HomeMy WebLinkAbout07-1572IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
NO.: 017 -IS'U
Plaintiff,
vs.
YUN-TAO LAI,
Defendant.
TO DEFENDANT
You are hereby notified to plead to the ENCLOSED
COMPLAINT WITHIN TWENTY (20) DAYS
FROM S RVICE HEREOF
O AINTIFF
TYPE OF PLEADING
CIVIL ACTION-COMPLAINT
IN MORTGAGE FORECLOSURE
FILED ON BEHALF OF PLAINTIFF:
American Home Mortgage Acceptance Inc.,
d/b/a American Home Mortgage Servicing,
Inc.
COUNSEL OF RECORD FOR THIS
PARTY:
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
4600 Regent Blvd., Suite 200
Irving, TX 75063
AND THE DEFENDANT IS
205 Eldridge Street #213
New York, NY 10002
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
200 East Orange St Bor of Shipnensburg
(CITY, BORO, TOWNSHIP) (WARD)
R
0
Joseph A. Fidler, Esquire
Pa. I.D. #87325
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC., NO.
Plaintiff,
VS.
YUN-TAO LAI,
Defendant.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166 or Toll Free (800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN HOME MORTGAGE
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
CIVIL DIVISION
NO. 0 7- 15-72 &,?/ -r,c,
Plaintiff,
VS.
YUN-TAO LAI,
Defendant.
CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE
American Home Mortgage Acceptance, Inc., d/b/a American Home Mortgage Servicing,
Inc., by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as
follows:
1. The Plaintiff is American Home Mortgage Acceptance, Inc., d/b/a American
Home Mortgage Servicing, Inc., which has its principal place of business at 4600 Regent Blvd.,
Suite 200, Irving, Texas 75063 and is authorized to do business in the Commonwealth of
Pennsylvania.
2. The Defendant, Yun-Tao Lai, is an individual whose last known address is 205
Eldridge Street #2B, New York, New York 10002.
3. On or about June 16, 2004, Defendant through her Agent, Roland, Oris, executed
an Adjustable Rate Note ("Note") in favor of Plaintiff, in the original principal amount of
$216,000.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and
made a part hereof.
4. On or about June 16, 2004, as security for payment of the Note, Defendant
through her Agent, Roland, Oris, made, executed and delivered to, Plaintiff, a Mortgage in the
original principal amount of $216,000.00 on the premises hereinafter described, the Mortgage
being recorded in the Office of the Recorder of Deeds of Cumberland County on July 1, 2004 in
Mortgage Book Volume 1871, Page 4645. A true and correct copy of the Mortgage, containing
a description of the premises subject to the Mortgage ("Mortgaged Premises"), is marked Exhibit
"B", attached hereto and made a part hereof.
Defendant is the record and real owner of the aforesaid Mortgaged Premises.
6. Defendant is in default under the terms of the Mortgage and Note for, inter alia,
failure to pay the monthly installments of principal and interest when due. Defendant is due for
the November 1, 2006 payment.
7. On or about January 27, 2007, Defendant was mailed a Notice of Homeowner's
Emergency Mortgage Assistance Act of 1983 ("Act 91 Notice") in compliance with the
Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended.
8. Plaintiff was not required to send Defendant a separate Notice of Intention to
Foreclose Mortgage in compliance with Act 6 of 1974, 41 P. S. §101, et seq., as a result of
sending the Act 91 Notice.
9. The amount due and owing Plaintiff by Defendant is as follows:
Principal $210,822.14
Interest to 2/28/07 $ 6,868.33
Late Charges to 2/28/07 $ 553.32
Escrow Balance to 2/28/07 $ (2,222,38)
Attorney's fees $ 1,250.00
Title Search, Foreclosure and
Execution Costs $ 2,500.00
TOTAL $219,771.41
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $219,771.41 with interest thereon at the rate of $45.49 per diem from February 28, 2007, and
additional late charges, additional reasonable and actually incurred attorney's fees, plus costs
(including increases in escrow deficiency) and for foreclosure and sale of the Mortgaged
Premises.
GRENEN & BIRSIC, P.C.
A.
Att6meys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
EXHIBIT "A"
r^'?
TABLE RATE NOTE
(LIBOR Index - Rate Caps)
THIS NOTE CONTAINS PI
AND MY MONTHLY PAYA
CAN CHANGE AT ANY ONE
June 16, 2004
fate[
200 EAST ORANGE STREET,
1. BORROWER'S PROMISE TO PA
In return for a loan that 1 have receive
"Principal"), plus interest, to the order of
I will make all payments under this Note
I understand that the Lender may tra
to receive Payments under this Note is ce
2. INTEREST
Interest will be charged oo unpaid
rate of 6.875 9b.
The interest rate required by this Se
described in Section 7(B) of Ibis Note.
3. PAYMENTS
(A) Time and Place of Payments
I will pay principal and interest by msl
I will make my monthly payments on
I will make these payments every in
described below thatI may owe under th.
applied to interest before Principal. If, on
will Pay those amounts in full on that date,
I will make my monthly payments at
3050, Columbia, MD 21045-60;
or at a different place if required by the N(
(B) Amount of My Inllhd Monthly P
Each of my initial monthly payments w
(C) Monthly Payment Changes
Changes in my monthly payment will
r
The Note Holder will determine my now h
4 of this Note.
DOC 0:319991
MULTISTATE ADJUSTABLE RATE NOTE
Vb-615N haomh unjh 0003
VMr MORTOAGO FORMS. (MMn.7A,
ry. , ate t"NLI,:
'IONS ALLOWING FOR CHANGES IN MY INTEREST RAPE
THIS NOTE LIMITS THE AMOUNT MY INTEREST RAPE
E AND THE MAXIMUM RATE I MUST PAY.
KING OF PRUSSIA Pennsylvania
(COyl (Stale)
# PA 17257
IPropeny Addressl
I Promise to pay U.S.$ 216, 000.00
nc?led
c Leader. The Leader isAmerican Home Mortgage Acceptance, s amount
the form of cash, check or money order.
:r this Note. The Lender or anyone who takes this Note by transfer and who is entitled
I the "Note Holder."
:/pal until the full amount of Principal has been paid. I will pay interest at a yearly
interest rate I will pay may change in accordance with Section 4 of this Note.
2 and Section 4 of this Note is the rate 1 will pay both before and after any default
ig a payment every month.
first day of each month beginning on August 1, 2004
th until 1 have paid all of the principal and interest and any other charges
Note. Each monthly payment will be applied as of its scheduled due date and will be
July 1, 2034 , I still owe amounts under this Note, 1
'high is called the "Maturity Date."
Att: Payment Processing, Mail Stop D1-11, P.O. Box
Holder.
be in the amount of U.S.$ 1,418,97 . Ibis amount may change.
changes in the unpaid principal of my loan and in the interest rate that 1 must pay.
rate and the changed amount of my monthly payment in accordance with Section
APPL #;0000589877
INDEX . Music Family . Freddie Mac UNIFORM INSTRUMENT Form 3590//01
11111111111
? I
1 n
4. INTEREST RATE AND MONTHL
(A) Change Dates I PAYMENT CHANCES
The interest rate I will pay may change on the first day of July, 2006
month thereafter. Bach date on which my ' terest rate could change is called a "Change Date. and on that day every sixth
(B) The Index
Beginning with the first Change Date] my interest rate will be based dm an Index. The "Index" is the average of interbank
offered rates for six-month U.S. dollar-denominated deposits in the Loudon market ("LIBOR"), as published in 77m WaU Street
Journof. The most recent Index figure available as of the first business day of the month immediately preceding the month in which
the Change Date occurs is called the "Curl-91.d". "
If the Index is no longer available, th Note Holder will choose a new index that is based upon comparable information. The
Note Holder will give me notice of this cdtatice.
(C) Qdculallon of Changes ,
Before each Change Date, the Note er will calculate my new interest rate by adding Five
n
para.
then round the result of this addition to
Section 4(D) below
this rounded
I
points ( 5.000 %) to the Current Index. The Note Holder will
nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in
,
amount
The Note Holder will then determine I be my new interest rate until the next Change Date.
amount of the monthly payment that would be suff
t
i
that i am expected to owe at the Change ic
en
to repay the unpaid principal
Le in full on the Maturity Date at my new interest
i
The result of this calculation will be the rate
n substantial)
amount of my moo y equal payments.
Y Y payment.
(D) Lholls on Interest Rate Changes
The interest rate I am required to pay a the first Change Date will not be greater than
than 5.000 %. The
more than one percentage point (I%) fro 9.875 % or less
ter, my Interest rate will never be increased or decreased on any single Change Date by
the rate of interest I have been paying for the
di
will never be greater then prece
ng six months. My interest rate
.875
%.
(E) Effective Date of Changes I
My new interest rate will become effect
on the first monthly payment date after the ive on each Change Date. I will pay the amount of my new monthly payment beginning
linage Date until the amount of m
monthl
y
y payment changes again.
(F) Notice of Changes
The Note Holder will deliver or mail
before the effective date of any change. me a notice of soy changes in my interest rate and the amount of my monthly payment
,notice will include information required b
law to b
i
telephone number of a person who will y
e g
ven to me and also the tide and
er any question I may have regarding the notice.
5. BORROWER'S RIGHT TO PREP
I have the right to make payments of
"Prepayment." When I make a Prepaymen hincipal at any time before they are due. A payment of Principal only Is known as a
1 will tell the Note Holder in writing that 1 am doing so
1 ma
not
e
i
as a Prepayment if 1 have not made all the .
y
d
s
gnate a payment
cattily payments
Y P ymeats due under the Note
I may make a full Pre
Y payment or
Prepayments to reduce the amount of Prini?
th .
Prepayments without paying any Prepayment charge. The Note Holder will use my
ppaalI that I owe under this Note. However, the Note Holder ma
a
l
P
e accrued and unpaid interest on the Prep
Note. If I make a partial Prepayment
therms y
pp
y my
repayment to
ayment amount before applying my Prepayment to reduce the Principal amount of the
will be no chan
es i
th
d
,
agrees In writing to those changes. My pa g
n
e
ue dates of my monthly payments furless the Note Holder
' 1 Prepayment may reduce the amount of my monthl
a
ments
ft
h
fi
pate following my partial Prepayment. H
increase. y p
y
a
er t
e
rst Change
ever, any reduction due to my Partial Prepayment may be offset by an interest rate
6. LOAN CHARGES
If a law, which applies to this loan and
charges collected or to be collected in coju which sets maximum loan charges, is finally interpreted so that the interest or other loan
lion with this loan exceed the permitted limit
th
reduced by the amount necessary to redo s,
en: (a) any such loan charge shall be
the charge to the permitted limit; and (b) an
sums al
ead
ll
d
exceeded permitted limits will be refunded
under this Note or by making a direct y
r
y co
ecte
from me which
me. The Note Holder may choose to make this refund by reducing the Principal 1 owe
m
t t
prepayment, ea
o roe. If a refund reduces Principal, the reduction will be treated as a partial
a
DOC 1:319892
APPL 1:0000509877
??-a15N ryoos? Forty 35901101
e ryrrof4
7. BORROWER'S FAILURE TO PA'
(A) Late Charges for Overdue Pap
If the Note Holder has not received ib
the date it is due, I will pay a late charge
of my overdue payment of principal and u
(B) Default
If I do not pay the full amount of each
(C) Notice of Default
If I am in default, the Note Holder mi
date, the Note Holder may require me to
that I owe on that amount. That date mt
other means.
(D) No Waiver By Note Holder
Even if, at a time 1 am In default, the
Holder will still have the right to do so if
(r,
REQUIRED
Full amount of any monthly payment by the end of 15 calendar days after
the Note Holder. The amount of the charge will be 5.000 %
rest. 1 will pay this late charge promptly but only once on each late payment.
Payment oa the date it is due, l will be in default.
send me a written notice telling me that if I do not pay the overdue amount by a certain
y immediately the full amount of Principal which has not been paid and all the interest
be at least 30 days after the date on which the notice is mailed to me or delivered by
Holder does not require me to pay immediately In full as described above, the Note
in default at a later time.
(E) Payment of Note Holder's Costs im Expenses
If the Note Hokter has required me to fty in full as described above,. the Note Holder will have the right to be paid back by me
for all of its cows and expenses in enforclg this Note to the extent not prohibited by applicable law. Those expenses include, for
example, reasonable attorneys' fees. .
S. GIVING OF NOTICES
Unless applicable law requires a diff eat method, any notice that must be given to me under this Note will be given by
delivering it or by mailing it by first clam mail to me at the Property Address above or at a different address if 1 give the Note
Holder a notice of my different address.
Any notice that must be given to the lote Holder under this Note will be given by delivering it or by mailing it by first class
mail to the Note Holder at the address 31a in Section 3(A) above or at a different address if I am given a oolice of that different
address. fff
9. OBLIGATIONS OF PERSONS UNI
If more than one person signs this No
Note, including the promise to pay the fu
obligated to do these things. Any peraor
endorser of this Note, Is also obligated to
this Note against each person Individually
the amounts owed under this Note.
10. WAIVERS
1 stud any other person who has of
"Presentment" means the right to require
right to require the Note Holder to give no
11. UNIFORM SECURED NOTE
This Note is a uniform instrument wi
Holder under this Note, a Mortgage, Dee
protects the Note Holder from possible
Security Instrument describes bow and u
1 owe under this Note. Some of those one
DOC I;319893
dM41sN pm
THIS NOTE
each person is fully and personally obligated to keep all of the promises made in this
amount owed. Any person who is a guarantor, surety or endorser of this Note is also
who takes over these obligations, including the obligations of a guarantor, surety or
p OR of the promises made in this Note. The Note Holder may enforce is rights under
against all of us together. This means that any one of us may be required to pay all of
lions under. this Note waive the rights of Presentment and Notice of Dishonor.
Note Holler to demand payment of amounts due. "Notice of Dishonor" means the
to other persons that amounts due have not been paid.
`Brat variations in some jurisdictions. In addition to the protections given to the Note
of Tmst, or Security Deed (the "Security instrument% dated the same date as this Note,
sses which might result if I do not keep the promises that I make in this Note. That
er what conditions I may be required to make immediate payment in full of all amounts
doos are described as follows:
APPL %;0000589877
np3"r4
Form 35901/el
wows `/'?_
Transfer of the Property or a 4neflciai Interest in Borrower. If all or. any pan of the Property or any Interest is
the Property is sold or transferred (oF if Borrower is not a natural person and a beneficial interest in Borrower is sold or
transferred) without Lender's prior riuea consent, Leader may require immediate payment In full of all sums secured
by this Sccurity Instrument. Howev r, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law. Leader also shall am exercise this option if: (a) Borrower causes to be submitted to Leader information
required by Leader to evaluate the in Wed transferee as if a new ban were being made to the transferee; and (b) Lender
reasonably determines that Lender's rity will not be impaired by the ban assumption and that the risk of a breach of
any covenant or agreement in this S ity Instrument is acceptable to Lender.
To the extent permitted by App ' le Law, Lender may charge a reasonable he as a condition to Lender's consent
to the loan assumption. Lender me also require the transferee to sign an assumption agreement that is acceptable to
Lender and that obligates the transfe a to keep all the promises and agreements made in the Note and in this Security
Instrument. Borrower will continue o be obligated under the Note and this Security Instrument unless Leader releases
Borrower in writing.
If Leader exercises the option to require immediate payment in full, Leoder'sball give Borrower notice of
acceleration. The notice shall provid a period of not less than 30 days from the date the notice is given in accordance
with Section 15 within which Borrm r must pay all sums secured by this Security Instrument. If Borrower fails to pay-
these sums prior to the expiration of , is period, Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on trrower.
WITNESS THE HAND(S) AND SEALS OF THE UNDERSIGNED.
YUN-TAO LAI (Seal)
-Borrower
-Borrower
(?H)
Borrower
B (Seal)
-Borrower
(Seal)
J
(Seal)
.B
orrowcr -Borrower
(Sea])
Borrower (Seal)
-Borrower
PAYTOTHEORDEROF
[Sign Original Only]
Form 35901/01
EXHIBIT "B"
Ti k ceruned, true
t copy of the
o and of recordation.
f1f
Home
Prepared By:
Samantha Schour
520 Broadhollow Road
Melville, NY
11747
I
Parcel Number:
i
33-34-2415-238
DEFINITIONS
Words used in multiple scCdo
3. 11, 13, 18, 20 and 21. Ctrl
in Section 16,
(A) "Security Instrument" a
together with all Riders to this
(B) "Borrower" is YUN-TA
Return To:
American Home Mortgage
520 Broadhollow Road
Melville, NY
11747
ISpaca Above Tale Ltoe For Recording Daial
MORTGAGE
Of this document are defined below and other words are defined in Sections
rules regarding the usage of words used in this document are also provided
FL this document, which Is dated June 16, 2004
meat.
AI
I
Borrower is the mortgagor undo' this Security Instrument.
(C)"Lender"is American ome Mortgage Acceptance, Inc.
Lender is a Corporation
DOC 11:317871 PENNSYLVANIA . Slagie Family FanaleA MAO/FrOddle Msc UNIFORM INSTRUMENT
4k-"A) MM
rep 1 a(10 Un21 0000 I
aauw:
Wr MORTaAOR FORMA . (WWII-7291 k
Form XV 1101
11111111111111
? I
s
5
k
ALTA Plain Language Commitment Or&., do.: 920682KP (200 E-Orange St -
Lai )
Page Number. I1 '
x
Order No: 920682KP (200 E-Orange St - Lai)
EXHIBrr'A'
All that certain lot of ground J'he frame dwelling house, used as apartments and other Improvements
thereon erected, situated in the rough of Shippensburg, Cumberland County, Pennsylvania, bounded
and described as follows:
Beginning at an iron pin at the In rsection of Prince Street and Orange Street, Shippensburg,
Cumberland County, Pennsyivan said point being 6 feet from the curb line of Prince Street and 7 feet
from the curb line of Orange Str ; thence along Orange Street, North 63 degrees 45 minutes East,
62.75 feet to an Iron pin; thence long land now or formerly of Fay Bitting, South 26 degrees 43 minutes
East, 92.6 feet to an Iron pin; the ce along land now or formerly Lee Angle, et ux, South 62 degrees 16
minutes West, 64.05 feet to an it n pin on Prince Street; thence along Prince Street and Orange Street,
the place of beginning.
Being in accordance with survey +d draft made by John H. Atherton, CE., December 1, 1950.
Said improvements being known 4 200 East Orange Street and 103 South Prince Street, Shippensburg.
Subject to all rights of way, condlons, easements, restrictions, and reservations of record.
BEING KNOW AS TAX PARCEL NU BER: 33-34-2415-238.
American Title Insurance Company
organized and existing under they
Lender's address is 538 Brol
of State of New York
llow Road, Melville, NY 11747
Leader is the mortgagee under t1is Security Instrument.
(D) "Note" means the promisao{Y Dote signed by Borrower and dated June 16
2004
The Note states that Borrower ,
oyes Lender Two Hundred Sixteen Th
ousand and No/100
@
(U.S. $216, 000.00
Payments and to pa
the debt i Dollars
plus interest. Borrower has promised to pay this debt in regular Periodic
II
y
n
(E) "Property" means the pr
" not later than July 1, 2034
rty that Is described below under the heading "Transfer of Ri
ht
i
Property. g
s
n the
(F) "Loam" means the debt ev
due under the Note, and all su aced by the Note, plus interest, any prepayment charges and late charges
due under this Securit
I
y
nstrument, plus interest.
(G) "Riders" means all Ride to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Bo ower [ch
k b
ec
ox as applicable):
Adjustable Rate Rider
Balloon Rider Condominium Rider Second Home Rider
Planned Unit Development Rider 1-4 Famil
Rider
VA Rider y
Bi
kl
P
???
wee
y
ayment Rider
fff Other(s) (specify)
(H) "Applicable Law" mean
ordinances and administrative all controlling applicable federal, state and local statutes, regulations,
Its and orders (that have the effect of law) as well
ll
non-appealable judicial opinions. as a
applicable final,
(1) "Community Association
charges that are Imposed on ues, Fees, and Assessments" means all dues, fees, assessments and other
orr
association or similar organiza ower or the Property by a condominium association, homeowners
(J) "Electronic Funds Transt
draft, or similar paper instrum " means any transfer of funds, other than a transaction originated by check,
t, which is initiated through an electronic terminal
t
l
h
computer, or magnetic tape so
account. Such term Incl
d ,
e
ep
onic instrument,
to order, instruct, or authorize a financial institution to debit or credit an
u
es,
transactions, transfers initiated
" ut is not limited to, point-of-sale transfers, automated teller machine
telephone, wire transfers, and automated clearingliouse transfers
(K)
Escrow items" means th .
items that are described in Section 3
(L) "Miscellaneous Proceeds"
any third party (other than in .
cans any compensation, settlement, award of damages, or proceeds paid by
nonce
ro
d
p
cee
f
s paid under the coverages damage to, or destruction of, the ?
Pro rty' (ti) condemnation or other taking of organ in Section 5) for (i)
g an
t
t
f
(iii) conveyance io lieu of coed
condition of the Property. o
y par
r
o
the Property;
nation; or (iv) misrepresentations of, or omissioas as to, the value and/or
(M) "Mortgage Insurance"
the Loan. ans insurance protecting Leader against the nonpayment of, or default on,
(N) "Periodic Payment" meat[
Note
plus (ii) an
amount
d the regularly scheduled amount due for (1) principal and interest under the
S
,
y
s un
ep ection 3 of this Security Instrument.
DOC 1:317872
A APPL 1:0000589677 LOAN 1:0000000000
6ilih:
) 0W-i hp 2.116
Form 3039 1101
(0) "RESPA" means the Reap
implementing regulation, Raguhl
or any additional or successor I
Security Instrument, "RESPA"
"federally related mortgage
under RESPA.
(P) "Successor in Interest of
that party has assumed Borrowe
TRANSFER OF RIGHTS IN TA
Istate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
at X (24 C.F.R. Part 3500), as they might be amended from time to time,
islation or regulation That governs the same subject matter. As used in this
fers to all requirements and restrictions that are imposed in regard to a
even U the Loan does not qualify as a "federally related mortgage loan"
rower" means any party that has taken title to the Property, whether or not
obligations under the Note and/or this Security Instrument.
PROPERTY
This Security Instrument secure to Lender: (t1) 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 N . For this purpose, Borrower does hereby mortgage, grant and convey to
Lender the following described perty located in the County
of Cumberland lTYVe of Recording Jwiadiaionl
SEE ATTACHED LEGAL DE RIPTION INemeotRewrdiagJuritdlaionl:
which currently has the address d
Shippensburg
("Property Address"):
TOGETHER WITH ell
appurtenances, and fixtures a
be covered by this Security 1
"Property."
200 EAST ORANGE STREET
(street]
[ChYl, Pennsylvania 17257 [Zip Code)
improvements now or hereafter erected on the property, and all easements,
x hereafter a part of the property. All replacements and additions shall also
tment. All of the foregoing 1s referred to in this Secur(ty Instrument as the
DOC 1;317873 APPL /:0000589877 p?J
( PA) tonal e?uw: _A?
r.1. 1.0 16 Form 3039 1101
BORROWER COVENAI
the right to mortgage, grant a
encumbrances of record. Born
claims and demands, subject to
THIS SECURITY INST:
covenants with limited variatic
property.
UNIFORM COVENANT;
1. Payment of Pdndpt
Borrower shall pay when due
prepayment charges and late ct
pursuant to Section 3. Paymen
currency. However, if any ehec
Security Instrument is returned
due under the Note and this Sec
by Lender: (a) cash; (b) money
provided any such check is tit
instrumentality, or entity; or (d)
Payments are deemed rece
such other location as may be d
Lender may return any payment
the Loan current. Lender may o
without waiver of any rights ben
the future, but Lender is not obill
Periodic Payment Is applied as
funds. Leader may bold such or
Borrower does not do so within
them to Borrower. If not applied
the Note immediately prior to
future against Lender shall reli
Instrument or performing the coZ. Application of Paymen
accepted and applied by Leader
Note; (b) principal due under th
each Periodic Payment in the or
late charges, second to any other
balance of the Note.
If Lender receives a pay
sufficient amount to pay any Is
late charge. If more than one Pe
Borrower to the repayment of tl{e
DOC #:317874
4100PA) towel
flu
that Borrower is lawfully seised of the estate hereby conveyed aad has
convey the Property and that the property is unencumbered, except for
r warrants and will defend generally the title to the Property against all
y encumbrances of record.
WENT combines uniform covenants for national use and non-uniform
by jurisdiction to constitute A uniform security instrument covering real
Borrower and Lender covenant and agree as follows:
Interest, Escrow Itemss, Prepayment Charges, and Late Chargesany.
e principal of, and interest on, the debt evidenced by the Note ead
rges due under the Note. Borrower shall also pay funds for Escrow items
due under the Note and this Security Instrument shall be made in U.S.
or other instrument received by Lender as payment under the Note or this
Leader unpaid, Lender may require that any or all subsequent payments
ity Instrument be made In one or more of the following forms, as selected
rder; (c) certified check, bank check, treasurer's check or cashier's check,
?wa upon an institution whose deposits are insured by a federal agency,
electronic Funds Transfer.
ved by Lender when received at the location designated in the Note or at
signaled by Lender in accordance with the notice provisions in Section 15.
it partial payment if the payment or partial payments are insufficient to bring
dept any payment or partial payment insufficient to bring the Loan current,
wider or prejudice to its rights to refuse such payment or partial payments in
aced to apply such payments at the time such payments are accepted. If each
f its scheduled due date, then Lender need not pay interest on unapplied
tpplied funds until Borrower makes payment to bring the Loan current. If
a reasonable period of time, Lender shall either apply such funds or return
wIler, such funds will be applied to the outstanding principal balance under
reclosure. No offset or claim which Borrower might have now or in the
e Borrower from making payments due under the Note and this Security
nants and agreements secured by this Security Instrument.
or Proceeds. Except as otherwise described in this Section 2, all payments
hall be applied in the following order of priority: (a) interest due under the
Note; (c) amounts due under Section 3. Such payments shall be applied to
a in which it became due. Any remaining amounts shall be applied first to
mounts due under this Security Instrument, and then to reduce the principal
nt from Borrower for a delinquent Periodic Payment which includes a
:harge due, the payment may be applied to the delinquent payment and the
dic Payment is outstanding, Lender may apply any payment received from
Periodic Payments if, and to the extent that, each payment can be paid in
APPL #:0000589877
wuw: CIO_
hp 4 d 16 Form 3039 1/01
full. To the extent that any ex
Periodic Payments, such execs
applied first to any prepayment
Any application of peyme
Note shall not extend or postpor
3. Funds for F4crow Iles
the Note, until the Note is paid
taxes and assessments and otht
encumbrance on the Property; (
for any and all insurance requin
or any sums payable by Bono
accordance with the provisions t
time during the term of the I
Assessments, if any, be escrowe
Borrower shall promptly furnisl
shall pay Leader the Funds for.
for any or all Escrow Items. Let
Escrow Items At any time. Any
shall pay directly, when and wt
Funds has been waived by Leos
payment within such time perior
to provide receipts shall for all pt
Instrument, as the phrase ,covei
Escrow Items directly, pursuant
Leader may exercise its rights 1
under Section 9 to repay to Lead
Items at any time by a notice y,,...Jl
Pay to Leader all Funds, and in
Lender may, at any time,
the Funds at the time specified
require under RESPA. Leader
reasonable estimates of expend'
The Funds shall be held in
or entity (including Leader, if
Lou Bank. Lender shall apply
RESPA. Lender shall not char
escrow account, or verifying
Applicable Law permits Leader
Law requires interest to be paid
earnings on the Funds. Borrowed
DOC /:317875
®0.6(PA) pm
iss exists after the payment is applied to the full payment of one or more
may be applied to any late charges due. Voluntary prepayments shall be
Piles and then as described in the Note.
P, insurance proceeds, or Miscellaneous proceeds to principal due under the
the due date, or change the amount, of the Periodic Payments.
Borrower shall pay to Lender on the day Periodic Payments are due under
full, a sum (the "Funds") to provide for payment of amounts due for: (a)
items which can attain priority over this Security Instrument as a lien or
leasehold payments or ground rents on the Property, if any; (c) premiums
by Leader under Section 5; and (d) Mortgage Insurance premiums, if any,
rer to Leader in lieu of the payment of Mortgage Insurance premiums in
t Section 10. These items arc called "Escrow Items. "At origination or at any
pan, Leader may require that Community Association Dues, Fees, and
by Borrower, and such dues, fees and assessments sball be an Escrow Item.
to Leader all notices of amounts to be paid under this Section. Borrower
iscrow Items unless Leader waives Borrower's obligation to pay the Funds
ier may waive Borrower's obligation to pay to Leader Funds for any or all
uch waiver may only be in writing. In the event of such waiver, Borrower
:re payable, the amounts due for any Escrow Items for which payment of
:r and, if Leader requires, shall furnish to Lender receipts evidencing such
as Lender may require. Borrower's obligation to make such payments and
rposes be deemed to be a covenant and agreement contained in this Security
ant and agreement" is used in Section 9. If Borrower is obligated to pay
3 a waiver, and Borrower fails to pay the amount due for an Escrow Item,
der Section 9 and pay such amount and Borrower shall then be obligated
:r any such amount. Lender may revoke the waiver as to any or all Escrow
a in accordance with Section 15 and, upon such revocation, Borrower shall
ch amounts, that are then required under this Section 3.
Ilect and bold Funds in an amount (a) sufficient to permit Lender to apply
rider RESPA, and (b) not to exceed the maximum amount a lender can
call estimate the amount of Funds due on the basis of current data and
:s of future Escrow Items or otherwise in accordance with Applicable Law.
institution whose deposits are insured by a federal agency, instrumentality,
ier is an institution whose deposits are so insured) or in any Federal Home
e Funds to pay the Escrow Items no later than the time specified under
Borrower for holding and applying the Funds, annually analyzing the
Escrow Items, unless Lender pays Borrower interest on the Funds and
make such a charge. Unless an agreement is made in writing or Applicable
t the Funds, Lender shall not be required to pay Borrower any interest or
nd Leader can agree in writing, however, that interest shall be paid on the
APPL /:0000589877
WW:
Q?
PW 3 Of 16 Bonn 3039 1/01
Funds. Lender shall give to Bt
RESPA.
If there is a surplus of
Borrower for the excess funds
defined coder RESpA, Leader
Lender the amount necessary monthly payments. If there is a
notify Borrower as required by
the deficiency in accordance wi
upon payment in full of a
Borrower any Funds held by Le
4. Chsoges; Liens. Bo
attributable to the Property whi
ground rents on the property, if
extent that these items are
Borrower shall promptly
Borrower: (a) agrees in writing
Lender, but only so long as Bar
defends against enforcement of
enforcement of the lies while th
or (c) secures from the holder
Security Instrument. If Leader
priority over this Security In
days of the date on which that
actions set forth above in this
Leader may require Borr
service used by Leader in tonne
5. Property Iosuraoce. B
Property insured against loss by
hazards including, but not limi
insurance shall be maintained '
requires. What Lender requires
The insurance carrier providing
disapprove Borrower's choice,
Borrower to pay, in connection
art?catioa and tracking servic,
services and subsequent char
affect such determination or ce
imposed by the Federal Emerge
determination resulting from so
DOC 1:317676
d -RPA) (crop
without charge, an annual accounting of the Funds as required by
ads held in escrow, as defined under RESPA, Leader shall account to
accordance with RESPA. If there is a shortage of Funds held in escrow, as
all notify Borrower as required by RESPA, and Borrower shall pay to
to(make up the shortage in accordance with RESPA, but is no more than 12
iciency of Funds held is escrow, as defined under RESPA, Leader shall
JESPA, and Borrower shall pay to Lender the amount necessary to make up
th;RESPA, but in no more than 12 monthly payments.
11 sums secured by this Security Instrument, Lender shall promptly refund to
If er.
rrPtwer shall pay all taxes, assessments, charges, fines, and impositions
jh can attain priority over this Security Instrument, leasehold payments or
Y, and Community Association Dues, Fees, and Assessments, if any. To the
Items, Borrower shall pay them in the manner provided in Section 3.
ergo any lien which has priority over this Security Instrument unless
the payment of the obligation secured by the lien in a manner acceptable to
riwer is performing such agreement; (b) contests the lien in good faith by, or
t?e lien in, legal proceedings which in Lender's opinion operate to prevent the
proceedings are pending, but only until such proceedings are concluded;
the lien an agreement satisfactory to Lender subordinating the lien to this
termines that any part of the Property is subject to a lien which can attain
stnmtcut, Leader may give Borrower a notice identifying the lien. Within 10
tice is given, Borrower shall satisfy the lien or take one or more of the
a 4.
r to pay a one-time charge for a real estate tax verification and/or reporting
wa with this Loan.
over shall keep the improvements now existing or hereafter erected on the
fire, hazards included within the term "extended coverage," and any other
to, earthquakes and floods, for which Leader requires insurance. This
the amounts (Including deductible levels) and for the periods that Leader
rsuant to the preceding sentences can change during the term of the Loan,
the insurance shall be chosen by Borrower subject to Lender's right to
which right shall not be exercised unreasonably. Lender may require
lh this Loan, either; (a) a one-time charge for flood zone determination,
or (b) a one-time charge for flood zone determination sad certification
each time remappings or similar changes occur which reasonably might
cation. Borrower shall also be responsible for the payment of soy fees
y Managemeot Agency in connection with the review of any flood zone
jection by Borrower.
APPL #:0000589877
.tuna: 6-
r p ° °? to Form 3039 1101
i
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Leader's option arnd Borrower's expense, Lender is under no obligation to purchase any
particular type or amount of co rage. Therefore, such coverage shall cover Lender, but might or might not
protect Borrower, Borrower's ity in the Property, or the contents of the Property, against any risk, hazard
or liability and might provid greater or lesser coverage than was previously in effect. Borrower
acknowledges that. the cost of a insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could ?Vl obtained. Any amounts disbursed by Leader 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 d ursement and shall be payable, with such interest, upon notice from Lender
to Borrower requesting payment
All insurance policies req ed by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such poll , shall include a standard mortgage clause, and shall name Lender as
mortgagee and/or as an addido 1 loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Leader requires, orrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower ob ins any form of insurance coverage, not otherwise required by Lender, for
damage to, or destruction of, Property, such policy shall include a standard mortgage clause and shall
name Leader as mortgagee and/ r as an additional loss payee.
In the event of loss, Bono er shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not m 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 lessen . During such repair and restoratioo period, Leader shall have the right to
hold such insurance proceeds uo Leader has had an opportunity to inspect such Property to ensure the work
has been completed to Lender' satisfaction, provided that such inspection shall be undertaken promptly.
Lender may disburse proceeds r the repairs and restoration In a single payment or in a series of progress
payments as the work is comp led. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such tosu cc proceeds, Lender shall not be required to pay Borrower any Interest or
earnings on such proceeds. Fees or public adjusters, or other third parties, retained by Borrower shall cot be
paid out of the insurance pr s and shall be the sole obligation of Borrower. If the restoration or repair is
not economically feasible or Le tier's security would be lesseaed, the insurance proceeds shall be applied to
the sums secured by this Sety Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such insurance pr s shall be applied in the order provided for in Section 2.
If Borrower abandons the perty, 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 clt)un, then Leader may negotiate and settle the claim. The 30-day period will
begin when the notice is given In either event, or if Leader acquires the Property under Section 22 or
otherwise, Borrower hereby assa to Lender (a) Borrower's rights to any insurance proceeds in an amount
not to exceed the amounts uepai under the Note or this Security Instrument, and
rights (other than the right to (b) any other of Borrower's
y refund of unearned premiums paid by Borrower) under all insurance
policies covering the Property,' sofar as such rights are applicable to the coverage of the Property. Lender
may use the insurance proceeds ither to repair or restore the Property or to pay amounts unpaid under the
Note or this Security Instrument wbether or not then due.
DOC 1:317877 APPL {:0000589877 .c^?
(00A i Md., PA) i ry 7 d 16 Form 3039 1/01
f r)
6.Oceupancy. Borrower,
within 60 days after the execut
Borrower's principal residence
agrees in writing, which cause
exist which are beyond Borrow
7. Preservation, Mainte,
destroy, damage or impair the I
Whether or not Borrower is resi
the Property from deteriorating 1
Section 5 that repair or restoratic
damaged to avoid further dele
Connection with damage to, or
restoring the Property only if Le
for the repairs and restoration
completed. If the insurance or
Borrower is not relieved of Born
Lender or Its agent may
reasonable cause, Lender may ii
Borrower notice at the Nine of o9
g. Borrower's Loan Appj
Borrower or any persons or en
consent gave materially false,
provide Linder with material is
are not limited to, representation
residence.
9. Protection of Leader'
(a) Borrower fails to perform th
a legal proceeding that might
Security Instrument (such as
enforcement of a lien which
regulations), or (c) Borrower h
reasonable or appropriate to
Instrument, including protecda
the Property. Lender's actions
has priority over this Security in
protect its interest iA the Propert
to a bankruptcy proceeding. S
make repairs, change locks, re 1
building or other code viola
tio
Lender may take action under
obligation to do so. It is agreedMt
under this Section 9. Y
DOC 1:317878
4&-a(PA) (=0
i fall Occupy, establish, and use the Property as Borrower's principal residence
n of this Security Instrument and Shall Continue to occupy the Property as
or at least one year after the date of occupancy, unless Lender otherwise
shall not be unreasonably withheld, or unless extenuating circumstances
s control.
nee and Protection of the Property; Inspections. Borrower shall not
operty, allow the Property to deteriorate or commit waste on the Property,
ing in the Property, Borrower shall maintain the Property in order to prevent
t< decreasing in value due to its condition. Unless it is determined pursuant to
us not economically feasible, Borrower shall promptly repair the Property If
tora
don or damage. If insurance or condemnation proceeds are paid in
?he taking of, the Property, Borrower shall be responsible for repairing or
der has released proceeds for such
purposes. Lender may disburse. proceeds
Pa single payment or in a series of progress payments as the work is
demaatioa proceeds are not sufficient to repair or restore the Property,
rais obligation for the completion of such repair or restoration.
ke reasonable entries upon and inspections of the Property. If it has
aspect the interior of the Improvements on the Property. Lender shall give
1prior to such an interior inspectioa specifying such reasonable cause.
{ration. Borrower shalt be in default if, during the Loan application process,
!ties acting at the direction of Borrower or with Borrower's knowledge or
iisleadiag, or inaccurate information or statements to Leader (or failed to
wmation) in connection with the Loan. Material representations include, but
concerning Borrower's occupancy of the Property as Borrower's principal
Interest in the Property and Rights Under this Security Instrument. If
covenants and agreements contained in this Security Instrument, (b) there is
7tificantly affect Lender's Interest in the Property and/or rights under this
proceeding In bankruptcy, probate, for condemnation or forfeiture, for
ay attain priority over this Security Instrument or to enforce laws or
r abandoned the Property, then Lender may do and pay for whatever is
otect Lender's interest in the Property and rights under this Security
and/or assessing the value of the Property, and securing and/or repairing
include, but are not limited to: (a) paying any sums secured by a lien which
rument; (b) appearing in court; and (c) paying reasonable attorneys' fees to
and/or rights under this Security Instrument, including its secured position
ring On Property includes, but is not limited to, entering the Property to
ice or board up doors and windows, drain water from pipes, eliminate
or dangerous conditions, and have utilities turned on or off. Although
a Section 9, Leader does not have to do so and is not under any duty or
hat Lender incurs no liability for ant taking any or all actions authorized
APPL 1:0000589877
or uu:
r.p id 16 Form 3039 1/01
` '
P
Any amounts disbursed b Lender under this Section 9 shall become additional debt of Borrower
secured by -this Security lastnt eat. Tbese amounts shall bear interest at the Note rate from the date of
disbursement and shall be pay le, with such interest, upon notice from Leader to Borrower requesting
payment.
If this Security Iastrumeot on a leasebold, Borrower shall comply with all the provisions of the kase.
If Borrower acquires fee title to# tbe Property, the iaasebold and the fee title shall not merge unless Leader
agrees to the merger in writing. I
10. Mortgage Insurance. f Leader required Mortgage Insurance as a Condition of making the Loan,
Borrower shall pay the premiuts required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance covers required by Leader ceases to be available from the mortgage insurer that
previously provided such m3Uu ce and Borrower was required to make separately
designated toward the premiums for Mor lnsureoce, Borrower shall payments
substantially equivalent to the Insurance PnY the premiums required to obtain n coverage
o to
the cost to Borrower of the M? previously in effect, at a cast substantially equivalent
4age Insurance previously in effect, from an alternate mortgage insurer
selected by Leader. If substand y equivalent Mortgage Insurance coverage is not available, Borrower shall
continue to pay to Lender the a unt of the separately designated payments that were due when the insurance
coverage ceased to be in effect. ader will accept, use and retain these payments as a non-refundable loss
reserve in lieu of Mortgage lose ce. Such loss reserve shall be non-refundable, notwithstanding the fact that
the Loan is ultimately paid in , and Lender shall act be required to pay Borrower any interest or earnings
on such loss reserve. Leader car no longer require loss reserve payments if Mortgage Insurance coverage (in
the amount and for the period th t Lender requires) provided by an insurer selected by Leader again becomes
available, is obtained, and Lende requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required ortgage Insurance as a condition of making the Loan and Borrower was
required to make separately d grated payments toward the premiums for Mortgage Insurance, Borrower
shall pay the premiums required maintain Mortgage Insurance in effect, or to provide a noo-refundable loss
reserve, until Lender's requirem t for Mortgage Insurance ends in accordance with any written agreement
between Borrower and Lender vMing for such termination or until termination is required by Applicable
Law. Nothing in this Section 10ffects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance rein sea Lender (or any entity that purchases the Note) for certain losses it may
iacur if Borrower does not repay a Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evalue their total risk on all sucb insurance in force from time to time, and may
enter Into agreements with other that share or modify their risk, or reduce losses, These
agreements on terms and Conditions that are tisfactor to the mortgage insurer and the other party (or parties) ) to to these
aVccmeats y require the mortgage insurer to make payments using any source of funds
that the mortgage insurer may ve available (which may include funds obtained from Mortgage Insurance
premiums).
As a
other entity, or any affiliate of y of thenfooregofinpurchaser , aceiof the Note, ve (directlyanother
indirectly) amoyuntreinsurer, any
s that derive
from (or might be Characterized a) a portion of Borrower's payments for Mortgage Insurance, in exchange
for sharing or modifying the m tgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of Leader takes a shay of the Insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangemeut is often rmed "captive reinsurance." Further:
(a) Any such agreement will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any o er terms of the Loan. Such agreements will not Increase the amount
Borrower will owe for Mori Insurance, and they will not entitle Borrower to any rebnd.
DOC l:317879 APPL /:0000589877
®-6(PA) PM Wagn
at M1g 9W 16 Form 309 UOl
(b) Any such agreement
Mortgage Insurance under tb
include the right to receive i
Insurance, to have the Morlg#
Mortgage Insurance premium
11. Assignment of Mim
assigned to and shall be paid to
If the Property is damaged
Property, if the restoration or r
such repair and restoration per
Leader has had an opportunity
satisfaction, provided that such
restoration in a single disbursen
agreement is made in writing or
Leader shall not be required to 1
restoration or repair is cot coon
Proceeds shall be applied to the
excess, if any, paid to Boriowct
Section 2.
In the event of a total takh
shall be applied to the sums sea
any, paid to Borrower.
In the event of a partial to
value of the Properly immediate]
than the amount of the sums a
destruction, or loss in value, unie
Security Instrument shall be n
following fraction: (a) the total a
or loss in value divided by (b) I
destruction, or loss in value. Any
In the event of a partial Q
value of the Property immediall
amount of the stuns secured i
Borrower and Leader otherwise'
secured by this Security Instrumc
If the Property is abandon
Party (as defined in the next sea
to respond to Lender within 30
apply the Miscellaneous Proceed
Security Instrument, whether or
Miscellaneous Proceeds or the
Proceeds.
Borrower shall be in defy
Leader's judgment, could result
in the Property or rights under
has occurred, reinstate as pro
vlid
ruling that, in Lender's iudtam
DOC /:317880
Ck-dit) (Dash
IF,
)will not affect the rights Borrower has - if any - with respect to the
homeowners Protection Act of 1998 or any other law. These rights may
ain disclosures, to request and obtain cancellation of the Mortgage
Insurance terminated aulomalically, and/or to receive a refund of any
that was unearned at the time of such cancellation or taarinatlon.
olaneous Proceeds-, Forfeiture. All Miscellaneous Proceeds are hereby
ender.
{such Miscellaneous Proceeds shall be applied to restoration or repair of the
pair is economically feasible and Lender's security is not Icasened. During
d, Lender shall have the right to hold such Miscellaneous Proceeds until
Inspect such Property to ensure the work has been completed to Lender's
ispcaloo shall be undertaken promptly. Lender may pay for the repairs and
at or in a series of progress payments as the work Is completed. Unless an
kpplicable Law requires interest to be paid on such Miscellaneous Proceeds,
ty Borrower any interest or earnings on such Miscellaneous Proceeds. If the
mdcally feasible or Leader's security would be lessened, the Miscellaneous
alms secured by this Security Instrument, wbether or not then due, with the
Such Miscellaneous Proceeds shall be applied in the order provided for is
1, destruction, or loss in value of the Property, the Miscellaneous Proceeds
'ed by this Security lastrument, whether or not then due, with the excess, if
ing, destruction, or loss in value of the Property in which the fair market
before the partial taking, destruction, or loss in value is equal to or greater
cured by this Security Instrument immediately before the partial taking,
s Borrower and Lender otherwise agree in writing, the sums secured by this
lured by the amount of the Miscellaneous Proceeds multiplied by the
count of the sums secured immediately before the partial taking, destruction,
e fair market value of the Property immediately before the partial taking,
7alance shall be paid to Borrower.
rag, destruction, or loss in value of-the Property in which the fair market
y before the partial taking, destruction, or loss in value is less than the
nediately before the partial taking, destruction, or loss in value, unless
gree in writing, the Miscellaneous Proceeds shall be applied to the sums
whether or not the sums are then due.
by Borrower, or if, after notice by Lender to Borrower that the Opposing
ace) offers to make an award to settle a claim for damages, Borrower fails
ays after the date the notice is given, Leader is authorized to collect and
:-,tier to restoration or repair of the Property or to the sums secured by this
al then due. "Opposing Party" means the third party that owes Borrower
y against whom Borrower has a right of action in regard to Miscellaneous
if any action or proceeding, whether civil or criminal, is begun that, in
forfeiture of the Property or other material impairment of Leader's interest
Security Instrument. Borrower can cure such a default and, if acceleration
in Section 19, by causing the action or proceeding to be dismissed with a
precludes forfeiture of the Property or other material impairment of
APPL #:0000589877
nn 10 art 16 Form 3039 1/01
Lender's interest in the Property
for damages that are attributable
and shall be paid to Lender.
All Miscellaneous Proceed;
In the order provided for in Seal
12. Borrower Not Rehr
payment or modification of ama
to Borrower or any Successor in
any Successors In Interest of Ba
Successor in Interest of Borrows
of the sums secured by this Senj
any Successors in Interest of
including, without limitation,
Interest of Borrower or in am
exercise of any right or remedy-1
10
13. John and Several L
agrees that Borrower's obliga '
co-signs this Security Instrumen
Instrument only to mortgage, gr
Security instrument; (b) is cot
(c) agrees that Lender and
aecommadations with regard to
consent.
Subject to the provisions o
obligations under this Security
Borrower's rights and beaefi
Borrower's obligations and liab i
writing. The coveaaals and a
20) and benefit the successors a
14. lAm Charges. Lead
Borrower's default, for the pu
Security Instrument, including,
regard to any other fees, the a c
to Borrower shall not be cwnstru
that are expressly prohibited by
If the Loan is subject to a ,
that the interest or otter loan
permitted limits, then; (a) any su
to the permitted limit; aad (b) y
will be refunded to Borrower,
the Note or by making a direct' i
treated as a partial prepayment
provided for under the Note). Bo F
will constitute a waiver of any right
WC /:317881
-d(PA) (bang
W.'
r rights under this Security Instrument. The proceeds of any award or claim
to the impairment of Leader's Interest in the Property are hereby assigned
that are not applied to restoration or repair of the Property shall be applied
Do 2.
W; Forbearvince By Lender Not a Waiver. Extension of the time for
? izaton of the sums secured by this Security Instrument granted by Lender
laterest of Borrower shall not operate to release the liability of Borrower or
rower. Leader shall not be required to commence proceedings against any
t or to refuse to extend time for payment or otherwise modify amortization
rity Instrument by reason of any demand made by the original Borrower or
orrower. Any forbearance by Leader in exercising any right or remedy
)der's acceptance of payments from third persons, entities or Successors in
its less than the amount then due, shall not be a waiver of or preclude the
Ility; Co-signers; Successors and Assigns Bound. Borrower covenants and
as and liability shall be joint and several. However, any Borrower who
but does not execute the Note (a "co-signer"): (a) is co-signing this Security
it and convey the co-signer's interest in the Property under the terms of this
rsonally obligated to pay the sums secured by this Security Instrument; and
F other Borrower can agree to extend, modify, forbear or make any
he terms of this Security Instmmeot or the Note without the co-signer's
Section 18, any Successor in Interest of Borrower who assumes Borrower's
Instrument in writing, and is approved by Leader, shall obtain all of
under this Security Instrument. Borrower shall cent be released from
ty under this Security Instrument unless Leader agrees to such release In
nents of this Security Instrument shall bind (except as provided in Section
assigns of Leader.
may charge Borrower fees for services performed in connection with
'se of protecting Leader's interest to the Property and rights under this
t not limited to, attorneys' fees, property inspection and valuation fees. In
cc of express authority in this Security Instrument to charge a specific fee
as a prohibition on the charging of such fee. Lender may not charge fees
t Security Instrument or by Applicable Law.
v which sets maximum loan charges, and that law is finally interpreted so
rges collected or to be collected in oonneaioa with the Loan exceed the
loan charge shall be reduced by the amount necessary to reduce the charge
sums already collected from Borrower which exceeded permitted limits
fer may choose to make this refund by reducing the principal owed under
tyment to Borrower. If a refund reduces principal, the reduction will be
ithout any prepayment charge (whether or not a prepayment charge is
ewer's acceptance of any such refund made by direct payment to Borrower
of action Borrower might have arising out of such overcharge.
APPL 1:0000589877
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15. Notices. All notices give by Borrower or Lender in connection with this Security Instrument must
be in writing. Any notice to Borr, r in connection with this Security instrument shall be deemed to have
been given to Borrower when m fled by first class mail or when actually delivered to Borrower's notice
address if scat by other means. otice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requr otherwise. The notice address shall be the Property Address unless
Borrower has designated a su ute notice address by notice to Lender. Borrower shall promptly notify
Leader of Borrower's change of dress. If Lander 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 addresd under this Security Instrument at any one time. Any notice to Leader shall
be given by delivering it or by npftg it by first class mail to Lender's address stated herein unless Lender
bas designated another address bAnotice to Borrower. Any notice in connection with this Security instrument
shall not be deemed to have been ven to Lender until actually received by Lender. If any notlcc required by
this Security Instrument is also uired under Applicable Law, the Applicable Law requirement will satisfy
the corresponding requirement r this Security Instrument.
16. Governing Law; Seve bility; 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 Im eat are subject to any requirements and limitations of Applicable Law.
Applicable Law might explicitly r implicitly allow the parties to agree by contract or it might be silent, but
such silence shall not be coo ao a prohibition against agreement by contract. In the event that any
provision or clause of this Sever ty Instrument or the Note conflicts with Applicable Law, such conflict shall
not affect other provisions of ? is 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 ve ' and (c) the word "may" gives sole discretion without any obligation to Lathe
any action.
17. Borrower's Copy. Bo rower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Pro rty or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" m any legal or beneficial interest in the Property, including, but not limited to,
those beneficial interests transf red in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which ' the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the P party or any Interest in the Property is sold or transferred (or if Borrower is
not a natural person and a bene fption, ial interest in Borrower is sold or transferred) without Lender's prior written
consent, Leader may require mediate payment in full of all sums secured by this Security Instrument.
However, this option shall not exercised by Lander if such exercise is prohibited by Applicable Law.
If Lander exercises this Leader shall give Borrower notice of acceleration. The notice shall
provide a period of not less 30 days from the date the notice is given in accords= with Section 15
within which Borrower must all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration f this period, Lander may invoke any remedies permitted by this Security
Instrument without further no or demand on Borrower.
19. Borrower's Right o Reinstate After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right have enforcement of this Security Instrument discontinued at any time prior
to the earliest of. (a) five da before sale of the Property pursuant to any power of sale contained In this
Security Instrument; (b) such er period as Applicable Law might specify for the termination of Borrower's
right to reinstate; or (c) eat of a judgment enforcing this Security Instrument. Those conditions are that
Borrower: (a) pays Lander all s which then would be due under this Security Instrument and the Note as
if no acceleration had occuu ; (b) cures any default of any other covenants or agreements; (c) pays ull
DOC 1:317882 AM 1:0000589877
46d.k?
6M -6(PA) (aa>n P.O. 12 d 16 Form 3039 1101
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expenses Incurred in enforcing
fees, Property inspection and v
interest in the Property and rig
reasonably require to assure thi
and Borrower's obligation to P
Lender may require that Borrow
forma, as selected by Leader: (i
cashier's check, provided any at
agency, instrumentality or entit
Security Instrument and oblige
occurred. However, this right to
20. Sale of Note; Change
Note (together with this Security
A sale might resultia a change
due under the Note and this &
under the Note, this Security Ira
the Loan Servicer unrelated to a
given written notice of the cha
address to which payments sbou
notice of transfer of servicing. If,
than the purchaser of the Note,;
Loan Servicer or be tmasferred'
unless otherwise provided by the
Neither Borrower not Lei
individual litigant or the membe
Instrument or that alleges that th
this Security Instrument, until su
compliance with the requiremen
reasonable period after the givin
period which must elapse before
for purposes of this paragraph.
to Section 22 and the notice of
satisfy the notice and opporhmit
21. Hazardous Substan
substances defined as toxic or l
following substances: gasolineii'l
herbicides, volatile solvents, "Environmental Law" means f
to health, safety or environmremedial action, or removal acmeans a condition that can cauDOC 1:317883
( b(PA) MM
I, Security instrument, including, but not limited to, reasonable attorneys'
lion fees, and other fees incurred for the purpose of protecting Lender's
under this Security Instrument; and (d) takes such action as lender may
Leader's interest in the Property and rights under this Security instrument,
the sums severed by this Security instrument, shall continue unchanged.
r pay such reinstatement sums and expenses in one or more of the following
cash; (b) money order; (c) certified check, bank check, treasurer's check or
Ch check is drawn upon an institution whose deposits are insured by a federal
or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this
bns secured hereby. shall remain fully effective as if no acceleration had
teiostate shall not apply in the case of acceleration under Section 18,
q Loan Servieer; Notice of Grievance. The Note or, a partial interest In the
Instrument) can be sold one or more times without prior notice to Borrower,
a the entity (known as the "Loan Servicer") that collects Periodic Payments
verity Instrument and performs other mortgage loan servicing obligations
trument, and Applicable Law. There also might be oat or more changes of
tale of the Note. If there is a change of the Loan Servicer, Borrower will be
gc which will state the name and address of the new Loan Servicer, the
I be made and any other information RESPA requires in connection with a
the Note is sold and thereafter the Loan is serviced by a Loan Servicer other
the mortgage loan servicing obligations to Borrower will remain with the
to a successor Loan Servicer and are not assumed by the Note purchaser
Vote purchaser.
er may commence, join, or be joined to any judicial action (as either an
A a class) that arises from the other party's actions pursuant to this Security
other party has breached any provision of, or any duty owed by reason of,
t Borrower or Lender has notified the other party (with such notice given in
of Section 15) of such alleged breach and afforded the other party hereto a
of such notice to take corrective action. If Applicable Law provides a time
ertain action can be taken, that time period will be deemed to be reasonable
s notice of acceleration and opportunity to cure given to Borrower pursuant
cccleration given to Borrower pursuant to Section 18 shall be deemed to
take corrective action provisions of this Section 20.
As used in this Section 21: (a) "Hazardous Substances" are those
rardous substances, pollutants, or wastes by Environmental Law and the
rosene, other flammable or toxic petroleum products, toxic pesticides and
pals containing asbestos or formaldehyde, and radioactive materials; (b)
rl laws and laws of the jurisdiction where the Property is located that relate
protection; (c) "Environmental Cleanup" includes any response action,
as defined in Environmental Law; and (d) an "Environmental Condition"
Dntribute to, or otherwise trigger an Environmental Cleanup.
APPL #:0000589877
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Borrower shall not cause r permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to role any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, a thing affecting the Property (a) that is in violation of any Environmental
Law, (b) which creates an Eavi nmental Condition, or (c) which, due to the presence, use, or release of a
Hazardous Substance, creates a edition that adversely affects the value of the Property. The preceding two
sentences shall not apply to th presence, use, or storage on the Property of small quantities of Hazardous
Substances that are generally r ized to be appropriate to normal residential uses and to maintenance of
the Property (including, but not lted to, hazardous substances Ia consumer products).
Borrower shall promptly give Leader written notice of (a) any investigation, claim, demand, lawsuit or
other action by any govemme I 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 Su ace, and (c) any condition caused by the presence, use or release of a
Hazardous Substance which adv rsely affects the value of the Property. If Borrower learns, or is notified by
any governmental or regulatory uthority, or any private party, that any removal or other remediation of any
Hazardous Substance affecting Property is necessary, Borrower shall promptly take all necessary remedial
actions in accordance with Eavi onmeatal Law. Nothing herein shall create any obligation on Leader for an
Environmental Cleanup.
NON-UNIFORM COVEN Borrower and Lender further covenant and agree as follows:
22. Aculerallon; Remedi Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any emmt or agreement In this Security Instrument (but not prior to
acceleration under Section 19 quiess Applicable Law provides otherwise). Lender shall notify Borrower
of, among other things: (a) th default; (b) the action requited to cure the default; (c) when the default
must be cured; and (d) that lure to cure the default as specified may result in acceleration of the
sums secured by this Security natrument, foreclosure by Judicial proceeding and sale of the Properly.
Lender shall further Inform Burrower 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. It the default Is not cured as specified, Lender at its option may require
Immediate payment in Nil of sums secured by this Security Instrument without further demand and
may foreclose this Security 1 trument by Judicial proceeding. Lender shall be entitled to collect all
expenses Incurred In pursalog the remedies provided in this Section 22, Including, but not limited to,
attorneys' fees and costa of ti evidence to the extent permitted by Applicable Law.
23. Release. Upon payme of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall to Into and become void. After such occurrence, Lender shall discharge and
satisfy this Security instrument. rrower shall pay any recordation costs. Lender may charge Borrower a fee
for releasing this Security lastru cut, but only if the fee is paid to a third party for services rendered and the
charging of the fee Is permitted der Applicable Law.
24. Waivers. Borrower, the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to coin this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay o execution, extension of time, exemption from attachment, levy and sale, and
homestead exemption.
25. Reinstatement Period , orrower's time to reinstate provided in Section 19 shall extend to one hour
prior to the commencement of bt ing at a sheriffs sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mo gage. If any of the debt sacred 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 ater a ?d
entered on the Note or in an actin of mortgage foreclosure shall be the rate payable from time to time under
the Note.
DOC 1:317884 APPL /:0000589877
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BY SIGNING BELOW, *rrower accepts and agrees to the terms and covenants contained in this
Security Instrument and In any Rifler executed by Borrower and recorded with It.
Witnesses:
.!'.= R • C4:.j. (Seal)
YUN-TAO LAI -Borrower
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-Borrower
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-Borrower
(Seal)
Mower
(Seal)
rrrower
#:0000599077
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(Seal)
-Borrower
- (Seal)
-Borrower
- (Seal)
-Borrower
Fora 3039 1101
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Certificate of Tam sidence r ?d rl
I, S a itho rthe cotTea ad s of the within- arced Mort do hereby certify that
NY 11747 gagee is 53S Broadhol w Road, Melville,
Witness my hand this 16t / day of June, 2004
Apnt of Monppe
COMMONWEALTH OF PEN SYLVANIA, CUMBERLAND County ss:
On this, the 16th day of June, 2004 , before me, the
undersigned officer, personally a peared YUN-TAO LAI i el7f ??un ` ??f r
(mown to me (or
satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within Instrument and
acknowledged that he/she/they a ecuted the same for the purposes herein contained.
IN WITNESS WHEREOF I hereunto set m and and official seal.
My Commission Expires:
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Notanal Sett
Erin M. Toueay, Notary Publi
Wtlartn
Twp., Bucks C-0
My Cam#ssion on Expires ires Apr. 17,
Member, PennsyNan s Assw4aaotnCl rtes
Title of Officer
DOC 1:317886 APPL #:0000589877
WYWr
40 6(PA) (W7q r,p le W le
Form 3039 1/01
VERIFICATION
Deborah Cutchshaw, Foreclosure Specialist and duly authorized representative of American
Home Mortgage Servicing, Inc., deposes and says subject to the penalties of 18 Pa. C.S.A. §4904
relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are
true and correct to her information and belief.
Deborah Cutchshaw
Foreclosure Specialist
American Home Mortgage Servicing, Inc.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN HOME MORTGAGE
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
Plaintiff,
CIVIL DIVISION
NO.: 07-1572
Vs.
YUN-TAO LAI,
Defendant.
TYPE OF PLEADING:
Proof of Service
FILED ON BEHALF OF PLAINTIFF:
American Home Mortgage Acceptance Inc.,
d1b/a American Home Mortgage Servicing,
Inc.
COUNSEL OF RECORD FOR THIS
PARTY:
Joseph A. Fidler, Esquire
Pa. I.D. #87325
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
4
I verify that the facts contained in this Affidavit are true and correct based upon my
personal knowledge, information, and belief.
GRENEN & BIRSIC, P.C.
Apdrney for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
SWORN TO AND SUBSCRIBED BEFORE ME
THIS) LADAY OF 007.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Swl
Elizabeth M. Paiano, Notary Public
City Of Pittsburgh, Allegheny county
My Commission Expires Jan. 6, 2008
Member, Pennsylvania Association Of Notaries
•
CERTIFICATION OF SERVICE
The undersigned hereby certifies that a true and correct copy of the within Proof of Service
was mailed by U.S. First Class Mail, postage pre-paid, on the t'A day of 46al
2007, to the following:
Yun-Tao Lai
205 Eldridge Street #2B
New York, NY 10002
GRENEN * BIRSIC, P.C.
for Plaintiff
4b
EXHIBIT "A"
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
AMERICAN HOME MORTGAGE
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
Plaintiff,
VS.
YUN-TAO LAI,
Defendant.
I hereby certify that the
address of Plaintiff is:
4600 Regent Blvd., Suite 200
Irving, TX 75063
the last known address of
Defendants is:
205 Eldridge Street #2B
New York, NY 10002
CIVIL DIVISION
NO.: 07-1572
TYPE OF PLEADING
PRAECIPE FOR DEFAULT JUDGMENT
(Mortgage Foreclosure)
FILED ON BEHALF OF PLAINTIFF:
American Home Mortgage Acceptance Inc.,
d/b/a American Home Mortgage Servicing,
Inc.
COUNSEL OF RECORD FOR THIS
PARTY:
Joseph A. Fidler, Esquire
Pa. I.D. #87325
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
.-
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
AMERICAN HOME MORTGAGE
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
Plaintiff,
VS.
YUN-TAO LAI,
Defendant.
TO: PROTHONOTARY
SIR:
CIVIL DIVISION
NO.: 07-1572
PRAECIPE FOR DEFAULT JUDGMENT
Please enter a default judgment in the above-captioned case in favor of Plaintiff and
against Defendant, Yun-Tao Lai, in the amount of $229,414.73, which is itemized as follows:
Principal $210,822.14
Interest to 5/11/07 $ 10,559.05
Late Charges to 5/11/07 $ 709.34
Escrow Deficiency to 5/11/07 $ 3,479.20
Corporate Advances $ 95.00
Attorneys' Fees $ 1,250.00
Title Search, Foreclosure and
Execution Costs $ 2,500.00
TOTAL $229,414.73
with interest on the principal sum at the rate of $51.26 per diem (as may change from time to
time in accordance with the terms of the Note) from May 11, 2007, and additional late charges,
additional reasonable and actually incurred attorneys' fees, plus costs (including increases in
escrow deficiency) and for foreclosure and sale of the mortgaged premises.
GRENEN,& BIRSIC, P.C.
A. Fidler, Esquire
v for Plaintiff
AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF ALLEGHENY )
Before me, the undersigned authority, a Notary Public in and for said County and
Commonwealth, personally appeared Joseph A. Fidler, Esquire, attorney for and authorized
representative of Plaintiff who, being duly sworn according to law, deposes and says that the
Defendant was not in the military service of the United States of America to the best of her
knowledge, information and belief and certifies that the Notice of Intent to take Default
Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached
copy.
Sworn to and subscribed before me
this day of 2007.
14it-ary Pu lic
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Elizabeth M. Paiano, Notary Public
City Of Pittsburgh, Allegheny County
My Commission Expires Jan. 6, 2008
Member, Pennsylvania Association Of Notaries
0 f
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
AMERICAN HOME MORTGAGE
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
Plaintiff,
CIVIL DIVISION
NO.: 07-1572 CIVIL TERM
Vs.
YUN-TAO' LAI,
Defendant.
TO: Yun-Tao Lai
205 Eldrige Street #2B
New York, NY 1002
DATE OF NOTICE: April 24, 2007
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU.. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166 or Toll Free (800) 990-9108
By:
GRENEN & BIRSIC, P.C.
Oqe?Gateway Center, Ninth Floor
Pittsburgh, PA 15222
FIRST CLASS MAIL, POSTAGE PREPAID (412) 281-7650
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
Plaintiff,
NO.: 07-1572
VS.
YUN-TAO LAI,
Defendant.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: Yun-Tao Lai
205 Eldridge Street #2B
New York, NY 10002
( ) Plaintiff
(XX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on t3 --1
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( ) A copy of the Order or Decree is enclosed,
or
(XX) The judgment is as follows: $229,414.73
with interest on the principal sum at the rate of $51.26 per diem (as may change from time to
time in accordance with the terms of the Note) from May 11, 2007, and additional late charges,
additional reasonable and actually incurred attorneys' fees, plus costs (including increases in
escrow deficiency) and for foreclosure and sale of the mortgaged premises.
IN T1-IE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: ( ) Confessed Judgment
American Home Mortgage Acceptance, Inc., ( ) Other
d/b/a American Home Mortgage
Servicing, Inc., File No. 07-1572 CIVIL TERM
Yun-Tao Lai
VS.
Amount Due $229,414.73
Interest $ 6,309.46
: Atty's Comm
Costs
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of CUMBERLAND
for debt, interest and costs, upon the following described property of the defendant(s)
County,
PRAECIPE FOR ATTACHMENT EXECUTION
-Issue-writ of attachment to the Sheriff of -CUMBERLAND • County, for debt, interest and
costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
71 (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
defendant(s) described in the attached exhibit.
Date Signature:
Print Name: J seph A. Fidler, Esquire
Address. Grenen & Birsic, P.C., One Gateway
Cntr., 9th Floor, Pgh, PA 15222
Attorney for: Plaintiff
Telephone: (412) 281-7650
Supreme Court ID No.: 87325
(over)
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
Plaintiff,
VS.
YUN-TAO LAI,
Defendant.
NO.: 07-1572 CIVIL TERM
LONG FORM DESCRIPTION
ALL THAT CERTAIN lot of ground with the frame dwelling house, used as apartments and other
improvements thereon erected, situated in the Borough of Shippensburg, Cumberland County,
Pennsylvania, bounded and described as follows:
Beginning at an iron pin at the intersection of Prince Street and Orange Street, Shippensburg,
Cumberland County, Pennsylvania, said point being 6 feet from the curb line of Prince Street and 7
feet from the curb line of Orange Street; thence along Orange Street, North 63 degrees 45 minutes
East, 62.75 feet to an iron pin; thence along land now or formerly of Fay Bitting, South 26 degrees
43 minutes East, 92.6 feet to an iron pin; thence along land now or formerly Lee Angle, et ux, South
62 degrees 16 minutes West, 64.05 feet to an iron pin on Prince Street; thence along Prince Street,
North 26 degrees West, 94.2 feet to an iron pin at the corner of Prince Street and Orange Street, the
place of beginning.
Being in accordance with survey and draft made by John H. Atheron, C.E., December 1, 1950.
Said improvements being known as 200 East Orange Street and 103 South Prince Street,
Shippensburg.
Subject to all rights of way, conditions, easements, restrictions, and reservations of record.
BEING KNOWN AS TAX PARCEL NUMBER: 33-34-2415-238.
f '
BEING the same premises which John G. Alexiou and D. Irene Alexiou, by Deed dated December
22, 2003 and recorded in the Office of the Recorder of Deeds of Cumberland County on December
26, 2003, in Deed Book 260, Page 4955, granted and conveyed unto Yun-Tao Lai.
BIRSIC, P.C.
riaier, rsq
for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 07-1572 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due AMERICAN HOME MORTGAGE ACCEPTANCE,
INC., D/B/A AMERICAN HOME MORTGAGE SERVICING, INC., Plaintiff (s)
From YUN-TAO LAI
(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 $229,414.73 L.L. $.50
Interest $6,309.46
Atty's Comm % Due Prothy $2.00
Atty Paid $119.00 Other Costs
Plaintiff Paid
Date: MAY 21, 2007
(Seal)
Deputy
REQUESTING PARTY:
Name JOSEPH A. FIDLER, ESQUIRE
Address: GRENEN & BIRSIC, P.C.
ONE GATEWAY CENTER
9TH FLOOR
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-07650
Supreme Court ID No. 87325
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
Plaintiff,
VS.
YUN-TAO LAI,
Defendant.
NO.: 07-1572 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF ALLEGHENY )
American Home Mortgage Acceptance, Inc., d/b/a American Home Mortgage Servicing,
Inc., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution
was filed the following information concerning the real property of Yun-Tao Lui located at 200
East Orange Street and 103 South Prince Street, Shippensburg, Pennsylvania 17257 and is more
fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF YUN-TAO LAI OF, IN AND TO THE
FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
BOROUGH OF SHIPPENSBURG, COUNTY OF CUMBERLAND, AND
COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING
BEING KNOWN AND NUMBERED AS 200 EAST ORANGE ST. AND 103 SOUTH PRINCE
ST., SHIPPENSBURG, PA 17257. DBV 260, PAGE 4955, PARCEL NUMBER 33-34-2415-
238.
I
1. The name and address of the owner or reputed owner:
Yun-Tao Lai
205 Eldridge Street
New York, NY 10002
2. The name and address of the defendants in the judgment:
Yun-Tao Lai
205 Eldridge Street
New York, NY 10002
3. The name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
American Home Mortgage, et al. PLAINTIFF
4. The name and address of the last record holder of every mortgage of record:
American Home Mortgage, et al. PLAINTIFF
American Brokers Conduit 520 Broadhollow Road
Melville, NY 11747
5. The name and address of every other person who has any record lien on the property:
Cumberland Domestic Relations
P.O. Box 320
Carlisle, PA 17013
PA Department of Revenue
Commonwealth of Pennsylvania
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
6. The name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
Cumberland County Tax Claim Bureau One Courthouse Square
Cumberland County Courthouse Carlisle, PA 17013-3387
7. The name and address of every other person whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Tenant(s) 200 East Orange Street
Shippensburg, PA 17257
Tenant(s) 103 South Prince Street
Shippensburg, PA 17257
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
SWORN TO AND SUBSCRIBED BEFORE
ME THIS J U DAY
? =)& 1y,..
Notary Public
2007.
COMMONWEALTH OF PENNSYLVANIA
Notarial Sad
Elizabeth M. Paiano, Notary Public
City Of Pittsburgh, Alleomy Cm*
My C yWrission Expires Jan. 6, 2008
Member, Pennsylvania Association Of Notaries
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC., NO.: 07-1572 CIVIL TERM
Plaintiff,
vs.
YUN-TAO LAI,
Defendant.
TO: Yun-Tao Lai
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
205 Eldridge Street, #213
New York, NY 10002
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
Cumberland County Courthouse
Commissioners Hearing Room, 2°d Floor
1 Courthouse Square
Carlisle, PA 17013
on September 5, 2007, at 10:00 A.M., the following described real estate, of which Yun-Tao Lai
is the owner or reputed owner:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF YUN-TAO LAI OF, IN AND TO THE
FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF
SHIPPENSBURG, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA.
HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 200 EAST
ORANGE ST. AND 103 SOUTH PRINCE ST., SHIPPENSBURG, PA 17257. DBV 260, PAGE 4955,
PARCEL NUMBER 33-34-2415-238.
w
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of
American Home Mortgage Acceptance, Inc., d/b/a
American Home Mortgage Servicing, Inc.,
Plaintiff,
vs.
Yun-Tao Lui,
Defendant,
at Execution Number 07-1572 CIVIL TERM in the amount of $235,724.19.
A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty
(30) days from the sale date.
Distribution will be made in accordance with the Schedule of Distribution unless
exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when
the Schedule of Distribution is filed by the Office of the Sheriff.
GRENEN & BIRSIC, P.C.
sep i er, quire
A ey for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
C = ? `rt
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
NO.: 07-1572
Plaintiff,
TYPE OF PLEADING
VS.
Pa. R.C.P. RULE 3129.2(c)
YUN-TAO LAI, AFFIDAVIT OF SERVICE
DEFENDANTS/OWNERS
Defendant.
FILED ON BEHALF OF PLAINTIFF:
American Home Mortgage Acceptance Inc.,
d/b/a American Home Mortgage Servicing,
Inc.
COUNSEL OF RECORD FOR THIS
PARTY:
Joseph A. Fidler, Esquire
Pa. I.D. #87325
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
SALE DATE: 09/05/07
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
NO.: 07-1572
Plaintiff,
VS.
YUN-TAO LAI,
Defendant.
Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE
DEFENDANTS/OWNERS
Joseph A. Fidler, Esquire, Attorney for Plaintiff, American Home Mortgage Acceptance,
Inc., d/b/a American Home Mortgage Servicing, Inc., being duly sworn according to law deposes
and makes the following Affidavit regarding service of Plaintiffs notice of the sale of real
property in this matter on September 5, 2007 as follows:
Yun-Tao Lai is the owner of the real property and has not entered an appearance
of record.
2. By letter dated May 25, 2007, the undersigned counsel served Defendant, Yun-
Tao Lai, with a true and correct copy of Plaintiffs notice of the sale of real property by certified
mail, restricted delivery, return receipt requested, addressed to 205 Eldridge Street, #213, New
York, New York 10002. On or about May 29, 2007, the signed certified mail receipt was
returned to Plaintiff, indicating the Defendant was served with the Notice of Sheriff s Sale. A
true and correct copy of the returned certified mail receipt, is marked Exhibit "A", attached
hereto and made a part hereof.
I verify that the facts contained in this Affidavit are true and correct based upon my
personal knowledge, information, and belief.
GRENEN & BIRSIC, P.C.
for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
SWORN TO AND SUBSCRIBED BEFORE ME
THIS la* DAY OF , 2007.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Elizabeth M. Paiano, Notary Public
City Of Pittsburgh, Allegheny County
My Commission E) Tres Jan. 6, 2008
Member. Pennsylvania Association Of Notaries
04
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One Gateway Center
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
NO.: 07-1572
Plaintiff,
VS. TYPE OF PLEADING
YUN-TAO LAI, Pa. R.C.P. RULE 3129.2(c)(2)
PURSUANT TO RULE 3129.1
Defendant. LIENHOLDER AFFIDAVIT OF
SERVICE
FILED ON BEHALF OF PLAINTIFF:
American Home Mortgage Acceptance Inc.,
d/b/a American Home Mortgage Servicing,
Inc.
COUNSEL OF RECORD FOR THIS
PARTY:
Joseph A. Fidler, Esquire
Pa. I.D. #87325
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
SALE DATE: 09/05/07
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
NO.: 07-1572
Plaintiff,
vs.
YUN-TAO LAI,
Defendant.
Pa. R.C.P. RULE 3129.2(c)(2)
LIENHOLDER AFFIDAVIT OF SERVICE
I, Joseph A. Fidler, Attorney for Plaintiff, American Home Mortgage Acceptance, Inc.,
d/b/a American Home Mortgage Servicing, Inc., being duly sworn according to law, deposes and
makes the following Affidavit regarding service of the notice of the sale of real property on all
persons named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 as
follows
By letters dated May 25, 2007, undersigned counsel served all persons (other than
the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1
with a notice of the sale of real property by ordinary mail at the respective addresses set forth in
the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule
3129.1 and Certificates of Mailing and any letters, if returned as of this date, are marked Exhibit
"A", attached hereto, and made a part hereof.
I verify that the facts contained in this Affidavit are true and correct based upon my
personal knowledge, information and belief.
GRENEN & BIRSIC, P.C.
BY.
Atto ys for Plaintiff
O Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
SWORN TO AND SUBSCRIBED BEFORE ME
THIS '?rl DAY OF , 2007.
'Rotary Public `
COMMONWEALTH OF PENNSYLVANIA
Notarial Seel
Elizabeth M. Paiano, Notary Public
City Of Pittsburgh, Allegheny County
My C remission E)pires Jan. 6, 2008
Member, Pennsylvania Association Of Notarie.
EXHIBIT "A"
•
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN HOME MORTGAGE
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
CIVIL DIVISION
Plaintiff,
VS.
YUN-TAO LAI,
Defendant.
NO.: 07-1572 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF ALLEGHENY )
American Home Mortgage Acceptance, Inc., d/b/a American Home Mortgage Servicing,
Inc., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution
was filed the following information concerning the real property of Yun-Tao Lui located at 200
East Orange Street and 103 South Prince Street, Shippensburg, Pennsylvania 17257 and is more
fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF YUN-TAO LAI OF, IN AND TO THE
FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
BOROUGH OF SHIPPENSBURG, COUNTY OF CUMBERLAND, AND
COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING
BEING KNOWN AND NUMBERED AS 200 EAST ORANGE ST. AND 103 SOUTH PRINCE
ST., SHIPPENSBURG, PA 17257. DBV 260, PAGE 4955, PARCEL NUMBER 33-34-2415-
238.
1. The name and address of the owner or reputed owner:
Yun-Tao Lai
205 Eldridge Street
New York, NY 10002
2. The name and address of the defendants in the judgment:
Yun-Tao Lai
205 Eldridge Street
New York, NY 10002
3. The name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
American Home Mortgage, et al. PLAINTIFF
4. The name and address of the last record holder of every mortgage of record:
American Home Mortgage, et al. PLAINTIFF
American Brokers Conduit 520 Broadhollow Road
Melville, NY 11747
5. The name and address of every other person who has any record lien on the property:
Cumberland Domestic Relations
PA Department of Revenue
Commonwealth of Pennsylvania
P.O. Box 320
Carlisle, PA 17013
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
6. The name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
Cumberland County Tax Claim Bureau One Courthouse Square
Cumberland County Courthouse Carlisle, PA 17013-3387
1 q •
7. The name and address of every other person whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Tenant(s) 200 East Orange Street
Shippensburg, PA 17257
Tenant(s) 103 South Prince Street
Shippensburg, PA 17257
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities.
SWORN TO AND SUBSCRIBED BEFORE
ME THIS to DAY V2007.
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Sae]
Elizabeth M. Paiam, Notary Public
City Of Pith, AAegheny County
My Corrwnission E #m Jan. 6, 2008
Member, Pennsylvania Association Of Notaries
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
ISS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which American Home Mtjz Serv Inc is the grantee the same having been sold to
said grantee on the 5th day of Sept A.D., 2007, under and by virtue of a writ Execution issued on the
21 st day of May, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007
Number 1572, at the suit of American Home Mt Acceptance Inc against Yun-Tao Lai is duly recorded
as Instrument Number 200737253.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this --? 6 day of
,A.D. ?D0
Recorder of Deeds
On,* Cs C"q. Cs". PA
YdimL 2010
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American Home Mortgage Acceptance, Inc. In The court of Common Pleas of
d/b/a American Home Mortgage Servicing, Inc. Cumberland County, Pennsylvania
VS Writ no. 2007-1572 Civil Term
Yun-Tao Lai
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, in the
following manner: The Sheriff mailed by certified mail, return receipt requested a copy of the
action to the within named defendant, Yun-Tao Lai, to her last known address of 205 Eldridge
Street, New York, NY 10002. This letter was mailed under the date of June 20, 2007. The letter
was received by Yun-Tao Lai on June 22, 2007. The return receipt card is signed by Jim P. Lai.
Megan Marlow, Deputy Sheriff, who being duly sworn according to law, states that on July
9, 2007 at 1937 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Yun-Tao Lai located at 200 E.
Orange Street and 103 S. Prince Street, Shippensburg, Cumberland County, Pennsylvania according
to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the
above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff
mailed a notice of the pendency of the action to the within named defendant, to wit: Yun-Tao Lai,
by regular mail to his last known address of 205 Eldridge Street, New York, NY 10002. This letter
was mailed under the date of July 3, 2007 and never returned to the Sheriffs Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and
legal notice had been given according to law, he exposed the within described premises at public
venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 5,
2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Fidler on
behalf of American Home Mortgage Services, Inc. It being the highest bid and best price received
for the same, American Home Mortgage Services, Inc. of 4600 Regent Boulevard, Suite 200,
Irving, TX 75063, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of
$980.29.
Sheriff s Costs:
Docketing $30.00
Poundage 19.22
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00
Law Library .50
Prothonotary 2.00
Mileage 19.20
Certified Mail 5.38
Levy 15.00
Surcharge 20.00
Law Journal 355.00
Patriot News 345.80
Share of Bills
Distribution of Proceeds
Sheriff s Deed
15.69
25.00
39.50
$ 980.29
? lmll7/07 4,
So Answers:
R. Thomas Kline, Sheriff
BY 'k Y?
Reaa? qf'?& 2
I
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN HOME MORTGAGE
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
CIVIL DIVISION
Plaintiff,
vs.
YUN-TAO LAI,
Defendant.
NO.: 07-1572 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
)SS:
COUNTY OF ALLEGHENY )
American Home Mortgage Acceptance, Inc., d/b/a American Home Mortgage Servicing,
Inc., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution
was filed the following information concerning the real property of Yun-Tao Lui located at 200
East Orange Street and 103 South Prince Street, Shippensburg, Pennsylvania 17257 and is more
fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF YUN-TAO LAI OF, IN AND TO THE
FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
BOROUGH OF SHIPPENSBURG, COUNTY OF CUMBERLAND, AND
COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING
BEING KNOWN AND NUMBERED AS 200 EAST ORANGE ST. AND 103 SOUTH PRINCE
ST., SHIPPENSBURG, PA 17257. DBV 260, PAGE 4955, PARCEL NUMBER 33-34-2415-
238.
?
i
l . The name and address of the owner or reputed owner:
Yun-Tao Lai
205 Eldridge Street
New York, NY 10002
2. The name and address of the defendants in the judgment:
Yun-Tao Lai
205 Eldridge Street
New York, NY 10002
3. The name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
American Home Mortgage, et al. PLAINTIFF
4. The name and address of the last record holder of every mortgage of record:
American Home Mortgage, et al. PLAINTIFF
American Brokers Conduit 520 Broadhollow Road
Melville, NY 11747
5. The name and address of every other person who has any record lien on the property:
Cumberland Domestic Relations
P.O. Box 320
Carlisle, PA 17013
PA Department of Revenue
Commonwealth of Pennsylvania
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Department of Welfare
P.O. Box 2675
Harrisburg, PA 17105
6. The name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
Cumberland County Tax Claim Bureau One Courthouse Square
Cumberland County Courthouse Carlisle, PA 17013-3387
i ,
7. The name and address of every other person whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
Tenant(s) 200 East Orange Street
Shippensburg, PA 17257
Tenant(s) 103 South Prince Street
Shippensburg, PA 17257
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge, information and belief. 1 understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswom falsification to authorities.
SWORN TO AND SUBSCRIBED BEFORE
ME THIS 1 U-Ak DAY
\4
Notary Public
2007.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Public
Elizabeth M. Paiano, Notary
City Of Pittsburgh, Allegheny County
My Commission E)ires Jan. 6.2008
Member, Pennsylvania Association Of Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC., NO.: 07-1572 CIVIL TERM
Plaintiff,
vs.
YUN-TAO LAI,
Defendant.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Yun-Tao Lai
205 Eldridge Street, #213
New York, NY 10002
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
Cumberland County Courthouse
Commissioners Hearing Room, 2nd Floor
1 Courthouse Square
Carlisle, PA 17013
on September 5, 2007, at 10:00 A.M., the following described real estate, of which Yun-Tao Lai
is the owner or reputed owner:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF YUN-TAO LAI OF, IN AND TO THE
FOLLOWING DESCRIBED PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE BOROUGH OF
SHIPPENSBURG, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA.
HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 200 EAST
ORANGE ST. AND 103 SOUTH PRINCE ST., SHIPPENSBURG, PA' 17257. DBV 260, PAGE 4955,
PARCEL NUMBER 33-34-2415-238.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of
American Home Mortgage Acceptance, Inc., d/b/a
American Home Mortgage Servicing, Inc.,
Plaintiff,
vs.
Yun-Tao Lui,
Defendant,
at Execution Number 07-1572 CIVIL TERM in the amount of $235,724.19.
A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty
(30) days from the sale date.
Distribution will be made in accordance with the Schedule of Distribution unless
exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when
the Schedule of Distribution is filed by the Office of the Sheriff.
GRENEN & BIRSIC, P.C.
yep . vicner, hsquire
A ey for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
Plaintiff,
vs.
YUN-TAO LA1,
Defendant.
NO.: 07-1572 CIVIL TERM
LONG FORM DESCRIPTION
ALL THAT CERTAIN lot of ground with the frame dwelling house, used as apartments and other
improvements thereon erected, situated in the Borough of Shippensburg, Cumberland County,
Pennsylvania, bounded and described as follows:
Beginning at an iron pin at the intersection of Prince Street and Orange Street, Shippensburg,
Cumberland County, Pennsylvania, said point being 6 feet from the curb line of Prince Street and 7
feet from the curb line of Orange Street; thence along Orange Street, North 63 degrees 45 minutes
East, 62.75 feet to an iron pin; thence along land now or formerly of Fay Bitting, South 26 degrees
43 minutes East, 92.6 feet to an iron pin; thence along land now or formerly Lee Angle, et ux, South
62 degrees 16 minutes West, 64.05 feet to an iron pin on Prince Street; thence along Prince Street,
North 26 degrees West, 94.2 feet to an iron pin at the corner of Prince Street and Orange Street, the
place of beginning.
Being in accordance with survey and draft made by John H. Atheron, C.E., December 1, 1950.
Said improvements being known as 200 East Orange Street and 103 South Prince Street,
Shippensburg.
Subject to all rights of way, conditions, easements, restrictions, and reservations of record.
BEING KNOWN AS TAX PARCEL NUMBER: 33-34-2415-238.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 07-1572 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due AMERICAN HOME MORTGAGE ACCEPTANCE,
INC., DB/A AMERICAN HOME MORTGAGE SERVICING, INC., Plaintiff (s)
From YUN-TAO LAI
(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 $229,414.73 L.L. $.50
Interest $6,309.46
Atty's Comm % Due Prothy $2.00
Atty Paid $119.00 Other Costs
Plaintiff Paid
Date: MAY 21, 2007
(Seal)
REQUESTING PARTY:
Name JOSEPH A. FIDLER, ESQUIRE
Address: GRENEN & BIRSIC, P.C.
ONE GATEWAY CENTER
9TH FLOOR
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-07650
6rtA R. Long, Prothonotary
Deputy
Supreme Court ID No. 87325
a
H- ?
Real Estate Sale # 60
On June 14, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
Shippensburg Borough, Cumberland County, PA
Known and numbered as 200 E. Orange St. and 103 S. Prince St.,
Shippensburg, more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: June 14, 2007 By:
ShA4
Real Estate Sergeant
?:4 i + X07
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH 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:
July 20, July 27, and August 3, 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.
Lis arie Coyne, ditor
SWORN TO AND SUBSCRIBED before me this
__I __day of August, 2007 i
Notary ,
NOTARIAL SEAL
DEBORAH A COLLINS
Notary PubNC
CARLISLE SM. CUMBERLAND COUNTY
My Comn*sIon Expires Apt 28, 2010
RZAL I WTA?R SALS NO. 60
Writ No. 2007-1572 Civil
American Home Mortgage
Acceptance Inc., d/b/a American
Home Mortgage Servicing, Inc.
vs.
Yun-Tao Lai
Atty.: Joseph A. Fidler
DESCRIPTION
ALL THAT CERTAIN lot of ground
with the frame dwelling house, used
as apartments and other improve-
ments thereon erected, situated
in the Borough of Shippensburg,
Cumberland County, Pennsylvania,
bounded and described as follows:
Beginning at an iron pin at the
intersection of Prince Street and
Orange Street, Shippensburg, Cum-
berland County, Pennsylvania, said
point being 6 feet from the curb line
of Prince Street and 7 feet from the
curb line of Orange Street; thence
along Orange Street, North 63 de-
grees 45 minutes East, 62.75 feet to
an iron pin; thence along land now
or formerly of Fay Bitting, South 26
degrees 43 minutes East, 92.6 feet to
an iron pin; thence along land now or
formerly Lee Angle, et ux, South 62
degrees 16 minutes West, 64.05 feet
to an iron pin on Prince Street; thence
along Prince Street, North 26 degrees
West, 942 feet to an iron pin at the
corner of Prince Street and Orange
Street, the place d beginx i g.
Being in accordance with survey
and draft made by John H: Atheron,
C. E., December 1, 1950. Said im-
provements being known as 200 East
Orange Street and 103 South Prince
Street, Shippensburg.
Subject to all rights of way, con-
ditions, easements, restrictions,
and reservations of record. BEING
KNOWN AS TAX PARCEL NUMBER:
33-34-2415-238.
BEING the same premises which
John G. Alexiou and D. Irene Alexiou,
by Deed dated December 22, 2003
and recorded in the Office of the
Recorder of Deeds of Cumberland
County on December 26, 2003, in
Deed Book 260, Page 4955, granted
and conveyed unto Yun-Tao Lai.
i
L-9 - it
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
Shannon D. Billhime, being duly sworn according to law, deposes and says:
That she is a Staff Accountant with The Patriot News Co., a corporation organized and existing under the
laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market
Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-
News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market
Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were
established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever
since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published
in their regular daily and/or Sunday/ Metro editions which appeared in the 18th and 25th day(s) of July and the 1st
day(s) of August 2007. That neither he nor said Company is interested in the subject matter of said printed notice
or advertising, and that all of the allegations of this statement as to the time, place and character of publication are
true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this
statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed
and adopted severally by the stockholders and board of directors of the said Company and subsequently duly
recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M",
Volume 14, Page 317.
PUBLICATION
COPY
SALE #60
? . ... .... ........
Sworn to and subscribed before me this 20th day of August 2007 A.D.
COMMONWEALTM OF PENNSYLVANIA.
Noit W Sod
Tony L AmA, Notary PW*
C=y Expires JUW =0
ber, P Assadolon d Ncl Maet
T PUBLIC
a
CUMBERLAND COUNTY SHERIFF'S OFFICE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA. 17013
'M ...., .. '? tom, t? ?.,ii?:-, a.
??? ?:? .
M?yir"1
? .,-sit
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN HOME MORTGAGE
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
Plaintiff,
VS.
YUN-TAO LAI,
Defendant.
CIVIL DIVISION
NO.: 07-1572
ISSUE NUMBER:
TYPE OF PLEADING:
MOTION TO OPEN SHERIFF'S SALE
CODE-
FILED ON BEHALF OF PLAINTIFF:
American Home Mortgage Acceptance, Inc.
et. al.
COUNSEL OF RECORD FOR THIS
PARTY:
Joseph A. Fidler, Esquire
Pa. ID #87325
i GRENEN & BIRSIC, P.C.
i
i One Gateway Center
i Nine West
i Pittsburgh, PA 15222
i (412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC., NO.: 07-1572
Plaintiff,
VS.
YUN-TAO LAI,
Defendant.
MOTION TO OPEN SHERIFF'S SALE
Plaintiff, American Home Mortgage Acceptance, Inc., d/b/a American Home Mortgage
Servicing, Inc., by its attorneys, GRENEN & BIRSIC, P.C., and files the within Motion to Open
Sheriffs Sale as follows:
1. The Sheriff of Cumberland County, Pennsylvania, pursuant to Writ of Execution
issued on May 21, 2007, in the above-captioned matter, did sell certain real property known as
200 East Orange Street and 103 South Prince Street, Shippensburg, PA 17257 (hereinafter the
Property"), as the Property of Yun-Tao Lai, Defendant. The sale of the Property was to the
Plaintiff, American Home Mortgage Acceptance, Inc., d/b/a American Home Mortgage
Servicing, Inc. ("Plaintiff')
2. A second mortgage, junior to Plaintiff's Mortgage, was given by the Defendant to
American Broker's Conduit ("ABC") which was recorded on July 1, 2004 in the Recorders
Office of Northampton County, Pennsylvania at Book Volume 1871, Page 4670 in the original
principal amount of $27,000.00 ("ABC Mortgage").
3. Based upon a title search, obtained subsequent to the Sheriff Sale, Plaintiff
learned that the ABC Mortgage was assigned to Impac Funding Corp. ("Impac") on March 11,
2005 in Mortgage Book Volume 715, Page 4169.
4. Plaintiff did not sent notice of the sheriff sale to Impac pursuant to 3129.1 and
3129.2.
5. Pennsylvania Rules of Civil Procedure 3129.1 and 3129.2 require notice of
sheriff's sale be given to the holder of any record lien on the property being sold by ordinary
mail at least thirty (30) days prior to the sale.
6. At the sheriff's sale on September 5, 2007, the only bid entered was on behalf of
the Plaintiff for the sum of $1.00 which represented the costs of the sale although Plaintiff was
prepared to bid to the amount of $188,100.00.
7. No member of the public attending the sale entered any bid.
8. Had any judgment holder been present at the sale, it would have been required to
bid an amount as high or higher than that which Plaintiff was prepared to bid ($188,100.00).
9. Except as stated herein, all notices and advertisements of the sheriff's sale
required by Pa. R.C.P. 3129.1 and 3129.2 were given.
10. The advertisements of the sale were accessible and available to all lien holders.
11. The failure to provide notice to Impac notice of sheriff's sale creates a technical
question concerning the title obtained by the Plaintiff at the sheriff's sale which may adversely
affect the future marketability and insurability of the title.
12. Impac was entitled to notice of the sale and should be given the opportunity to bid
on the property as they would have on September 5, 2007.
13. Marketability and insurability of the title will be assured by an order of this court
affirming that the sheriffs sale was valid and unencumbered by said lienholder after the lien
creditor is given thirty (30) days notice of its right to bid at a sale.
14. Impac will not be prejudiced by the entry of an Order opening the sale as Impac,
or its agent, will have the same rights it previously would have had to bid at the original Sheriff
Sale in order to protect its lien interest.
WHEREFORE, American Home Mortgage Acceptance, Inc., d/b/a American Home
Mortgage Servicing, Inc., respectfully requests that the sheriffs sale of said real property be
opened and the real property be offered for resale by the Sheriff of Cumberland County after
notice of such resale to Impac Funding Corp. and its servicer and/or agent Specialized Loan
Servicing, LLC in accordance with Pa. R.C.P. 3119.2(c)(1)(iii), but without further notice of
advertisement.
GRENEN &yBIRSIC, P.C.
BY:
ID #87325
One Gateway Center, 9th Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC., NO.: 07-1572
Plaintiff,
vs.
YUN-TAO LAI,
Defendant.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the within Motion to
Open Sheriff s Sale was mailed to the following on this 22°d day of October, 2008, by first
class mail postage prepaid on the following:
Impac Funding Corp.
1401 Dove Street
Newport Beach, CA 92660
Specialized Loan Servicing, LLC
8742 Lucent Boulevard, Suite 300
Highlands Ranch, CO 80129
Cumberland County Sheriffs Office
1 Courthouse Square, Room 303
Carlisle, PA 17103
GRENEN & BIRSIC, P.C.
l - ID #87325
Attorneys for Plaintiff
One Gateway Center, 9"' Floor
Pittsburgh, PA 15222
(412) 281-7650
CD
_-
CID
r
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN HOME MORTGAGE
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
Plaintiff,
VS.
YUN-TAO LAI,
Defendant.
i CIVIL DIVISION
i
i NO.: 07-1572
i
i ISSUE NUMBER:
TYPE OF PLEADING:
AMENDMENT TO MOTION TO OPEN
SHERIFF'S SALE
CODE-
FILED ON BEHALF OF PLAINTIFF:
American Home Mortgage Acceptance, Inc.
et, al.
COUNSEL OF RECORD FOR THIS
PARTY:
Joseph A. Fidler, Esquire
Pa. ID #87325
GRENEN & BIRSIC, P.C.
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC., NO.: 07-1572
Plaintiff,
vs.
YUN-TAO LAI,
Defendant.
AMENDMENT TO MOTION TO OPEN SHERIFF'S SALE
Plaintiff, American Home Mortgage Acceptance, Inc., d/b/a American Home Mortgage
Servicing, Inc., by its attorneys, GRENEN & BIRSIC, P.C., and files the within Amendment To
Motion to Open Sheriffs Sale as follows:
1. On or about October 22, 2008, Plaintiff filed a Motion to Open Sheriffs Sale.
2. Pursuant to Cumberland County Local Rule 208.3(a)(2), no Judge has ruled upon
any other issue in this case or any related matter.
3. Pursuant to Cumberland County Local Rule 208.3(a)(9), the Defendant is pro se
and not attorney has entered an appearance of record on behalf of the Defendant. Plaintiff has
spoken to an agent for Specialized Loan Servicing, LLC regarding their mortgage lien but said
agent was unwilling to consent to releasing this lien and accordingly, would not consent to this
motion.
WHEREFORE, American Home Mortgage Acceptance, Inc., d/b/a American Home
Mortgage Servicing, Inc., respectfully requests that the sheriffs sale of said real property be
opened and the real property be offered for resale by the Sheriff of Cumberland County after
notice of such resale to Impac Funding Corp. and its servicer and/or agent Specialized Loan
Servicing, LLC in accordance with Pa. R.C.P. 3119.2(c)(1)(iii), but without further notice of
advertisement.
BY:
GRENEN & BIRSIC, P.C.
Joseph A .-Fidler-, Esquire
Pa. ID #87325
One Gateway Center, 9th Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC., NO.: 07-1572
Plaintiff,
VS.
YUN-TAO LAI,
Defendant.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the within Amendment to
Motion to Open Sheriffs Sale was mailed to the following on this 29"d day of October, 2008,
by first class mail postage prepaid on the following:
Impac Funding Corp.
1401 Dove Street
Newport Beach, CA 92660
Specialized Loan Servicing, LLC
8742 Lucent Boulevard, Suite 300
Highlands Ranch, CO 80129
Cumberland County Sheriff's Office
1 Courthouse Square, Room 303
Carlisle, PA 17103
GRENEN &,BIRSIC, P.C.
BY?PAA seph A. idl
ID #87325
Attorneys for Plaintiff
One Gateway Center, 9t" Floor
Pittsburgh, PA 15222
(412) 281-7650
?J
? i
r .
? ,"7 ?
t?
.
'
*.,,? .
z
r .'
??-
AMERICAN HOME IN THE COURT OF COMMON PLEAS OF
MORTGAGE ACCEPTANCE, CUMBERLAND COUNTY, PENNSYLVANIA
INC., d/b/a AMERICAN HOME
MORTGAGE SERVICING, INC.
V.
YUN-TAO LAI : 2007 -1572 CIVIL TERM
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 5TH day of NOVEMBER, 2008, a Rule is issued upon all
interested parties, including the defendant, the sheriff, and all junior lien holders to Show
Cause why the plaintiffs Motion to Open Sheriff's Sale should not be granted.
Rule returnable at a hearing to be held on MONDAY, DECEMBER 15, 2008, at
9:30 a.m. in Courtroom # 3 of the Cumberland County Courthouse,
Edward E. Guido, J.
Zimpac Funding Corp.
Zpecialized Loan Servicing, LLC
-'Cumberland County Sheriffs Office
-//Joseph A. Fidler, Esquire
Defendant Yun-Tao Lai
:sld
C"o r 1 es mil l CL
I/t" /6's
tz"In
S I 'C Wd S- AON 9001
3Hi JO
30H -1-031IJ
AMERICAN HOME IN THE COURT OF COMMON PLEAS OF
MORTGAGE ACCEPTANCE CUMBERLAND COUNTY, PENNSYLVANIA
INC., d/b/a AMERICAN HOME
MORTGATE SERVICING, INC.,
Plaintiff
V.
YUN-TAO LAI,
Defendant
NO. 2007-1572 CIVIL TERM
CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 15th day of December, 2008,
the Court not being satisfied that adequate notice was given to
the parties, the hearing on the Rule to Show Cause why the
Plaintiff's Motion to Open Sheriff's Sale should not be granted
is continued to February 2, 2009, at 1:00 p.m. Service of this
Order, as well as the petition and proposed Order of Court,
shall be made on all interested parties, including all junior
lien holders, the Sheriff of Cumberland County, and the
Defendant by registered mail, return receipt requested, or by
personal service.
/Matthew Eshelman, Esquire
,Joseph A. Fidler, Esquire
mpac Funding Corp.
Specialized Loan Servicing, LLC
efendant Yun-Tao Lai t
Cumberland County Sherif f ' s Of f ice . do tka,,,o d
Ca rEs .natlfc?-
srs
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.
NO.: 2007-1572
Plaintiff,
vs.
YUN-TAO LAI
TYPE OF PLEADING
AFFIDAVIT OF SERVICE
Defendant.
FILED ON BEHALF OF PLAINTIFF:
American Home Mortgage Acceptance, Inc.
et. al.
COUNSEL OF RECORD FOR THIS
PARTY:
Joseph A. Fidler, Esquire
Pa. I.D. #87325
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.
NO.: 2007-1572
Plaintiff,
VS.
YUN-TAO LAI
Defendant.
AFFIDAVIT OF SERVICE OF MOTION TO OPEN SHERIFF'S SALE AND ORDER OF
COURT
I, Joseph A. Fidler, Esquire, counsel for Plaintiff, American Home Mortgage Acceptance,
Inc. d/b/a American Home Mortgage Servicing, Inc., being duly sworn according to law, depose
and make the following Affidavit of Service of Motion to Open Sheriff s Sale and Order of
Court:
On or about December 15, 2008, this Honorable Court entered an Order ("Service
Order") requiring Plaintiff to serve all interested parties, including all junior lienholders, the
Sheriff of Cumberland County and the Defendant (hereinafter the "Interested Parties") with a
copy of Plaintiffs Motion to Open Sheriffs Sale along with a copy of this Court's November 5,
2008 Order of Court ("Scheduling Order"). A true and correct copy of the Service Order is
attached hereto, marked Exhibit "A" and made a part hereof.
2. In accordance with the Service Order, on or about December 23, 2008, Plaintiff
mailed the Interested Parties a copy of Plaintiff s Motion to Open Sheriffs Sale along with a
copy of the Scheduling Order via certified mail, return receipt requested. True and correct
copies of United States Postal Form 3800 evidencing service are attached hereto, marked
Exhibit "B" and made a part hereof.
1 verify that the facts contained in this Affidavit are true and correct based upon my
personal knowledge, information, and belief.
GRENEN & BIRSIC, P.C.
BA. _Fidler, Esqui e
for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
SWORN TO AND SUBSCRIBED BEFORE ME
THIS T DAY OF , 2009.
c2c)b kP if".. i 01C)?
Notary Public
COMMONWEALTH OF PENN5YLVANIA
Nom Notary Public
Pattricia A. T?send. County
City Of Pittstx?. Alle WY 2011
My Commission E Jug 2.2011
Member., Pennsylvania Association of Notaries
EXHIBIT "A"
- \ i -,
AMERICAN HOME IN THE COURT OF COMMON PLEAS OF'
MORTGAGE ACCEPTANCE CUMBERLAND COUNTY, PENNSYLVANIA
INC., d/b/a AMERICAN HOME
MORTGAGE SERVICING, INC.,
Plaintiff
v. NO. 2007-1572 CIVIL TERM
YUN-TAO LAI,
Defendant CIVIL ACTION - LAW
ORDER OF COURT
AND NOW, this 15th day of December, 2008,
the Court not being satisfied that adequate notice was given to
the parties, the hearing on the Rule to Show Cause why the
Plaintiff's Motion to open Sheriff's Sale should not be granted
is continued to February 2, 2009, at 1:00 p.m. Service of this
order, as well as the petition and proposed Order of Court,
shall be made on all interested parties, including all junior
lien holders, the Sheriff of Cumberland County, and the
Defendant by registered mail, return receipt requested, or by
personal service.
Matthew Eshelman, Esquire
.y;oseph A. Fidler, Esquire
Impac Funding Corp.
Specialized Loan Servicing, LLC
Defendant Yun-Tao Lai
Cumberland County Sheriff's Office
srs bit
EXHIBIT "B"
GRENEN `ti BIRSIC, P.C.
A rTOHNEYS AT LAW
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December 23. 2008
Joxlth A. Fidler, Esquire
??tl?•i ? nrnriunr?rr,-"in
VIA CERTIFIED MAIL.
RETURN RECEIPT REOUESTED
Cumberland County Sheriff s Office
I CoUrthouse Square, Room 303
Carlisle. PA 17103
Re: American Home Mortgage Acceptance, Inc., d/b/a American Home
Mortgage Servicing, Inc.; Case No.: (X)7-1572
Dear Sir/Madam:
Enclosed herewith please find the following documentation:
1. A copy of the Motion to Open Sheriffs Sale with Amendment to Motion to Open
Sheriff's Sale together with a Proposed Order of Court,
?. Order of Court dated [November 5, 20008, and
3. Order of Court dated December 15, 2008.
In accordance with the Court's December 15, 2(K)8 Order, please note that a hearing on
the Rule to Show Cause why Plaintiffs Motion to Open Sheriffs Sale has been scheduled for
February ?, 2009 at 1:00 p.m.
Should you have any questions or concerns, please do not hesitate to give me a call.
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?' Joseph A. Fidler
GYRRNENEN & I31RSic, P.C.
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December 23. 2008
Joseph A. Fuller. Esquire
VIA CERTIFIED MAIL,
RETURN RECEIPT REQUESTED
Specialized Loan Servicing, LLC
8742 Lucent Boulevard
lliuhlands Ranch. CO 80126
Re: American Home Mortgage Acceptance, Inc., d/b/a American Home
Mortgage Servicing, Inc.; Case No.: 2007-1572
Dear Sir/Madam:
Enclosed herewith please find the following documentation:
1. A copy of the Motion to Open Sheriff s Sale with Amendment to Motion to Open
Sherift's Sale together with a Proposed Order of Court;
2. Order of Court dated November 5, 20008; and
3. Order of Court dated December 15, 2008.
In accordance with the Court's December 15, 20)8 Order, please note that a hearing on
the Rule to Show Cause why Plaintiffs Motion to Open Sheriff~s Sale has been scheduled for
F=ebruary 2, 2009 at 1:00 p.m.
Should you have any questions or concerns, please do not hesitate to jive me a call.
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Very truly yours,
roseph A. Fidler
w1lmxiIICii4tpl.
GRENEN & BIRS1C, P.C.
i ATTORNEYS AT LAW
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Should you have any questions or concerns, please do not hesitate to give me a call.
Very trul
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Impac Funding Corporation
1401 Dove Street
Newport Beach, CA 92660
Re: .%merican Home Mortgage Acceptance, Inc., d/b/a American Home
Mortgage Servicing, Inc.; Case No.: 2007-1572
Dear Sir/Madam:
Enclosed herewith please hind the following documentation:
1. A copy of the Motion to Open Sheriffs Sale with Amendment to Motion to Open
Sheriff s Sale together with a Proposed Order of Court;
2. Order of Court dated November 5, 20008; and
3. Order of Court dated December 15, 2008.
In accordance with the Court's December 15, 2008 Order, please note that a hearing on
the Rule to Show Cause why Plaintiff's Motion to Open Sheriffs Sale has been scheduled for
February 2. 2009 at 1:00 p.m.
GRENEN & BIRSIC, P.C.
ATTORNEYS AT LAW
tt\EGA I1AVAl'1'1\IIR.VI\111Fl kxIR
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December 23, 2(X)8
!ii.erh A. Fidler. Esquire
VIA CERTIFIED MAIL,
RETURN RECEIPT REOUESTED
Yun-Tao Lai
'(X) East Orange Street
Shippensburg,?PA 17257
Re: .%merican Home Mortgage Acceptance, Inc., d/b/a American Home
Mortgage Servicing, Inc.; Case No.: 2007-1572
Dear Mr. Lai:
Enclosed herewith please find the following documentation:
1. A copy of the Motion to Open Sheriffs Sale with Amendment to Motion to Open
Sheriff's Sale together with a Proposed Order of Court;
2. Order of Court dated November 5, 20008; and
3. Order of Court dated December 15, 2008.
In accordance with the Court's December 15, 2008 Order, please note that a hearing on
the Rule to Show Cause why Plaintiffs Motion to Open Sheriffs Sale has been scheduled for
Febmary 2, 20)9 at 1:00 p.m.
Should you have any questions or concerns, please do not hesitate to give me a call.
Ln
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luscph A. Fidler. Esquire
VIA CERTIFIED MAIL.
RETURN RECEIPT REOUESTF.D
Yun- I'ao Lai
103 South Prince Street
Shippensburg, PA 17257
Re: American Home Mortgage Acceptance, Inc., d/b/a American Home
Mortgage Servicing, Inc.; Case No.: 2007-1572
Dear Mr. Lai:
Enclosed herewith please find the following documentation:
L A copy of the Motion to Open Sheriff's Sale with Amendment to Motion to Open
Sheriff's Sale together with a Proposed Order of Court;
?. Order of Court dated November 5. 20008; and
3. Order of Court dated December 15, 2008.
In accordance with the Court's December 15, 2008 Order, please note that a hearing on
the Rule to Show Cause why Plaintiff's Motion to Open Sheriff's Sale has been scheduled for
February ?, 2009 at 10) p.m.
Should you have any questions or concerns, please do not hesitate to give me a call.
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GRENEN & BIRSIC, P.C.
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lowph A. Fidler, 1-squire
VIA CERTIFIED MAIL,
RETURN RECEIPT REOUESTED
Yttn-Tao Lai
205 Eldridge Street #213
New York, NY 10002
Re: American Home :Mortgage Acceptance, Inc., d/h/a American Home
Mortgage Servicing, Inc.; Case No.: 2007-1572
Dear Mr. Lai:
Enclosed herewith please find the following doclunentatloll:
1. A copy of the Motion to Open Sheriffs Sale with Amendment to Motion to Open
Sheriff s Sale together with a Proposed Order of Court;
2. Order of Court dated November 5, 20008: and
3. Order of Court dated December 15, 2(X)8.
In accordance with the Court's December 15, 2008 Order, please note that a hearing on
the Rule to Show Cause why Plaintiffs Motion to Open Sheriffs Sale has been scheduled for
February 2, 2009 at 1:00 p.m.
Should you have any questions or concerns, please do not hesitate to jive me a call.
Very tUAy yours,
,///Joseph A. Fidler
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CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the Affidavit of Service
i
jz9VWV 2009, by first
was mailed to the following on this day of
class, U.S. Mail, postage pre-paid:
Yun-Tao Lai
205 Eldridge St.
#2B
New York, NY 10002
Specialized Loan Servicing
8742 Lucent Blvd.
Highlands Ranch, CO 80129
Cumberland County Sheriff's Office
I Courthouse Sq. Room 303
Carlisle, PA 17103
Impac Funding Corporation
1401 Dove Street
Newport Beach, CA 92660
Matthew Eshelman, Esquire
1675 Cumberland Boulevard
PO Box 1080
Camp Hill, PA 17001-1080
B
GRENEN & BIRSIC, P.C.
j0e - A. Fidler, Esquire
rneys for Plaintiff
ne Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.
Plaintiff,
vs.
YUN-TAO LAI
Defendant.
NO.: 2007-1572
TYPE OF PLEADING
SUPPLEMENTAL AFFIDAVIT OF
SERVICE
FILED ON BEHALF OF PLAINTIFF:
American Home Mortgage Acceptance, Inc.
et. al.
COUNSEL OF RECORD FOR THIS
PARTY:
Joseph A. Fidler, Esquire
Pa. I.D. #87325
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.
NO.: 2007-1572
Plaintiff,
vs.
YUN-TAO LAI
Defendant.
SUPPLEMENTAL AFFIDAVIT OF SERVICE OF MOTION TO OPEN SHERIFF'S SALE
AND ORDER OF COURT
I, Joseph A. Fidler, Esquire, counsel for Plaintiff, American Home Mortgage Acceptance,
Inc. d/b/a American Home Mortgage Servicing, Inc., being duly sworn according to law, depose
and make the following Supplemental Affidavit of Service of Motion to Open Sheriff's Sale and
Order of Court:
1. On or about January 9, 2009, Plaintiff filed an Affidavit of Service evidencing
service evidencing service of Plaintiff's Motion to Open Sheriff's Sale along with copies of the
Orders of Court dated November 5, 2008 ("Scheduling Order") and December 15, 2008
("Continuance Order") on all parties in interest via certified mail, return receipt requested.
2. On or about December 30, 2008, Specialized Loan Servicing was served with a
copy of the Motion, Scheduling Order and Continuance Order. A true and correct copy of Form
PS Form 3811 (7008 1830 0001 3910 0771) is attached hereto, marked Exhibit "A" and made a
part hereof.
I On or about December 29, 2008, the Cumberland County Sheriff's Office was
served with a copy of the Motion, Scheduling Order and Continuance Order. A true and correct
copy of Form PS Form 3811 (7008 1830 0001 3910 0788) is attached hereto, marked Exhibit
"B" and made a part hereof.
4. On or about December 26, 2008, Defendant, Yun Tao Lai, was served with a copy
of the Motion, Scheduling Order and Continuance Order. A true and correct copy of Form PS
Form 3811 (7008 1830 0001 3910 0757) is attached hereto, marked Exhibit "C" and made a
part herof.
5. On or about December 12, 2008, Plaintiff received notice from the United States
Post Office that the certified mail enclosing the Motion, Scheduling Order and Continuance
Order to Impac Funding Corporation, LLC was not deliverable as addressed and unable to
forward. A true and correct copy of said return is attached hereto, marked Exhibit "D" and
made a part hereof.
6. Specialized Loan Servicing is the servicing agent for Impac Funding Corporation
and accordingly, service upon Specialized Loan Servicing, as set forth in Paragraph 2 above, is
effective as to Impac Funding Corporation, LLC. Evidence that Specialized Loan Servicing is
the servicer is attached hereto, as Exhibit "E" by virtue of that certain April 8, 2008
correspondence to Plaintiff's counsel indicating that Specialized Loan Servicing will no release
the lien.
I verify that the facts contained in this Affidavit are true and correct based upon my
personal knowledge, information, and belief.
SWORN TO AND SUBSCRIBED BEFORE ME
THIS k DAY OF 2009.
otary Public
GRENEN & BIRSIC, P.C.
otitorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
COMMONWEALTH OF PENNSYLVANIA
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Specialized Loan Servicing, LLC
THIS IS AN ATTEMPT TO COLLECT A DEBT AND ANY INFORMATION OBTAINED
MAY BE USED FOR THAT PURPOSE
April 8, 2008
Grenen & Birsic Attorneys at Law
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
RE: Borrower: Yun-Tao Lai
Property Address: 200 East Orange Street
Shippensburg, PA 17257
Dear Mr. Dutton,
This letter is in response to your correspondence dated April 1, 2008 regarding the
above referenced property.
Please be advised that Specialized Loan Servicing will not release the lien until funds
are recovered to satisfy the loan. The loan will remain open and attempt to be collected
on until funds are received. For any further questions please contact our Recovery
Department referenced below.
If you have any questions regarding this information, please contact our Recovery
Department toll free at 800-268-9706, Monday through Friday, 7:00 a.m. until 7:00 p.m.,
Mountain Time or TDD 800-268-9419, Monday through Friday, 8:00 a.m. until 5:00
p.m., Mountain Time.
Sin66rely,
Crys al melas
Customer Care Support
Specialized Loan Servicing, LLC
8742 Lucent Blvd, Suite 300, Highlands Ranch, Colorado 80129
Direct 800-3154757 Fax 720-241-7218
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the Supplemental
Affidavit of Service was mailed to the following on this / day of
(fo , 2009, by first class, U.S. Mail, postage pre-paid:
Yun-Tao Lai
205 Eldridge St.
#2B
New York, NY 10002
Specialized Loan Servicing
8742 Lucent Blvd.
Highlands Ranch, CO 80129
Cumberland County Sheriff's Office
1 Courthouse Sq. Room 303
Carlisle, PA 17103
Impac Funding Corporation
1401 Dove Street
Newport Beach, CA 92660
Matthew Eshelman, Esquire
1675 Cumberland Boulevard
PO Box 1080
Camp Hill, PA 17001-1080
GRENEN & BIRSJC, P.C.
cos .rimer, tsquire
eys for Plaintiff
e Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
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OCT 2 7 200 ,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN HOME MORTGAGE
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
CIVIL DIVISION
NO.: 07-1572
Plaintiff,
vs.
YUN-TAO LAI,
Defendant.
ORDER OF COURT
AND NOW, this day of , 2001, upon consideration of the
foregoing Motion to Open Sheriff Sale in the above matter, it is hereby ORDERED,
ADJUDGED and DECREED that the Sheriffs Sale on September 5, 2007, of the premises
known as 200 East Orange Street and 103 South Prince Street, Shippensburg, PA 17257
("Property"), is hereby opened solely for the purpose of providing Rule 3129.1 notice to Impac
Funding Corp. and its servicer/agent, Specialized Loan Servicing, LLC, and the allowance of
opportunity for said lien holders to bid their interest.
It is further ORDERED that the Sheriff shall resell the Property without further
advertisement or notice by the Sheriff at the next available sheriff's sale more than thirty (30)
days after notice of the sale and a copy of this Order have been served on said lien holders by
ordinary mail, addressed to said lien holder. No one other than Impac Funding Corp.,
Specialized Loan Servicing, LLC and the Plaintiff shall be permitted to bid at the sale.
An affidavit of such service pursuant to Pa. R.C.P. 3129.1 and 3129.2 shall be filed with
the Office of the Prothonotary and with the Sheriff. Should there be no bids by Impac Funding
Corp. or Specialized Loan Servicing, LLC, the sale conducted on September 5, 2007 by the
Sheriff of Cumberland County shall be affirmed upon filing of an affidavit by counsel for
Plaintiff that there are no third party bidders.
J.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
AMERICAN HOME MORTGAGE
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
Plaintiff,
vs.
YUN-TAO LAI,
Defendant.
CIVIL DIVISION
NO.: 07-1572
(7)
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TYPE OF PLEADING
AFFIDAVIT OF SERVICE
FILED ON BEHALF OF PLA IFF. -<
American Home Mortgage Acceptance Inc.,
d/b/a American Home Mortgage Servicing,
Inc.
COUNSEL OF RECORD FOR THIS
PARTY:
Joseph A. Fidler, Esquire
Pa. I.D. #87325
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
SALE DATE: 4/1/09
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
AMERICAN HOME MORTGAGE CIVIL DIVISION
ACCEPTANCE, INC., d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
Plaintiff,
NO.: 07-1572
vs.
YUN-TAO LAI,
Defendant.
AFFIDAVIT OF SERVICE
I, Joseph A. Fidler, Attorney for Plaintiff, American Home Mortgage Acceptance, Inc.,
d/b/a American Home Mortgage Servicing, Inc., being duly sworn according to law, deposes and
makes the following Affidavit regarding service of the notice of the sale of real property and
Court Order dated February 9, 2009 all persons named in said Court Order as follows
On or about February 10, 2009, undersigned counsel served Yun-Tao Lia, Impac
Funding Corp. and Specialized Loan Servicing, LLC with a notice of the sale of real property by
ordinary mail. A true and correct copy of the Certificates of Mailing is marked Exhibit "A",
attached hereto, and made a part hereof.
2. On or about February 12, 2009, undersigned counsel served Yun-Tao Lia, Impac
Funding Corp. and Specialized Loan Servicing, LLC with copies of the Court Order dated
February 9, 2009 that was issued in the matter by ordinary mail. A true and correct copy of the
Certificates of Mailing is marked Exhibit "B", attached hereto, and made a part hereof.
I verify that the facts contained in this Affidavit are true and correct based upon my
personal knowledge, information and belief.
GRENEN & BIRSIC, P.C.
BY:
*ft-dfneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
SWORN TO AND SUBSCRIBED BEFORE ME
THIS ? DAY OF 2009. -R?' Notary Public
COMMO W?AI.TH F P NN YIVANW
No*W &W
POW A W pd*
* CanrnW*n E*m Juns 2 2011
Member, Pennsylvania Assoclatlonn of Nobxiea
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AMENDED
American Home Mortgage Acceptance, Inc. In The court of Common Pleas of
d/b/a American Home Mortgage Servicing, Inc. Cumberland County, Pennsylvania
VS Writ no. 2007-1572 Civil Term
Yun-Tao Lai
R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the.
within Real Estate Writ, Notice of Sheriffs Sale and Description, in the above entitled action, in the
following manner: The Sheriff mailed by certified mail, return receipt requelsted a copy of the
action to the within named defendant, Yun-Tao Lai, to her last known addre s of 205 Eldridge
Street, New York, NY 10002. This letter was mailed under the date of June 20, 2007. The letter
was received by Yun-Tao Lai on June 22, 2007. The return receipt card is s gned by Jim P. Lai.
Megan Marlow, Deputy Sheriff, who being duly sworn according to law, states that on July
9, 2007 at 1937 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Yun-Tao Lai ocated at 200 E.
Orange Street and 103 S. Prince Street, Shippensburg, Cumberland County;, Pennsylvania according
to law.
R. Thomas Kline, Sheriff, who being duly sworn according to law,
above Real Estate Writ, Notice, Poster and Description in the following m?
mailed a notice of the pendency of the action to the within named defen&
by regular mail to his last known address of 205 Eldridge Street, New Yorl
was mailed under the date of July 3, 2007, and never returned to the Sheriff
R. Thomas Kline, Sheriff, who being duly sworn according to law,
legal notice had been given according to law, he exposed the within descri
venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsyl,%
2007 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Atto:
behalf of American Home Mortgage Services, Inc. It being the highest bid
for the same, American Home Mortgage Services, Inc. of 4600 Regent Bol
Irving, TX 75063, being the buyer in this execution, paid to Sheriff R. The
$980.29.
R. Thomas Kline, Sheriff, who being duly sworn according to law,
after due and legal notice had been given according to law, he re-exposed 1
described premises at public venue or outcry per Order of Court at the Cot
Carlisle, Cumberland County, Pennsylvania on April 1, 2009 at 10:00 o'cli
sold the same for the sum of $1.00 to Attorney Joseph Fidler, on behalf of
Home Mortgage Services, Inc. It being the highest bid and best price recei
same, American Home Mortgage Services, Inc., of 4600 Regent Boulevan
Irving, TX 75063, being the buyer in this execution, paid to Sheriff R. Th
sum of $ 980.29
Sheriffs Costs:
Docketing $30.00
Poundage 19.22
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00
ates he served the
ner: The Sheriff
to wit: Yun-Tao Lai,
NY1 0002. This letter
Office.
ates that after due and
premises at public
i on September 5,
Joseph Fidler on
best price received
ard, Suite 200,
; Kline the sum of
tes that
within
A.M. He
:d for the
Suite 200,
nas Kline the
&aeriff s•Costs:
Docketing $30.00
Poundage 19.22
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00
Law Library .50
Prothonotary 2.00
Mileage 19.20
Certified Mail 5.38
Levy 15.00
Surcharge 20.00
Law Journal 355.00
Patriot News 345.80
Share of Bills 15.69
Distribution of Proceeds 25.00
Sheriffs Deed 39.50
$ 980.29
So Answers:
R. Thomas Kline, Sheriff
By
4 - IDC C9?-?
Rea Estate Coor inator
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN HOME MORTGAGE
ACCEPTANCE, INC. d/b/a AMERICAN
HOME MORTGAGE SERVICING, INC.,
Plaintiff
vs.
YUN-TAO LAI,
Defendant.
CIVIL DIVISION
NO: 07-1572
TYPE OF PLEADING:
AFFIDAVIT OF NO THIRD PARTY
BIDDERS
1
I CODE-
FILED ON BEHALF OF PLAINTIFF:
i
American Home Mortgage Acceptance, Inc.
d/b/a American Home Mortgage Servicing,
Inc., Plaintiff
COUNSEL OF RECORD FOR THIS
PARTY:
Joseph A. Fidler, Esquire
Pa I.U. 487325
GRINEN & BIRSIC, P.C.
One Gateway Center
Nine West
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
AMERICAN HOME MORTGAGE
ACCEPTANCE, INC. d/b/a AMERICAN CIVIL DIVISION
HOME MORTGAGE SERVICING, INC.,
NO: 07-1572
Plaintiff
vs.
YUN-TAO LAI,
Defendant.
AFFIDAVIT OF NO THIRD PARTY BIDDERS
I, Joseph A. Fidler, do hereby certify that pursuant to Order of Court dated February 2,
2009, the Sheriff of Cumberland County resold that certain property known as 200 East Orange
Street and 103 South Prince Street, Shippensburg, PA 17257 on April 1, 2009, after notice to the
required lienholders. There were no third party bidders at said sale.
GRENEN & BIRSIC, P.C.
BY:
p 1 A. Fidler, Esquire
Attorney for Plaintiff
One Gateway Center-Ninth Floor
Pittsburgh, PA 15222
SWORN TO AND SUBSCRIBED BEFORE ME
THISQ2 DAY OF 2009
Notary Public
f?k71'?r. art?`,
Pelrlda A T?send, fie
Cny Of Pit buro, Me"W Cw*
toy ComfnL,;rA n Eire, June 2, 2011
Member, Pennsylvania Association of Notaries
OF THE P
2069 APR -6 PIM 3= 4U