Mro I: of _y io y ° O W 4 !? N /0 ID Q 7 t0 O N E C U1 TOO C N E N V N lD " y TO c u E v c E ° r ? o m'O C N C _ N C - C N Eoam_ mC ? Ulli ? 2 c a?' r NO d C mco C l0 E °r' ° E c N >, O. Q O ° o N E .?''' ? v ,ac ?'°E?16aNi 'd N N 07 v m ? 'c0 C ' 7 L rn C E N 7 ro v o m ? m ?c c g vu7E?'1O`°c r mu?°.'>m V w U C u4°.- Otn m-CO pp O C C ' 6 E f N2E c °vda? ? ? ' m 0° dc d=? y+ n pp m° c ? O C NV IIO d C N Q a m? G v r> m >o'r m °o??N°v 0 o ? o E o o ? X ,,,,// Of N E? C m c m o -0 4, wedO ?, c a to t6 y, "; QL A F' T O ? W Q. C .m ' L) m m A o N Z ? ? d ? a as -0- 0) CF) W U 00. S] C LL. W ? co m o (D N a cn E C N C U (D Cl) O O = 7 U W = ' N r (n O ? y r J ms 0" ! N cn e - O co r" Vo. CV M ? m c EXHIBIT A v .? Barbara A. Sheely NO. 07-1340 CIVIL TERM _ o -17 Defendant(s) CERTIFICATE OF SERVICE ' -? ru I, Mark J. Udren, Esquire, hereby certify that I have servad true and correct copies of the Notice of Sale upon the following BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Sovereign Bank 'COURT OF COMMON PLEAS :CIVIL DIVISION Plaintiff :Cumberland County UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF person(s) named herein at their last known address or their attorney of record. xxxxxx Regular First Class Mail xxxxxx Certified Mail other (certificate of mailing) Date Served: September 24, 2007 TO: Barbara A. Sheely c/o Fred W. Freitag, 1041 Applejack Drive Gibsonia, PA 15044 IV, Esquire UDREN CES.,P.C. BY: [ / l_/ Mark J. Udren, Es Attorney for Plai UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Sovereign Bank :COURT OF COMMON PLEAS :CIVIL DIVISION Plaintiff :Cumberland County V. Barbara A. Sheely NO. 07-1340 CIVIL TERM Defendant(s) CERTIFICATE OF SERVICE I, Mark J. Udren, Esquire, hereby certify that I have served true and correct copies of the Notice of Sale upon the following person(s) named herein at their last known address or their attorney of record. xxxxxx xxxxxx Regular First Class Mail Certified Mail Other (certificate of mailing) Date Served: September 24, 2007 TO: Barbara A. Sheely c/o Fred W. Freitag, IV, Esquire 1041 Applejack Drive Gibsonia, PA 15044 UDREN LAONW O.`:'I CES , A P . C . By: Mark J. Udren, Es ire Attorney for Pla'l tiff EXHIBIT B O a N 0 w H. 0 -- pr afi N o ti tr' to . ?d L-J- ?w ? Nxn (D in m m O U P- i,- 4 N-per 14 W (D H C m O O C °v ? ?L ri Z 7D0?i S ©p M -n z (b EZ D fri ,:, o>n-o w 0 J-n n -t m Postal 1 CERTIFIED MAIL RECEIPT Q- .n a- .? 1 (Domestic Mail On/y- No Insurance Coverage .- rl r? ru ru • ra rq Postage $ CO ca CO cc CertEtied Fee t" p O p O Ratum Receipt Fee (Endorsement Rego" Postmark more p 0 Fee E RR p p ( nd nt egaire d) ra rq (- r- Total Postage & Fees $ O C3 R Sant TO C3 p C3 p Street, Apt A Barbara A. Shealy do Fred W. Freitag, IV, Esq. 1041............ ». 0 0 or PO Box A? Applejack DTWe, GVbsonia, PA 15044 ------------ ..................».._»----------------_--._.---- Clry• State, ZtP+4 ----- »•.•.•_-_.«._ Y EXHIBIT' 13 C0 O CO) OD .1 N 0 0 j 0 ? .3 rh MY C 3 m V N N 0 o :v C) .? w tv06-(X&M-085c Lasd (e9-a) soaz I-Bnv'ooss uLOd sd -AAlnbul us 6ul?ew uegM 11 luesaid pue Idlesei sjg; GABS ?JNVJI]OdWi y 3 ,? m m K 5 y o m IIEw pus e6e>sod 43lm lapel xg;e pLm 4Mep 'pepeau Sou s! 3dpoei ifeW pe!;l4je0 044 uo 4MW}96d E ;l -Buuueuusod ao; solp ;sod 941 ;e elo e 3 -Tale a4;;ussa.id essald'psitsep s!;dpoe? 1IvIN paglue0 e43 uo )uewpod 911 ¦ g AJ&Af/eQPe;ou;.jd. ;uewMopus ae s eesm E ex o ' v :. pp s p p 4j , ;ue e.43 43lm eoeldpw etp Jew Jo )pelo e4l es!Apy C a) Jo aesseippe 94U o; pe;op4eej eq few A.Ism sp ae; Isuol;Ipps us and ¦ ` psimbei sI Idiom ilsW peg4je0 jnoA uo 4mtusod ®Sdsn E 'tdleoei wn;e3 e?Eolldnp is Jo; AMUM ea; 8 eAl80e1 of -.palsenbed;dleoall wr4el3. eoeldllew esiopuS •8e; e4; ,lenoo of eBE;sod elgw!ldde ppe pus eqm e4# o,} (L Lge uuod Sd) ;dpoel f c , o 00 -. wr4eu s 4oIUE pue e;aldwoo es"d'eotA,es;d!ew0 wnoa ule;go ovkamep P , ;o;ooid aplAO.l o; pa;senbei eq Asw;dieoaU ulrped v ae; (suo!;Ippe us and ¦ 13 ? lea 00 ?° i!eW pejeWlBey .lo pemsul jep!saoo esseld 'selgenleA ¦ • `m .lod LBW P9WJ80 4Vm a3CIA08d SI 30VH3AO0 30N mnSNl ON ?ew suonswe;u ;o mp Aue lo; eigellens;ou s! 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E O0 T=' Z .- U ii a m d 0 >1 c N ? ? m C 6V N m v n ?$am--EEcm Tp C O ?L I° CL y vmEvia10 C U C . A ? ? R ? • C . C ? u N C m C C N ?5 Np m N W O r ` G m C N E a 9 E c N N pQ T EA v m c Iram m - E m v p rn C = j Ecrn E d m o } ? E ° c c a c o r V) w? ' ' c , . t v m m $ m v u m V C ? O ' E C N O C N ° O ?N0 E C coo NEc ' Q. ., ? vmaaoR d o o m .- E = :: $ _ Qo aN °' O 0,1 ' a N C"F O O ro r.- 7 O N c Nw stn R 7 Ot C o M W o.0`-Etn °? ° O cE? c C D H _ v E v n w o ? y 4 - d A H J2 d s Q w ? a rn E c 0 m ? ? .Q © N m ? Z (D a 0 - IN\ o U U. M ZS C U) (D d r C-4 ce) r T" (n o) CA r T co LO ZaZ5 J r 04 M d to ~ ?XHtBtT? o O 4 rn z° t0 U i ? v LL ti o v °O M ? E T O C LL m d Cl) C. H J ?? CD C -D o-7 -I34C-) COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Sovereign is the grantee the same having been sold to said grantee on the 5th day of Dec A.D., 2007, under and by virtue of a writ Execution issued on the 23rd day of Jam, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 1340, at the suit of Soverei ng Bank against Barbara A Sheely' is duly recorded as Instrument Number 200801483. IN TESTIMONY WHEREOF, I have he unto set my hand and seal of said office this day of Lu'lw -, V -If /I A.D. a7OVF 1 of Deeds FHeoo+del of Deeds Cumberiend County, Carlisle, PA My Cort?mission Expfrae the Fiat Monday of Jan. 2010 Sovereign Bank VS Barbara A. Sheely In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2007-1340 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant, to wit: Barbara A. Sheely, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND, as to the defendant, Barbara A. Sheely. The house located at 10 W. Locust St., Mechanicsburg, Cumberland County, Pennsylvania is vacant. The Mechanicsburg Post Office does not have a forwarding address for the defendant. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October 08, 2007 at I100 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 Barbara A. Sheely located at 10 West Locust Street, Mechanicsburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 5, 2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Mark Udren, on behalf of Sovereign Bank. It being the highest bid and best price received for the same, Sovereign Bank of 601 Penn Street, Reading, PA 19603, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,142.27. Sheriff s Costs: Docketing $30.00 Poundage 22.40 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 19.20 Levy 15.00 Surcharge 20.00 Law Journal 467.00 Patriot News 398.75 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriffs Deed 39.50 $ 1,142.27 / //,/ 6 r y?,00 a Ck 6 iF93 `? /a", .16 3;z So Answers: R. Thomas Kline, Sheriff I B'VjC CIS V Real Estate rgeant UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Sovereign Bank :COURT OF COMMON PLEAS Plaintiff ::CIVIL DIVISION :Cumberland County V. :MORTGAGE FORECLOSURE Barbara A. Sheely :NO. 07-1340 CIVIL TERM Defendant(s) AFFIDAVIT PURSUANT TO RULE 3129.1 Sovereign Bank, Plaintiff in the above action, by its attorney, Mark J. Udren, ESQ., sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 10 West Locust Street, Mechanicsburg, PA 17055 1. Name and address of Owner(s) or reputed Owner(s): Name Address Barbara A. Sheely 10 West Locust Street Mechanicsburg, PA 17055 2. Name and address of Defendant(s) in the judgment: Name Address SAME AS #1 ABOVE 3. Name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address none 4. Name and address of of record: Name Sovereign Bank Household Realty Corp. the last recorded holder of every mortgage Address 601 Penn Street, Reading, PA 19601 25 Gateway Drive, Gateway Square, Suite 107, Mechanicsburg, PA 17055 5. Name and address of every other person who has any record lien on the property: Name Address none 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Name Address Real Estate Tax Department 1 Courthouse Square Carlisle, PA 17013 Domestic Relations Section Commonwealth of PA, Department of Revenue 13 North Hanover Street Carlisle, PA 17013 Bureau of Compliance, PO Box 281230 Harrisburg, PA 17128-1230 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 Tenants/Occupants 10 West Locust Street Mechanicsburg, PA 17055 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. sec. 4904 relating to unsworn falsification to authorities. UDREN LAW OFFICES, P,C. DATED: July 17, 2007 rk Z. Udren, ESQ . torney for Plaintiff UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF BY: Mark J. Udren, Esquire ATTY I.D. NO. 04302 WOODCREST CORPORATE CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 856-669-5400 Sovereign Bank :COURT OF COMMON PLEAS Plaintiff '-CIVIL DIVISION ::Cumberland County V. ;MORTGAGE FORECLOSURE Barbara A. Sheely NO. 07-1340 CIVIL TERM Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Barbara A. Sheely 10 West Locust Street Mechanicsburg, PA 17055 Your house (real estate) at 10 West Locust Street, Mechanicsburg, PA 17055 is scheduled to be sold at the Sheriff's Sale on December 5, 2007, at 10:00 am in the Commissioners Hearing Room, 2nd Floor, Courthouse, Carlisle, PA, to enforce the court judgment of $75,421.61, obtained by Plaintiff above (the mortgagee) against you. If the sale is postponed, the property will be relisted for the Next Available Sale. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriff's Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payment, late charges, costs and reasonable attorney's fees. To find out how much you must pay, you may call: (856) 669-5400. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TARE PLACE. 1. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 856-669-5400. 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 856-669-5400. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days 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 after Schedule of Distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ASSOCIATION DE LICENCIDAD.OS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 717-249-3166 800-990-9108 ALL THAT CERTAIN house and lot of ground situate on the North aide of West Locust Street, in the First Ward of the Borough of Mechanicsburg, Cumberland County, PennSylvania, bounded and described as follows: BWr 1NINQ at the northern curb line of West Locust Street where it is intersected by the eastern line of a public allay; thence along the northern curb line of said West Locust Street, North 71 degrees 00 minutes 00 seconds 8aast, seventeen and fifty hundredths (3.7.50) feet, more or less, to a point on said curb line where it is intersected by the center line of this partition wall, extended, of the two and one-half (2 .1/2)story double frame dwelling house, which is erected on the pr`udses.herein couveyed ar4 on the lead immediately adjacent on the East, now or formerly of George B. Raffield and Maury K. Rarti.eld, his wife; thence along the center. line of said p8artitioa wall and the line now or formerly of George a. Raffield and Mary K. Raffield, his wile, in a northerly direction and at right angles to the northern curb line of west Locust Street, aforesaid, sixty-tour and zero humdrasdtbs (64.00) feet, more Or 1098, to the line of land now or formerly of Jahn E. Clint; thence along the lies of land now or formerly of Jobn E. Clint, South 71 degrges 0 minutes oo seconds west, seventeen and lofty hundredthe. (17.511) faaAt:, mon Pr less, to the eastern line of the public alley, aforesaid; thence along the eastern lime of the publ.v alley, South 19 degrees 00 minutes 00 seconds East, sixty-four and zero hundredths (64.00) feet, more or less, to a point on the northern curb line of West Locust street., afux*"id, the place of BBGINNTM. HAVING ERECT8D.THERBW the western one-half of a two and one-halt story double frame dwelling house, known and numbered as 10 Went Locust Street, Mechanicsburg, Pe=-Aylvaania. tX= AND s MM=.* =MtTMLESS, to all reservatioAs, restrictions, conditions, covenants, easements and rights of way of prior record. BEING KNOWN AS: 10 WEST LOCUST STREET, MECHANICSBURG, PA 17055 PROPERTY ID NO.: 16-23-0565-043A TITLE TO SAID PREMISES IS VESTED IN BARBARA A. SHEELY, MARRIED WOMAN BY DEED FROM DAVID A. BERNATOS, SINGLE PERSON DATED 2 / 2 7 / 0 4 RECORDED 3/1/04 IN DEED BOOK 261 PAGE 4396. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-1340 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due SOVEREIGN BANK, Plaintiff (s) From BARBARA A. SHEELY, (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 $75,421.61 L.L. $.50 Interest FROM 6/1/07 TO DATE OF SALE 12/5/07 - ONGOING PER DIEM OF $9.59 TO ACTUAL DATE OF SALE INCLUDING IF SALE IS HELD AT A LATER DATE -- $1,802.92 Atty's Comm % Due Prothy $2.00 Atty Paid $133.60 Other Costs Plaintiff Paid Date: JULY 23, 2007 (Seal) REQUESTING PARTY: Name MARK J. UDREN, ESQUIRE Address: UDREN LAW OFFICES, P.C. WOODCREST ROAD CENTER 111 WOODCREST ROAD, SUITE 200 CHERRY HILL, NJ 08003-3620 Attorney for: PLAINTIFF Telephone: 856-669-5400 L?FULY Supreme Court ID No. 04302 rte= OPP, Real Estate Sale # Ito On August 3, 2007 the Sheriff levied upon the defendant's interest in the real property situated in Mechanicsburg Borough, Cumberland County, PA Known and numbered as 10 West Locust Street, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 3, 2007 By: jo- " Real Esta Sergeant ?S L j Liti PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 STATE OF PENNSYLVANIA : COUNTY OF CUMBERLAND : ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 26, November 2 and November 9, 2007 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. REAL ESTATE SALE NO. 16 Writ No. 2007-1340 Civil Sovereign Bank vs. Barbara A. Sheely Atty.: Mark Udren DESCRIPTION ALL THAT CERTAIN house and lot of ground situate on the North side of West Locust Street, in the First Ward of the Borough of Mechanicsburg, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at the northern curb line of West Locust Street where it is intersected by the eastern line of a public alley; thence along the north- ern curb line of said West Locust Street, North 71 degrees 00 minutes 00 seconds East, seventeen and fifty hundredths (17.50) feet, more or less, to a point on said curb line where it is intersected by the center line of the partition wall, extended, of the q___ Coyne, SWORN TO AND SUBSCRIBED before me this 9 day of November. 2007 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUM8ERLAND COUNTY My Commission Expires Apr 28, 2010 The Patriot-News Co. . 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE thee Patr'toototXews 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: 11r?E ?rbA1? ?tY 3tlwlwy07.11rwwil1i lhlrw ?, 10/24/07 a> 10/31/07 11107/07 ? AI1.1HA1" C?1`A? Lome sad lot a?` go?md ' ...... .......... situ* on & Nc& side of West Lecost S'bea, r in the Fau WW of the 'Baao* of Sworn to an , s scribed befo e e this 30 day of November, 2007 A. D. ? Cmbedmd boaslod ad din ' follows. x BEG?Il+RriG the WrOm cab iw o(VW a Locm Sttt what it is w=cW by the Notary Public P eastae hm 0( '11 pubic +W7: *MW sk" tlu ;r DW&M emb lie of ata i VYwt Lows[ Reef, N Notch 71 *gm * =Mft 00 aeMO&I Beat, I WVeahm aad My bm&Wft (17 f9K i COMMONWEALTH OF PENNSYLVANIA m malewtoApowons wvxbw wbtaeit is Wmected by Me caoter No d[ Itie paatilica Nobattal Seal wail, ammo ed, of the two and awM (212) sassy. double him daelbg hme,,WhA is James L. Clark, Notary public CRY Of Harrisburg, Dauphin Count aecled no de prmism hook cowm* and on y MY COrnmbsion Expires June 2, 2008 the bad aradta* Aawd ar Aw %1t, now or fomb* d#ilap D. ft" miL Member, Pennsylvania Asaoeladon of Notaries RdLdd bb WiktilatwaaieVtttta"ralio;e# said1 wr shi tie taw air two*