HomeMy WebLinkAbout07-3171NIeC.,kBE, SVEISBERG AND CONWAY, P.C.
By: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorneys for Plaintiff
Countrywide Home Loans, Inc. Cumberland County
1800 Tapo Canyon Road Court of Common Pleas
Mail Stop #SV-103
Simi Valley, CA 93063
V.
Duane R. Schreffler
141 Pleasant Grove Road
Mechanicsburg, PA 17050 Number
CIVIL ACTIONIMORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend
?:f*_ainst the claims set f6t111 in the following pages, you must
1,tke action within twenty (20) days after this complaint and
of ice are served, by entering a w itten 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
AVISO
Le han demandado a usted en la torte. Si usted quiere
defenderse de estas demandas ex-puestas en las paginas
siguientes, usted tiene veinte (20) dias de plazo al partir de la
fecha de la demanda y la notificacion. Hace falta asentar una
comparencia escrita o en persona o con un abogado y entregar
a la torte en forma escrita sus defensas o sus objeciones a las
demandas en contra de su persona. Sea avisado que si usted
no se defiende, la cone tomara medidas y puede continuar la
demanda en contra suya sin previo aviso o notificacion.
Ademas, la cone puede decidir a favor del demandante y
requiere que usted cumpla con todas las provisioner de esta
demanda. Usted puede perder dinero o sus propiedades u
otros derechos importantes para usted.
YOU SHOULD TAKE THIS PAPER TO YOUR
LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPIIONE TILE OFFICE
'SET FORTH BELOW. THIS OFFICE CAN
PI:OVIDE YOU WITH INFORMATION ABOUT
I IIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A
LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFERLEGAL SERVICES
TO ELIGIBLE PER?;ONS AT A REDUCED FFE OR
NO FEE.
Cumberland Count. Bar Association
Liberty Avenue
C:Irlisle, PA, 170 i 3
a1-990-9108
LISTED LE DEBE TOMAR ESTE PAPEL A SU
ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE A UN ABOGADO, VA A O TELEFONEA LA
OFICINA EXPUSO ABAJO. ESTA OFICINA LO
PUEDE PROPORCIONAR CON INFORMATION
ACERCA DE EMPLEAR A UN ABOGADO.
S1 USTED NO PUEDE PROPORCIONAR PARA
EMPLEAR UN ABOGADO, ESTAOFICINAPUEDE
SER CAPA1_ DE PROPORCIONARLO CON
INFORMATION ACERCA DE LAS AGENCIAS
QUE PUEDEN OFRECER LOS SERVICIOS
LEG ALES A PERSONAS ELEGIBLES FN UN
IIONORARIO FEDUCIDO NI NINGUN
IIONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisi;, PA, 17013
800-990-9108
AIcCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - [l) # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Countrywide Home Loans, Inc.
1800 Tapo Canyon Road
Mail Stop #SV-103
Simi Valley, CA 93063
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
V.
Duane R. Schreffler
141 Pleasant Grove Road
Mechanicsburg, PA 17050
Number
CIVIL ACTION/MORTGAGE FORECLOSURE
Plaintiff is Countrywide Home Loans, Inc., a corporation duly organized and doing business
at the above captioned address.
2. The Defendant is Duane R. Schreffler, who is the mortgagor and real owner ofthe mortgaged
property hereinafter described, and his last-known address is 141 Pleasant Grove Road, Mechanicsburg, PA
17050.
3. On 02/21/2003, mortgagor made, executed and delivered a mortgage upon the premises
hereinafter described to Mortgage Electronic Registration Systems, Inc., acting solely as Nominee for
America's Wholesale Lender which mortgage is recorded in the Office of the Recorder of Cumberland
County in Mortgage Book 1801, Page 3216.
4. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration
Systems, Inc., acting solely as Nominee for America's Wholesale Lender to Countrywide Home Loans, Inc.,
Plaintiff herein, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of
Cumberland County.
5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A"
and is known as 141 Pleasant Grove Road, Mechanicsburg, PA 17050.
6. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 02/01/2007 and each month thereafter are due and, unpaid, and by the terms of said mortgage,
upon default in such payments for a period of one month, the entire principal balance and all interest due
thereon are collectible forthwith.
7. The following amounts are due on the mortgage:
Principal Balance $ 92,203.26
Interest through 05/23/2007 $ 2,199.51
(Plus $ 14.73 per diem thereafter)
Attorney's Fee $ 4,610.16
Late Charges $ 113.80
Corporate Advances $ 325.00
Title Search $ 200.00
GRAND TOTAL $ 99,651.73
8. The attorney's fees set forth above are in conformity with the mortgage documents and
Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs Sale. If the
mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually
performed.
9. Notice required by the Emergency Mortgage Assistance Act of 1983 as amended
under 12 PA Code Chapter 13, et seq., has been sent to Defendant by regular mail with a certificate
of mailing and by certified mail, return receipt requested.
10. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) is not
required.
WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $99,651.73,
together with interest at the rate of $14.73 per diem and other costs and charges collectible under the
mortgage and f'or the foreclosure and sale of the mortgaged property.
McCABE,WISBERG AND CONWAY, P.C.
BY:
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
VERIFICATION
The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the
within action, and that he/she is authorized to make this verification and that the foregoing facts
based on the information from the Plaintiff, who is not available to sign this, are true and correct to
the best of his/her knowledge, information and belief and further states that false statements herein
are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities.
McCABE, WEISBERG AND CONWAY, P.C.
BY:
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
eCLen
{::1'"4 ERLANp O D3
CO?Nrx-?.?
After Recording Ret To:
COUNTRYWIDE.H E LOANS, INC.
MS SV-79 DOC MENT PROCESSING
Prepared By:
C. EDWARDS
1800 Tapo nyon Parcel Number:
Simi Vall CA 93063-6712
[Space Above This Line For Recording Data]
C?
00002493282858078
[Doc ID #1
MORTGAGE
NEN 1000157-0001210881-3
CHL
?f{l11la?N{lI{{I?l??{I{l?1{{ICI{?i?l{1?{V{{?I?II?{{1?1?11{?{{Iq
DF.IFIN1TIONS ' 610 024932828 D2 001 001
i
Words used in multiple sections of this document are defined below and other words are defined in Sections 3,
11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in
Section 16.
(A) "Security Instrument" means this document, which is dated FEBRUARY 21, 2003
together with all Riders to this document.
(B) "Borrower" is
DUANE R SCHREFFLER,
Borrower is the mortgagor under this Security Instrument.
PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT WITH
Pape 1 of 18 Inniala -
?® 6A(PA) (0206) CHL (06/02) VMP MORTGAGE FORMS - (800)621.7291 Form 3039 1/01
CONV/VA
g,5-9 /PL
PLEASE RECORD AND RETURN TO
First American Title Insurance Company
472 California Road
Ouakertown, PA 18951
BK1801PG3216
' a
DOC ID # 00002493282858078
(C) "MFRS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting
solely as a nominee for Lender and Lender's successors and assigns. MFRS is the mortgagee under this
Security Instrument. MFRS is organized and existing under the laws of Delaware, and has an address and
telephone number of P.O. Box 2026, Flint, M1 48501-2026, tel. (888) 679-MFRS.
(D) "Lender" is
AMERICA'S WHOLESALE LENDER
Lender is a CORPORATION
organized and existing under the laws of NEW YORK
Lender's address is
P.O. Box 660694, Dallas, TX 75266-0694
(E) "Note" means the promissory note signed by Borrower and dated FEBRUARY 21, 2003
The Note states that Borrower owes Lender
NINETY NINE THOUSAND TWO HUNDRED and 00/100 Dollars
(U.S. $ 99,200.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than MARCH O1, 2033
(h) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due
under the Note, and all sums due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower (check box as applicable];
® Adjustable Rate Rider Q Condominium Rider F-1 Second Home Rider
Balloon Rider [] Planned Unit Development Rider 0 1-4 Family Rider
VA Rider Q Biweekly Payment Rider ® Other(s) [specify]
LEGAL
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances
and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable
judicial opinions.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association
or similar organization.
(g) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions,
transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage
to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii)
conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the v?1ue and/or
condition of the Property. C-) ill
(W®6A(PA) (0208) CHL (06/02) Intda1een7f?'1'
Page 2 of 16 Form 3039 1/01
BK1801PG3217
, s
7r,_ '_L•
DOC ID # 00002493282858078
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for @ principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or
any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under
RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender. (i7 the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of
MFRS, the following described property located in the
COUNTY of CUMBERLAND
[Type of Recording Jurisdiction] (Name of Recording Jurisdiction)
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
which currently has the address of
141 PLEASANT GROVE ROAD, MECHANICSBURG
(Street/City]
Pennsylvania 17050 ("Property Address"):
[Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is roferred to in this Security Instrument as the
"Property" Borrower understands and agrees that MFRS holds only legal title to the interests meted by
Borrower in this Security Instrument, but, if necessary to comply with law or custom, MM(W "minee for
?® 6A(PA) (0206) CHL h tlak;(!?UN?
(06/02) Page 3 or 16 Form 3038 1/01
BK 1801 PG3218
DOC ID # 00002493282888078
Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including,
but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender
including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims
and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower
shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment
charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to
Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However,
if any check or other instrument received by Lender as payment under the Note or this Security Instrument is
returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this
Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money
order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such cheek is drawn
upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic
Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such
other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender
may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan
current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without
waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the
future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds.
Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower
does not do so within a reasonable period of time, Lender shalt either apply such funds or return them to
Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note
immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against
Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or
performing the covenants-and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the
Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to
each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late
charges, second to any other amounts due under this Security Instrument, and then to reduce the principal
balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent paym t and the
initials,
(Mj ®6A(PA) (0206) CHL (06/02) Page 4 of 16 Form 3039 1101
BK 180 1 PG 3 21, 9
. I
DOC ID # 00002493282858078
late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full.
To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic
Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to
any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under
the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a)
taxes and assessments and other items which can attain priority over this Security Instrument as a lien or
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for
any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any
sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance
with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during
the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be
escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly
furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for
Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.
Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any
such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where
payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if
Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender
may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be
deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and
agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver,
and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such
amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require
under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable
estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home
Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under
RBSPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law
permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the
Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender
shall give to Borrower, without charge, an annual accounting of the-Funds as required by RESP
(M® 6A(PA) (ozos) CHL (06/02) Page s of 16 Initials
Form 3058 1101
BK 1801 P63220
?-Q.
DOC ID # 00002493282858078
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower
for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined
under RESPA. Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the
amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly
payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify
Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable
to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on
the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these
items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or
(c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain
priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days
of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set
forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that :.ender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower
to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification
and tracking services; or (b) a one-tune charge for flood zone determination and certification services and
subsequent charges each time remappings or similar changes occur which reasonably might affect such
determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the
Federal Emergency Management Agency in connection with threview of any flood zone determination
resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular
type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect
Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or
liability and might provide greater or lesser coverage than was previously in effect. Borrower a owledges
lontalef,?\?y
(M® 6A(PA) (0206) CHL (06/02) Page 6 of 16 Form 3038 1/01
BK1801PG3221
x?
DOC ID # 00002493282858078
that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that
Borrower could have obtained Any amounts disbursed by Lender under this Section 5 shall become additional
debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from
the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower
requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right
to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee
and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If
Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If
Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or
destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,
any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to
restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is
not lessened During such repair and restoration period, Lender shall have the right to hold such insurance
proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed
to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse
proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such.
insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds.
Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance
proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or
Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this
Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance
proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim
and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's
rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies
covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the
insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this
Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees
in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which
are beyond Borrower's control.
InNialba?`?
(W® 6A(PA) {0206) CHL (06/02) Page 7 of is Form 3039 1101
691801PG3222
DOC ID # 00002493282858078
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,
damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or
not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property
from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that
repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged- to
avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with
damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property
only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or
condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of
Borrower's obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable
cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice
at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with material information) in connection with the Loan. Material representations include, but
are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal
residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a
legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of alien which may attain priority over this Security Instrument or to enforce laws or regulations),
or (c) Borrower has abandoned the Property, then Lender may. do and pay for whatever is reasonable or
appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including
protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's
actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this
Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in
the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy
proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change
locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code
violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under
this Section 9, Lender does not have to do so and is not under any duty or obligation to do so, It is agreed that
Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement
and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment,
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If
Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees
to the merger in writing.
r?r, Inltlals
(W®-6A(PA) (0206) CHL (06/02) Pager of fs Form 3039 1101
81{1801P63223
OOC ID # 00002493282858078
10. Mortgage Insurance. If Lender required mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. U. for any reason, the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments toward
the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by
Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to
pay to Lender the amount of the separately designated payments that were due when the insurance coverage
ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu
of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is
ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss
reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount
and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is
obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If
Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make
separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the
premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until
Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between
Borrower and Lender providing for such tsmiination or until termination is required by Applicable Law.
Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter
into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on
terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these
agreements. These agreements may require the mortgage insurer to make payments using any source of funds
that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance
premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for
sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangement is often termed "captive reinsurance." Further.
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will
owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any
Mortgage Insurance premiums that were unearned at the time of such cancellation or to ' a ' U.
In81a1s0
M -SA(PA) (0206) CHL (06/02) page 9 of 18 Form 3039 1/01
BK1801P63224
DOC ID # 00002493282858078
11, Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned
to and shall be paid to Lender. .
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such
repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has
had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a
single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made
in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is
not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied
to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied td the sums secured by this Security Instrument, whether or not then due, with the excess, if
any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the
amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or
loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security
Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction:
(a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value
divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in
value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the
sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender
otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to
respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the
Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security
Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in default if any action or proceeding, -whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration
has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for
damages that are attributable to the impairment of Lender's interest in the Property are hereby ed and
shall be paid to Lender.
`S® 6A(PA) (0206) CHL (06/02) Page 10 of 1s ?nRla?s Form 3038 1/01
BKIBOIPG322S
DOC ID # 00002493282858078
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in
the order provided for in Section 2,
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment
or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower
or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors
in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in
Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors
in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without
limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower
or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or
remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs
this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument
only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security
Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees
that Lender and *any other Borrower can agree to extend, modify, forbear or make any accommodations with
regard to the terms of this Security Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's
rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations
and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and
agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors
and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In
regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to
Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that
are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that
the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted
limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the
permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be
refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note
or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a
partial prepayment without -any prepayment charge (whether or not a prepayment charge is provided for under
the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a
waiver of any right of action Borrower might have arising out of such overcharge.
(M0-- 6A(PA) to2o6) CHL (06/02) Pape tf of le fnftlalsForm 3039 1101
BK 1, 80 1 PG 32 2 6
DOC ID # 00002493282858078
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be.
in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been
given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if
sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law
expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated
a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of
address. If Lender specifics a procedure for reporting Borrower's change of address, then Borrower shall only
report a change of address through that speed procedure. There may be only one designated notice address
under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by
mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by
notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been
given to Lender until actually received by Lender. If any notice required by this Security Instrument is also
required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement
under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed
by federal law and the law of the jurisdiction in which the Property is located All rights and obligations
contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.
Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but
such silence shall not be construed as a prohibition against agreement by contract. In the event that any
provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall
not affect other provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include
the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any
action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest
in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those
beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower ata future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not
a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited -by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within
which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums
prior to the expiration of this period, Lender may invoke any remedies. permitted by this Security Instrument
without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower
shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest
of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument;
InInake?:0(.y/
(M 6A(PA) (0208) CHL (06/02) Page 12 of in Form 3039 1101
BX 1.80 1 PG3227
DOC ID # 00002493282858078
(b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or.
(c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender
all sums which then would be due under this Security Instrument and the Note as if no acceleration had
occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in
enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection
and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and
rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that
Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay
the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay
such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) casts;
(b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check
is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d)
Electronic Funds Transfer. Upon reinstatement by Borrower, this Security" Instrument and obligations secured
hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not
apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the
Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower.
A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due
under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the
Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan
Servicer unrelated to a sale of the Note. If there is a change of the Loan Services, Borrower will be given
written notice of the change which will state the name and address of the new Loan Servicer, the
address to which payments should be made and any other information RESPA requires in connection with a
notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Setvioer other
than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan
Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless
otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in
compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy
the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following
substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "BnvironmenmI
Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety
-6A(PA) (0200) CHL Page Inltlalt _?"
® (06/02) 13 or 18 Form 3039 1101
ex1801PG3228
DOC ID # 00002493282858078
or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or
removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition
that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor
allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b)
which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous
Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences
shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that
are generally recognized to be appropriate to normal residential uses and to maintenance of the Property
(including, but not limited to, hazardous substances in consumer products).
Borrower shall. promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental
Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any
Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance
which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or
regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance
with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement is this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower
of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default
must be cured; and (d)that failure to cure the default as specified may result in acceleration of the sums
secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender
shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the
foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration
and foreclosure. If the default is not cured as specified, Lender at its option may require immediate
payment in full of all sums secured by this Security Instrument without further demand and may
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses
incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys'
fees and costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and
the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and-satisfy
this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for
releasing this Security Instrument, but only if the fee is paid to.a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
l?® 6A(PA) (ozos) CHL (06/02) innlaIsA- Page 14 of 18 Form 3039 1101
BK 18,0 1 PG 3, 2 2 9
L 1
DOC ID # 00002493282858078
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and
homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour
prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time udder
the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
C-,// i./ 1 .1 ddj&? Qjm?_ -
(Seal)
DUANE R SCHREFFLER -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
=® BA(PA) (0206) CHL (06102) Pape 18 or Is Form 3039 1/01
:. BK1801PG3230
DOC ID # 00002493282858078
Certificate of Residence
I, , do hereby certify that
the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026.
Witness my hand this oZl day of V"eloy-L ry d?CY?3
Agent of Mortgagee
COMMONWEALTH OF PENNSYLVANIA, \ `? Y~
On this, the ?. day of
undersigned officer, personally appeared l
County ss:
, before me, the
known to me (or satisfactorily proven) to be the
person(s)-whose name(s)' is/are-subscribed to the within instrument and acknowledged that he/shekhey,
executed the same for the purposes herein contained 1
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires: I
NOTARIAL SEAL
JODY GOLDRiN3, Notary Public
City of Hartisbur0, Dauphin Co., PA
My Commission Expires Nov 03,2W5 Title of Officer -?
II Certify this, to' be; recorded
1In• Curnberlalad GQuylty, PA
" Peeord.er-of-Deeds
(O® 6A(PA) (0206) CHt. (06102)
I Certify this to be recorded
In Cumberland County PA
V Y
Initlal
•' Form 3039 '1/01
Recorder of Deeds
0K...I?-0 1 PG?231
?- File No; 9591PL {)
EXHIBIT 'A'
ALL THOSE CERTAIN lots of ground situate in the Township of Silver Spring, County of Cumberland and State of
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point In the center line of Township Route No. 595, said point being referenced eastwardly a
distance of 783.16 feet from the center line intersection of Township Routes Nos. 592 and 595; thence along the
center line of Township Route No. 595 South 58 degrees 16 minutes East, 155.0 feet to a pant; thence along
other land now or late of D. S. Poorman and Helen E. Poorman, his wife, South 31 degrees 44 minutes West,
186.48 feet to a stake; thence along land of the same, North 58 degrees 16 minutes West, 141.15 feet to a
stake; thence along land now or late of Edwin S. Metzger and Betty Jane Metzger, his wife, North 27 degrees 29
minutjes East, 187.0-feet to a point in the center line of Township Route No. 595, the place of BEGINNING.
PARCEL NO. 2, BEGINNING at a point in the center line of Township Route No. 5951 said pant being referenced
eastwardiy a distance of 938.16 feet from the center line Intersection of Township Routes Nos. 595 and 592;
thence along the center line of Township Route No. 595, South 58 degrees 16 minutes West, 45.0 feet to a point;
thence along the line of other lands now or late of D. S. Poorman and Helen E. Poorman, his wife, South 31
degrees 44 minutes West, 186.48 feet to a stake; thence along the line of land of the same, North 58 degrees 16
minutes West, 45.0 feet to a point; thence along land of Edwin S. Metzger, North 31 degrees 44 minutes East
186.48 feet to a point in the center line of Township Route No. 595, the place of BEGINNING.
THE within premises is improved with a single family dwelling, presently known and numbered as 141.Pleasant
Grove Road, Mechanicsburg, PA, 17050.
PARCEL NUMBER: 38-14-0850-014
BK1801PG3232
Prepared by: C. EDWARDS
AMERICA'S WHOLESALE LENDER
BRANCH #945
1210 NORTHBROOK DR.#470
DATE: 02121/2003 TREVOSE, PA 19053-
CASE #: PA (215)322-3700
DOCID #: 00002493282858078 Br Fax No.: (215)827-5650
BORROWER: DUANE R SCHREFFLER
PROPERTY ADDRESS: 141 PLEASANT GROVE ROAD
MECHANICSBURG. PA. 17050
LEGAL DESCRWnoN EXMBPT A
AX1801P63233
U ?
Lv
-,I
- - -- - iri
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-03171 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
COUNTRYWIDE HOME LOANS INC
VS
SCHREFFLER DUANE R
MARK CONKLIN , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
SCHREFFLER DUANE R the
DEFENDANT , at 1515:00 HOURS, on the 4th day of June 2007
at 141 PLEASANT GROVE ROAD
MECHANICSBURG, PA 17050
DUANE SCHREFFLER
by handing to
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 9.60
Affidavit .00
Surcharge 10.00
.00
4jl5Jb? '7'?' V 37.60
Sworn and Subscibed to
before me this day
of
So Answers:
R. Thomas Kline
06/05/2007
MCCABE WEISBERG CONWAY
By:
IV7
D uty Sheriff
A. D.
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorneys for Plaintiff
Countrywide Home Loans, Inc.
Cumberland County
Court of Common Pleas
vs.
Duane R. Schreffler
Number 07-3171
ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-
captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil
Procedure and assess damages as follows:
Principal $ 99,651.73
Interest from 5/24/2007 - 7/24/2007 $ 913.26
TOTAL $100,564.99
McCAB, WEISBEIP AND CONWAY, P.C.
BY: .Cn.t ?l??sr
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
ti'
AND NOW, this 016 day of Jtko.4 , 2007, Judgment is entered in favor of
Plaintiff, Countrywide Home Loans, Inc. and against Defendant(s) Duane R. Schreffler and
damages are assessed in the amount of $100,564.99, plus interest and costs.
BY THE PROTHONOTARY:
?t f 169?
4-1
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorneys for Plaintiff
Countrywide Home Loans, Inc.
Cumberland County
Court of Common Pleas
VS.
Duane R. Schreffler
Number 07-3171
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
SS.
COUNTY OF CUMBERLAND:
The undersigned, being duly sworn according to law, deposes and says that the Defendant
is not in the Military or Naval Service of the United States or its Allies, or otherwise within the
provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that
the Defendant(s), Duane R. Schreffler, is over eighteen (18) years of age, and resides at 141
Pleasant Grove Road, Mechanicsburg, PA 17050.
MCC ARE, WEISBE G AND CONWAY, P.C.
BY: r
Attorneys for aint ff
TERRENCE J. MCCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 24th DAY OF
July, 2007..
/NOTARY PUBLIC m OF PEWNSn-vA'?
COMMONyyFJhLAI?AI SEAL
IMT GLOW, D. MITCHEI.t., Notary P'1
sju
of Pht?p
Ju
m?a t?Wir?ne 2, 11
tz,
ni jEL
`+ 1
Cf
Request for Military Status
Department of Defense Manpower Data Center
40 Military Status Report
Pursuant to the Servicemembers Civil Relief Act
Page 1 of 2
JUN-25-2007 12:31:15
.K Last Name First/Middle Begin Date Active Duty Status Service/Agency
SCHREFFLER Duane R Based on the information you have furnished, the DMDC does not
possess any information indicating that the individual is currently on
active duty.
Upon searching the information data banks of the Department of Defense Manpower Data Center, based
on the information that you provided, the above is the current status of the individual as to all branches
of the Military.
At4k
Mary M. Snavely-Dixon, Director
Department of Defense - Manpower Data Center
1600 Wilson Blvd., Suite 400
Arlington, VA 22209-2593
The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that
maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the
official source of data on eligibility for military medical care and other eligibility systems.
The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act
[50 USCS Appx. #167;#167; 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of
1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the
individual is currently on active duty" responses, and has experienced a small error rate. In the event the
individual referenced above, or any family member, friend, or representative asserts in any manner that
the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly
encouraged to obtain further verification of the person's active duty status by contacting that person's
Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on
active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA
may be invoked against you.
If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle
name), you can submit your request again at this Web site and we will provide a new certificate for that
query.
This response reflects current active duty status only. For historical information, please contact the
Military Service SCRA points-of-contact.
See: http://www.defenselink.mil/faq./pis/PC09SLDR.html
WARNING: This certificate was provided based on a name and Social Security number (SSN) provided
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/25/2007
Request for Military Status
Page 2 of 2
by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided.
Report ID: BUZWOSAURFY
https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 6/25/2007
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorneys for Plaintiff
Countrywide Home Loans, Inc.
Cumberland County
Court of Common Pleas
VS.
Duane R. Schreffler
Number 07-3171
CERTIFICATION
I certify that the foregoing assessment of damages is for specified amounts alleged to be
due in the Complaint and is calculable as a sum certain from the Complaint.
I certify that written notice of the intention to file this Praecipe was mailed or delivered to
the party against whom judgment is to be entered and to the attorney of record, if any, after the
default occurred and at least ten (10) days prior to the date of the filing of the Praecipe. A true
and correct copy of the notice pursuant to Pennsylvania Rule of Civil Procedure No. 237.1 is
attached hereto and marked Exhibit "A".
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 24th DAY OF
July, 2007.
MCCAB WEISBE AND CONWAY, P.C.
BY: f e u.?
Attorneys for P intiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
rmro0 FVL 4ubw
OTARY P LIC tRv of i?4iaad_ ch???s Ju118
e?
-? C r7 77
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, PA 17013
Curt Long
Prothonotary
June 25, 2007
To
Duane R. Schreffler
141 Pleasant Grove Road
Mechanicsburg, PA 17050
Countrywide Home Loans, Inc. Cumberland County
Court of Common Pleas
vs.
Duane R. Schreffler Number 07-3171 Civil
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUTAGENCIES THATMAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA, 17013
800-990-9108
NOTIFICACION IMPORTANTE
USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER
PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA
PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR
ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS
RECLAMOS FORMULADOS EN CONTRA SUMO. AL NO TOMAR LA
ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA
NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE
COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR
SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS
DERECHOSIMPORTANTES.
USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO
INMEDIATAMENTE. SI USTED NO T1ENE A UN ABOGADO, VA A O
TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE
PROPORCIONAR CON INFORMACON ACERCA DE EMPLEAR A UN
ABOGADO.
SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO,
ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMATION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS
SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO
REDUCIDO NI NINGON HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, PA, 17013
800-990-9108
McCABE, WEISBE G AND CONWAY, P.C.
BY:
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE A
TJM/hm
VERIFICATION
The undersigned, M e? q c, ,Yf a4jro , ESQUIRE, hereby certifies that he is the
attorney for the Plaintiff in the within action and that he is authorized to make this verification
and that the foregoing facts are true and correct to the best of his knowledge, information and
belief and further states that false statements herein are made subject to the penalties of 18
PA.C.S. Section 4909 relating to unsworn falsification to authorities.
McCAB , WEISBER AND CONWAY, P.C.
BY:
Attome s for Pl tiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
?
? ?. ?
- ?
-' f-;' ?_
r: ---i
-? T,
}s
....w : ?.
'
r ? ' il
t
-i
=_?: ? •_'
?,?• "'?
t OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
CUMBERLAND COUNTY COURTHOUSE, CARLISLE, PA 17013
Curtis R. Long
Prothonotary
To: Duane R. Schreffler
141 Pleasant Grove Road
Mechanicsburg, PA 17050
Countrywide Home Loans, Inc.
Cumberland County
Court of Common Pleas
vs.
Duane R. Schreffler
Number 07-3171
NOTICE
Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the
above proceeding as indicated below.
? al-, a007
/S/" le L 5xq, OK8
Curtis R. Long Q
Prothonotary
Judgment by Default
Money Judgment
Judgment in Replevin
Judgment for Possession
If you have any questions concerning this Judgment, please call
McCabe, Weisberg and Conway, P.C. at (215) 790-1010.
+r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
Countrywide Home Loans, Inc.
V.
Duane R. Schreffler
FILE NO.: 07-3171 Civil Term
AMOUNT DUE: $100,564.99
INTEREST: from 7/25/2007 - 12/5/2007
$2,215.02 at $16.53 Per Diem
ATTY' S COMM.:
COSTS:
TO THE PROTHONOTARY OF 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.
PRAECIPE FOR EXECUTION
Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs
upon the following described property of the defendant(s)
141 Pleasant Grove Road, Mechanicsburg, PA 17050
(More fully described as attached)
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).
(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: -7?Y q? Signature: ?Z2'-
Print Name: MCCABE WEI ERG AND CONWAY
Address: 123 S. Broad Street, Suite 2080
Philadelphia, PA 19109
Attorney for: Plaintiff
Telephone: (215) 790 1010
Supreme Court ID No.
ao o ao°o?a
p a s o p t _., ,...? ??
r-
(? U (, b r ,
OCA
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Countrywide Home Loans, Inc.
Plaintiff
V.
Duane R. Schreffler
Defendant
Attorneys for Plaintiff
COURT OF COMMON PLEAS
Cumberland COUNTY
Number 07-3171 Civil
AFFIDAVIT PURSUANT TO RULE 3129
I, the undersigned attorney for Plaintiff in the above action, set forth as of the date the '
Praecipe for the Writ of Execution was filed the following information concerning the real
property located at: 141 Pleasant Grove Road, Mechanicsburg, PA 17050 (Tax Parcel #38-14-
0850-014), a copy of the description of said property is attached hereto and marked as Exhibit
"A."
1. Name and address of Owner or Reputed Owner:
Name Address
Duane R. Schreffler 141 Pleasant Grove Road
Mechanicsburg, PA 17050
2. Name and address of Defendant in the judgment:
Name Address
Duane R. Schreffler 141 Pleasant Grove Road
Mechanicsburg, PA 17050
t
3. Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Name Address
Plaintiff herein
4. Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein.
5. Name and address of every other person who has any record lien) on the property:
Name
None
Address
6. Name and address of every other person who has any record interest in the
property which may be affected by the sale:
Name Address
None
7. Name and address of every other person of whom the plaintiff ht s knowledge who
has any interest in the property which may be affected by the sal:
Name Address
Tenants 141 Pleasant Grove Road,, Mechanicsburg,
PA 17050
Domestic Relations P.O. Box 320
Cumberland County Carlisle, PA 17013
Commonwealth of Pennsylvania Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
Commonwealth of Pennsylvania 1400 Spring Garden Street
Inheritance Tax Office Philadelphia, PA 19130
• 4.
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
Internal Revenue Service
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-84816
Technical Support Group,
William Green Federal Bldg.
Room 3259, 600 Arch Str$et
Philadelphia, PA 19106
Clearance Support Department 281230
Harrisburg, PA 17128-12J0
ATTN: Sheriffs Sales
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
July 24, 2007
AND (CONWAY, P.C.
BY: r?r
Attorneys for EIaintiff
TERRENCE J. McCABE, ES(
MARC S. WEISBERG, ESQU
EDWARD D. CONWAY, ESQ
MARGARET GAIRO, ESQUI
4- c? C3
'Ti
?-... ,?` 1 ""
i ?7
(_"'?
,? ,
._ ?. ,i
_ C.T1
-`W.l j.>
.!?
'"<
0-
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorneys for Plaintiff
Countrywide Home Loans, Inc.
vs.
Duane R. Schreffler
Cumberland County
Court of Common Pleas
Number 07-3171
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Duane R. Schreffler
141 Pleasant Grove Road
Mechanicsburg, PA 17050
Your house (real estate) at 141 Pleasant Grove Road, Mechanicsburg, l A 17050 (Tax
Parcel #38-14-0850-014) , is scheduled to be sold at Sheriffs Sale on Decemb?r 5, 2007 at 10:00
a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County
Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce tho court judgment
of $100,564.99 obtained by Countrywide Home Loans, Inc. against you.
NOTICE OF OWNER'S RIGHTS
To prevent this Sheriffs Sale you must take immediate action:
1. The sale will be canceled if you pay to Countrywide Home Loans, Inc., the back
payments, late charges, costs, and reasonable attorney's fees due. To find out how
much you must pay, you may call McCabe, Weisberg and Conv ay, P.C. at (215)
790-1010.
2. You may be able to stop the sale by filing a petition asking the ?ourt to strike or
open the judgment, if the judgment was improperly entered. You may also ask
the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, th more chance
you will have of stopping the sale. (See the following notice on how to obtain an attorney.)
I
i YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling McCabe, Weisberg and Conway, P.C. at (215) 790-
1010.
2. You may be able to petition the Court to set aside the sale if the bid prijce was grossly
inadequate compared to the value of your property.
The sale will go through only if the buyer pays the Sheriff the full amount due on the
sale. To find out if this has happened, you may call McCabe, Weisberj and Conway,
P.C. at (215) 790-1010.
4. If the amount due from the buyer is not paid to the Sheriff, you will renlhain the owner of
the property as if the sale never happened.
You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal
proceedings to evict you.
6. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff
not later than 30 days after sale. Distribution will be made in accordance with the
schedule unless exceptions are filed thereto within 10 days after the fili4 of the
schedule.
7. You may also have other rights and defenses, or ways of getting your rdal estate back, if
you act immediately after the sale.
LAWYER REFERRAL SERVICE
COUNTY
COURT ADMINISTRATOR
4TH FLOOR,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
OR
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, A 17013
(717) 249-316
.-?
__ t.:. r s_S ? ? ;
?_
,,. , ? ,
? _. ,, ,
Y '+
?1
.,. y' ? ??
.. =t
,_ C=-? _ti
?.,.
L./ ? ??(?
. .._
LEGAL DESCRIPTION
AU THOSE CERTAIN lots of ground sitod?te its th+e'roWn:hip of giver Spring, County o(Cumbeciand and StO of
Pemm*ania, bounded and desolbed w follows, to volts
WGINNING at a point In the center tie of Township Poift No. M, said point being i
distaro of 783.16 feet from the oerftr line Ir t'section of Townsl* Pm", Nos. 592
renter tine of Township Route No. 595 South 58 degMm 16 min" fist, 155,0 f 7
ot1her land now or fate of D. S. Poomen and Hawn E. Perorrnan, his wife, South 31 da
186.48 feet in a stelae; theme along land of the same,'N*lh 58 dogrM 16 minutes %
stake; ftroce along land now or late of 5dwin S. 101etz er and qty Ane Meet', his
On ul jm Bast, 187.0 fee to a paint in the tenter line of Township Route No. 5%, the
PARCEL NO. 2, K4MNNIW at a point In the center line cl Township We No. 555, sa
eastwardly a d6larm of 938.16 fet from the center line lotbudion of Township Rout
Omm along the center-Ins of Township Route No. 595, South 58 degreo 16 ttlinutes
thave alog the lute of other- lands taw or labt± of 0. S. Poorman and Helen E. Poorma
degrm 44 minutes Weser 186,48 feet to a aka; thence along the ling of land of the s
mlautes West, 45.0 f?etto a point; thence along land of Edwin S. Metzger, North 316
186.48 feet to a point in the center kne of TownsSt'ip route alo. 595, the place of BMV
raced eastwardly a
sal 515; thence. along the
a poirtt; thence along
res 44 trdhutPs West,
sty 141.15 feet to a
ft, NoAh 27 de7m 29
Ira of SEMNING.
pad ling n*renced
Nos. 595 and 5974
lee, 4&0 feat to a point;
his wife, South 31
net North 53 degrees 16
'eels 44 minutes East
THE within pr es Is Improved with a griple fang dw,teling, premtly known and nurnbe e+d as 141 Ple arlt
trove Road, M&hanicsburg, PA, 17050.
Being the same premises which Ray H. Schreffler and Fern E. Scbreffler, by deed da?ed the 6/12/2002,
and recorded 6/13/2002 in the Office of the Recorder in and for Cumberland County in Deed Book 252,
Page 857, granted and conveyed to Duane R. Schreffler, in fee.
TAX MAP PARCEL NUMBER: 38-14-0850-014
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-3171 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC. Plaintiff (s)
From DUANE R. SCHREFFLER
(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 haft been added as a.
garnishee and is enjoined as above stated.
Amount Due $100,564.99
L.L. $.50
Interest from 7/25/07 -12/05/07 - $2,215.02 at $16.53 Per Diem
Atty's Comm % Due Prothy $2.00
Atty Paid $156.60
Plaintiff Paid
Date: 7-26-07
(Seal)
REQUESTING PARTY:
Name MARGARET GAIRO, ESQUIRE
Other Costs
dus". - " ?
C is . Long, Prothonotary By:
Deputy
Address: MCCABE, WEISBERG AND CONWAY
123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 34419
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE .1. McCABE, ESQUIRE - Ill # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD 1). CONWAY, ESQUIRE - II) # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorneys for Plaintiff
Countrywide Home Loans, Inc.
Cumberland County
Court of Common Pleas
vs.
Duane R. Schreffler
Number 07-3171
AFFIDAVIT OF SERVICE
I, the undersigned, Esquire, attorney for the Plaintiff in the within matter, hereby certify
that on the 2n' day of October 2007, a true and correct copy of the Notice of Sheriffs Sale of
Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to
3129 which is attached hereto as Exhibit "A".
Copies of the letter and certificate of mailing are also attached hereto, made a part hereof
and marked as Exhibit "B."
MCC E, WEISBE G AND C NWAY, P.C.
BY: ----- - -
Attorn vs for Plaintiff
TERRENCE J. MCCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE:
EDWARD 1). CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
SWORN TO AND SUBSCRIBED
BEFORI ME THIS 2nd DAY OF
OCTOBER, 2007.
A j
dOiN1M_ EA?flF P WIdRVi iw?
Notawrw
Susan J. ilAa?howitz NOy/Y Public
City Of Philadelphia, Philadefpl?ip COW"
MY mmission Expires Fob. 13.20M . ennsyivarna ssoc?attM nes
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Countrywide Home Loans, Inc.
Plaintiff
V.
Duane R. Schreffler
Defendant
Attorneys for Plaintiff
COURT OF COMMON PLEAS
Cumberland COUNTY
Number 07-3171 Civil
AFFIDAVIT PURSUANT TO RULE 3129
I, the undersigned attorney for Plaintiff in the above action, set forth as of the date the
Praecipe for the Writ of Execution was filed the following information concerning the real
property located at: 141 Pleasant Grove Road, Mechanicsburg, PA 17050 (Tax Parcel #38-14-
0850-014), a copy of the description of said property is attached hereto and marked as Exhibit
"A."
Name and address of Owner or Reputed Owner:
Name Address
Duane R. Schreffler 141 Pleasant Grove Road
Mechanicsburg, PA 17050
2. Name and address of Defendant in the judgment:
EXHIBIT
Name Address
Duane R. Schreffler 141 Pleasant Grove Road
Mechanicsburg, PA 17050
3
4
5.
6
7
Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Name Address
Plaintiff herein
Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein.
Name and address of every other person who has any record lien on the property:
Name
None
Address
Name and address of every other person who has any record interest in the
property which may be affected by the sale:
Name
None
Address
Name and address of every other person of whom the plaintiff has knowledge who
has any interest in the property which may be affected by the sale:
Name Address
Tenants 141 Pleasant Grove Road, Mechanicsburg,
PA 17050
Domestic Relations P.O. Box 320
Cumberland County Carlisle, PA 17013
Commonwealth of Pennsylvania Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
Commonwealth of Pennsylvania 1400 Spring Garden Street
Inheritance Tax Office Philadelphia, PA 19130
EXHIBIT A
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
Internal Revenue Service
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Technical Support Group,
William Green Federal Bldg.
Room 3259, 600 Arch Street
Philadelphia, PA 19106
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriffs Sales
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
July 24, 2007 McCABE, WEISBERG, AND CONWAY, P.C.
BY: --J
Attorneys for aintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
EXF?E??i G
McCA13E, WEISBEI2G AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - 11) # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorneys for Plaintiff
Countrywide Home Loans, Inc.
Cumberland County
Court of Common Pleas
vs.
Duane R. Schreffler
Number 07-3171
DATE: October 2, 2007
TO: ALI, PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNER(S): Duane R. Schreffler
PROPERTY: 141 Pleasant Grove Road, Mechanicsburg, PA 17050
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriff's Sale on December 5, 2007,
at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland
County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate
that you may hold a mortgage or judgments and liens on, and/or other interests in the property
which will be extinguished by the sale. You may wish to attend the sale to protect your interests.
A schedule ofdisribution will be filed by the Sheriff on a date specified by the Sheriff not later
than 30 days after sale. Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within 10 days after the filing of the schedule.
1 f E T B
XH
o y?
?. 00
l = N ?-,f
{ ?rTl r _
T
{ t?
' { 1 m
(lC}El nnl
x?? Wo moo, C?a Oro d:
1 d w w r.
to x
-n -CD -t
` ? O • O ., O p n?4 Cr O O CD "G O H x 'd w 'JJ O' Y :'
1 .? ry '? .? r Ta W Cp O O `6 • (') UQ N N A N O- CD ?:
{{ ,-1?a?w? o--.,a,?•A? ?'??n??.eCo;'c?-n?co rn m _o();v "G?
o
v? Fv CG W ('1 Ox 'o Q4 p (D r-?p ((Q D! `S7 -3 o J (7Q
I 6' O h O CJ >y 't C/) --3 r V? "? 1 O O t:i v.
o v G7- as 00 N d°= " b?? ?n ~ -d?°' A d? o s o z. noaF
•./? [D •-h (D . ,,p ^t Vi O O CJ - W W x r O r O v. F F
qua o Aa ?dQ Cb Yocr dao
>-- no
O-• ., ; n .
''' •?+ A p z'j G N d p A?'•d n CD ::3
r 1 0 ? ?y o c? un - ? - . N . CD CD o.. a
00 COS.
C? J a\ N >y ?, P1 CD O
rn ^?ZY 00 CD N
1 - N Co d S ?. v
N ?
00
Cu
v?
I yS b'
r
(- s
4
I
? _N
CS
0
a
rnip
Cs{ c n
MCCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. W EISBERG, ESQUIRE - ID # 17616
EDWARD 1). CONWAY, ESQUIRE - 11) # 34687
MARGARET GAIRO, ESQUIRE. - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorneys for Plaintiff
Countrywide Home Loans, Inc.
Cumberland County
Court of Common Pleas
vs.
Duane R. Schreffler
Number 07-3171
SUPPLEMENTAL AFFIDAVIT OF SERVICE
I, the undersigned, Esquire, attorney for the Plaintiff in the within matter, hereby certify
that on the 2"a day of October 2007, a true and correct copy of the Notice of Sheriff's Sale of
Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to
3129 which is attached hereto as Exhibit "A".
Copies of the letter and certificate of mailing are also attached hereto, made a part hereof
and marked as Exhibit "B."
MCC , WEISTB? t ll NWAY, P.C.
BY:?Ct? 4
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD 1). CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Notarial seal
Susan J. Markowitz, Notary pubk
City of Philadelphia, Philadelphia
County Commission Expires Fob. 13,, 2011"7nmber, Pennsylvania SSOG81?pf?
SWORN "CO AND SUBSCRIBED
BEFORE ME THIS 2nd DAY OF
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Countrywide Home Loans, Inc.
Plaintiff
V.
Duane R. Schreffler
Defendant
Attorneys for Plaintiff
COURT OF COMMON PLEAS
Cumberland COUNTY
Number 07-3171 Civil
AMENDED AFFIDAVIT PURSUANT TO RUI,E 3129
I, the undersigned attorney for Plaintiff in the above action, set forth as of the date the
Praecipe for the Writ of Execution was filed the following information concerning the real
property located at: 141 Pleasant Grove Road, Mechanicsburg, PA 17050 (Tax Parcel 1i38-14-
0850-014), a copy of the description of said property is attached hereto and marked as Exhibit
"A."
1. Name and address of Owner or Reputed Owner:
Name Address
Duane R. Schreffler 141 Pleasant Grove Road
Mechanicsburg, PA 17050
2. Name and address of Defendant in the judgment:
Name Address
Duane R. Schreffler 141 Pleasant Grove Road
Mechanicsburg, PA 17050
3
4
5
6
7
Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Name Address
Plaintiff herein
Name and address of the last recorded holder of every mortgage of record:
Name
Plaintiff herein.
COMMERCIAL CREDIT
SAVINGS BANK
FULTON BANK
Address
32n" and Trindle Road
Camp Hill, PA
6520 Carlisle Pike
Mechanicsburg, PA 17055
Name and address of every other person who has any record lien on the property:
Name
None
Address
Name and address of every other person who has any record interest in the
property which may be affected by the sale:
Name
None
Address
Name and address of every other person of whom the plaintiff has knowledge who
has any interest in the property which may be affected by the sale:
Name
Tenants
Domestic Relations
Cumberland County
Address
141 Pleasant Grove Road, Mcchanicsburb,
PA 17050
P.O. Box 320
Carlisle, PA 17013
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
Commonwealth of Pennsylvania
Bureau of Individual "ITax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
Internal Revenue Service
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
1400 Spring Garden Street
Philadelphia, PA 191 30
6th Floor, Strawberry Square
Department 4280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Technical Support Group,
William Green Federal Bldg.
Room 3259, 600 Arch Street
Philadelphia, PA 19106
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriffs Sales
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
October 2, 2007 McCA13E, WEIS13 2G, AN CONWAY, P.C.
BY C --- ------
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE,
MCCABE, WEISBERG AND CONWAY,1'.C.
BY: TERRENCE J. McCABE, ESQUIRE - II) # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorneys for Plaintiff
Countrywide Home Loans, Inc.
Cumberland County
Court of Common Pleas
vs.
Duane R. Schreffler
Number 07-3171
DATE: October 2, 2007
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNER(S): Duane R. Schreffler
PROPERTY: 141 Pleasant Grove Road, Mechanicsburg, PA 17050
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriffs Sale on December 5, 2007,
at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland
County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate
that you may hold a mortgage or judgments and liens on, and/or other interests in the property
which will be extinguished by the sale. You may wish to attend the sale to protect your interests.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later
than 30 days after sale. Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within 10 days after the filing of the schedule.
EXHIBIlp B
00
00 CR-
O o' C l J ? J r
3 N7 p r ¢ry.Q-
..,j -' V;tfa
^^?r r
O rn ,?
o C C
7d o Z
Z M
o''?r1
b nc >v Na0 o _°; ,
o A
s a. ? ro
C O "y ,O^jv .?
7 'S V1 ? ? '? J
m 7 E
o
a
ro
a
-u?y = ryG3??
3 "° y r
:21 N
_ :Ss
^ ? ? ?~ .ice
7_G5_
al,
70
r?? z v
40
y?? s
-Amp
Ilk
Ga Q rs
gn
nib
C-n G?
y#i
McCABE, WEISBERG AND CONWAY, P.C.
~ErY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorneys for Plaintiff
Countrywide Home Loans, Inc.
Cumberland County
Court of Common Pleas
vs.
Duane R. Schreffler
Number 07-3171
SUPPLEMENTAL AFFIDAVIT OF SERVICE
I, the undersigned, Esquire, attorney for the Plaintiff in the within matter, hereby certify
that on the 17th day of October 2007, a true and correct copy of the Notice of Sheriffs Sale of
Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to
3129 which is attached hereto as Exhibit "A".
Copies of the letter and certificate of mailing are also attached hereto, made a part hereof
and marked as Exhibit "B."
SWORN TO AND SUBSCRIBED
BEFORE ME THIS 17th DAY OF
OCTOBER. 2007.
OTARY
McCABE, ERG J ?ONWAY, P.C.
BY: Z---
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Nato" seal `
A MmkowkPhftdeo" . No?arY:pubiic WOW",
nhs piras Fob. 13.201f
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Countrywide Home Loans, Inc.
Plaintiff
V.
Duane R. Schreffler
Defendant
Attorneys for Plaintiff
COURT OF COMMON PLEAS
Cumberland COUNTY
Number 07-3171 Civil
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
I, the undersigned attorney for Plaintiff in the above action, set forth as of the date the
Praecipe for the Writ of Execution was filed the following information concerning the real
property located at: 141 Pleasant Grove Road, Mechanicsburg, PA 17050 (Tax Parcel #38-14-
0850-014), a copy of the description of said property is attached hereto and marked as Exhibit
"A."
1. Name and address of Owner or Reputed Owner:
Name Address
Duane R. Schreffler 141 Pleasant Grove Road
Mechanicsburg, PA 17050
2. Name and address of Defendant in the judgment:
Name Address
Duane R. Schreffler 141 Pleasant Grove Road
Mechanicsburg, PA 17050 EXHIBIT
A
3
4
5
6
7
Name and last known address of every judgment creditor whose judgment is a
record lien on the real property to be sold:
Name Address
Plaintiff herein
Name and address of the last recorded holder of every mortgage of record:
Name
Plaintiff herein.
COMMERCIAL CREDIT
SAVINGS BANK
FULTON BANK
Address
32" and Trindle Road
Camp Hill, PA 17011
6520 Carlisle Pike
Mechanicsburg, PA 17055
Name and address of every other person who has any record lien on the property:
Name
None
Address
Name and address of every other person who has any record interest in the
property which may be affected by the sale:
Name
None
Address
Name and address of every other person of whom the plaintiff has knowledge who
has any interest in the property which may be affected by the sale:
Name Address
Tenants 141 Pleasant Grove Road, Mechanicsburg,
PA 17050
Domestic Relations P.O. Box 320
Cumberland County Carlisle, PA 17013
EXHIBIT A
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
Internal Revenue Service
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
1400 Spring Garden Street
Philadelphia, PA 19130
6th Floor, Strawberry Square
Department 4280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Technical Support Group,
William Green Federal Bldg.
Room 3259, 600 Arch Street
Philadelphia, PA 19106
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriffs Sales
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities.
October 17, 2007 McCABE, W ERG, ND CONWAY, P.C.
BY: ?---
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
EXHIBIT A
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorneys for Plaintiff
Countrywide Home Loans, Inc.
Cumberland County
Court of Common Pleas
vs.
Duane R. Schreffler
Number 07-3171
DATE: October 17, 2007
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNER(S): Duane R. Schreffler
PROPERTY: 141 Pleasant Grove Road, Mechanicsburg, PA 17050
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriffs Sale on December 5, 2007,
at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland
County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate
that you may hold a mortgage or judgments and liens on, and/or other interests in the property
which will be extinguished by the sale. You may wish to attend the sale to protect your interests.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later
than 30 days after sale. Distribution will be made in accordance with the schedule unless
exceptions are filed thereto within 10 days after the filing of the schedule.
EXHIBIT B
b
Ln
0
w
ao
a
^n
A
v2
N
O
O
n
0
A
A
a
A
K
A
K
0
0
-e
m
ro
0
0
ro
A
EXHIBIT B
lull
r 7M.
Ch tr
? r`' 4
?
C ?'
y
.r _. ? .-a.J G
i,?P? ? n_,ry {?1
w
`
t.-_
? ?... •
E A
!'?'
'?, ?
y !r
Attorneys for Plaintiff
•
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
FRANK DUBIN, ESQUIRE - ID # 19280
BONNIE DAHL, ESQUIRE - ID # 79294
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
iyu-lulu
Countrywide Home Loans, Inc.
Cumberland County
Court of Common Pleas
VS.
Duane R. Schreffler
Number 07-3171
AFFIDAVIT OF SERVICE
COMMONWEALTH OF PENNSYLVANIA
SS
COUNTY OF PHILADELPHIA
I, Terrence J. McCabe, Esquire, attorney for Plaintiff in the within matter, being duly sworn
according to law, deposes and says that a true and correct copy of the Notice of Sheriff's Sale was
served upon the Defendant, Duane R. Schreffler, by regular mail, certificate of mailing, and certified
mail, return receipt requested, dated August 1, 2007 and. addressed to 141 Pleasant Grove Rd.,
Mechanicsville, PA 17050. The regular mail was never returned, and the certified mail was delivered
on August 3, 2007 and signed for by the Defendant, Duane R. Schreffler. True and correct copies
of the letter, certificates of mailing, certified receipt number 7007-0220-0000-4331-5349 and signed
green card are attached hereto, made part hereof, and marked as Exhibit "A".
SWORN TO AND SUBSCRIBED
McCABE, WEISBERG AND CONWAY, P.C.
BEFORE ME THIS 2."t"DAY
OF 2007.
S G??Cr'
NOTARY PUBLIC
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
Chrissandra Shaye Hamilton, Notary Public
City of Philadelphia, Phila. County
M Commission Expires January 4, 2009
By:
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
BONNIE DAHL, ESQUIRE
ANDREW L. MARKOWITZ, ESQUIRE
LAW OFFICES
McCABE, WEISBERG & CONWAY
P.C.
TERRENCE J. McCABE*** ,
MARC S. WEISBERG**
EDWARD D. CONWAY SUITE 2080
MARGARET GAIRO 123 SOUTH BROAD STREET
RITA C. BUSCHER*$ PHILADELPHIA, PA 19109
MONICA G. CHRISTIE +t (21
10
FRANK DUBIN (2215) 790 5) 790-1274
FAX
BRENDA L. BROGDON*
SEAN GARRETT*+
BONNIE DAHL*
BETH L. THOMAS
SVEN E. PFAHLERT*
JOSEPH VACCARO*
MICHELE DELILLEA
CATANIA TRIGOA
+ Lice sed in PA & NJ
•• Licmud in PA & NY
4 Licmced in PA & NM
••• Licmud in PA. NJ & NY
r Licrosed in NY & Cr
^ Licensed in NY
j Managing A-cy for NJ
+ Mmaging Aft mey for NY
August 1, 2007.
Duane R. Schreffler
141 Pleasant Grove Road
Mechanicsburg, PA 17050
Re: Countrywide Home Loans, Inc. v. Duane R. Schreffler
CUMBERLAND COUNTY C.C.P. NUMBER 07-3171 Civil Term
Dear Duane R. Schreffler
SUITE 600
216 HADDON AVENUE
WESTMONT, NJ 08108
(856) 858-7080
FAX (856) 858-7020
SUITE 205
53 WEST 36TH STREET
NEW YORK, NY 10018
(917) 351-1188
FAX (917) 351-0363
JOSEPH F. RIGA*
Of Counsel
Enclosed please find a true and correct copy of a Notice of Sheriffs Sale regarding the
above-captioned matter.
Regina Davis, for
McCABE, WEISBERG AND CONWAY, P.C.
TJM/rda
Enclosures
SENT VIA REGULAR MAIL AND
CERTIFIED MAIL NUMBER 7007 0220 0000 4331 5349
RETURN RECEIPT REQUESTED
N l
\ h ? p
1 J
7007 0220 0000 4331 5349
? m
...!\
m
T
m
own
L AV, I!I
Q 1
. ,}
? w
r rn `? w
too o _
N 0
`? ON C7) aw
¦®¦1 ?? o W
Q da
N !
o
`i LO w '
O
C
`meson a °
Al.
I
a°
o
?
a
PC ?
u
U
a 0?0 ? ?
x a ? z Gy ;
O
o°
w
v
U?????
? c o i7 ? ? W
a? v
U
> c A
3 ? U
b 0
v V M ..+ F.1
z 'I; Ec d
N I- I"t I- Il?oIt--1 00 1 c?
??yyyqo
Y Y V
oialy$j 6
yA•G^
G 9 ? ?
Q.S .P .t.
? a
G
3 ?
a g y
5 $
S5 zB
a ?-
,nga
??$E2
v
U
0
a
a°
O
6z
C
w
a
a
Cw
is
00
L
O
Q
rr
U
z
U
G 4)
w°
E?
?? N
p
c-n
Countrywide Home Loans, Inc.
VS
Duane R. Schreffler
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No. 2007-3171 Civil Term
Gerald Worthington, Deputy Sheriff, who being duly sworn according to law, states that on
October 01, 2007 at 1452 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendant, to wit: Duane R.
Schreffler, by making known unto Duane Schreffler personally at 141 Pleasant Grove Rd.,
Mechanicsburg, Cumberland County, Pennsylvania its contents and at the same time handing to him
personally the said true and correct copy of the same.
Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on
October 08, 2007 at 1534 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster
and Description, in the above entitled action, upon the property of Duane R. Schreffler located at
141 Pleasant Grove Rd., Mechanicsburg, 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: Duane R.
Schreffler by regular mail to his last known address of 141 Pleasant Grove Rd., Mechancisburg, PA
17050. This letter was mailed under the date of October 12, 2007 and never returned to the Sheriffs
Office.
R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is
returned STAYED per letter of request from Attorney Terrence McCabe.
Sheriff s Costs:
Docketing 30.00
Poundage 18.68
Advertising 15.00
Posting Handbills 15.00
Mileage 17.28
Levy 15.00
Surcharge 20.00
Law Library .50
Prothonotary 2.00
Law Journal 437.00
Patriot News 367.25
Share of Bills 14.92
b7 9
$952.63
-
R. Thomas Kline, Sheriff
BY
Real state ergeant
?0
U G I3?Z
4, aoIG4
f
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Countrywide Home Loans, Inc.
Plaintiff
V.
Duane R. Schreffler
Defendant
Attorneys for Plaintiff
COURT OF COMMON PLEAS
Cumberland COUNTY
Number 07-3171 Civil
AFFIDAVIT PURSUANT TO RULE 3129
I, the undersigned attorney for Plaintiff in the above action, set forth as of the date the
Praecipe for the Writ of Execution was filed the following information concerning the real
property located at: 141 Pleasant Grove Road, Mechanicsburg, PA 17050 (Tax Parcel #38-14-
0850-014), a copy of the description of said property is attached hereto and marked as Exhibit
11A
1. Name and address of Owner or Reputed Owner:
Name Address
Duane R. Schreffler 141 Pleasant Grove Road
Mechanicsburg, PA 17050
2. Name and address of Defendant in the judgment:
Name Address
Duane R. Schreffler 141 Pleasant Grove Road
Mechanicsburg, PA 17050
1
3.
4.
5
6
Name and last known address of everyjudgment creditor whose judgment is a
record lien on the real property to be sold:
Name Address
Plaintiff herein
Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein.
Name and address of every other person who has any record lien on the property:
Name
None
Address
Name and address of every other person who has any record interest in the
property which may be affected by the sale:
Name
None
Address
7. Name and address of every other person of whom the plaintiff has knowledge who
has any interest in the property which may be affected by the sale:
Name
Tenants
Domestic Relations
Cumberland County
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
Address
141 Pleasant Grove Road, Mechanicsburg,
PA 17050
P.O. Box 320
Carlisle, PA 17013
Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
1400 Spring Garden Street
Philadelphia, PA 19130
s•
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
Internal Revenue Service
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Technical Support Group,
William Green Federal Bldg.
Room 3259, 600 Arch Street
Philadelphia, PA 19106
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriffs Sales
I verify that the statements made in this Affidavit are true and correct to the best of my
personal knowledge or information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities.
July 24, 2007 McCABE, WEISBERG, AND CONWAY, P.C.
BY: -vG
Attorneys for aintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Attorneys for Plaintiff
Countrywide Home Loans, Inc.
Cumberland County
Court of Common Pleas
vs.
Duane R. Schreffler
Number 07-3171
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Duane R. Schreffler
141 Pleasant Grove Road
Mechanicsburg, PA 17050
Your house (real estate) at 141 Pleasant Grove Road, Mechanicsburg, PA 17050 (Tax
Parcel #38-14-0850-014) , is scheduled to be sold at Sheriffs Sale on December 5, 2007 at 10:00
a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County
Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013, to enforce the court judgment
of $100,564.99 obtained by Countrywide Home Loans, Inc. against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
The sale will be canceled if you pay to Countrywide Home Loans, Inc., the back
payments, late charges, costs, and reasonable attorney's fees due. To find out how
much you must pay, you may call McCabe, Weisberg and Conway, P.C. at (215)
790-1010.
2. You may be able to stop the sale by filing a petition asking the Court to strike or
open the judgment, if the judgment was improperly entered. You may also ask
the Court to postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See the following notice on how to obtain an attorney.)
2
3
4
6
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You
may find out the price bid by calling McCabe, Weisberg and Conway, P.C. at (215) 790-
1010.
You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
The sale will go through only if the buyer pays the Sheriff the full amount due on the
sale. To find out if this has happened, you may call McCabe, Weisberg and Conway,
P.C. at (215) 790-1010.
If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of
the property as if the sale never happened.
You have a right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal
proceedings to evict you.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff
not later than 30 days after sale. Distribution will be made in accordance with the
schedule unless exceptions are filed thereto within 10 days after the filing of the
schedule.
You may also have other rights and defenses, or ways of getting your real estate back, if
you act immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE.
IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET
FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
COUNTY
COURT ADMINISTRATOR
4TH FLOOR,
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PENNSYLVANIA 17013
(717) 240-6200
OR CUMBERLAND
BAR ASSOCIATION
2 LIBERTY AVENUE
CARLISLE, PA 17013
(717) 249-3166
LEGAL DESCRIPTION
ALL THOS15 CI:R,TACN lots of ground sttnate kit the Township of Skiver Spring, Ccwty of Cumberland and Stabs of
PernWivania, bounded and described ar follows, to Wt,,
NICNG at a paint In the center fate of Township Route No. 595, said point, being naferenced easWardly a
dislanm of 783,16 feet from the center line Inter ore of Township Raubm, Nos. 592 and 595; thece along the
center dine of Township Route lVci. 595 South .58 degrees 16 minutes East, 255,0 feet to a palm; thence along
other land now or late of D. S. Poorr an and New E. Poomn, his wtfe, South 31 denim 44 minutes West,
166.48 feet to a stalm; thence along land of the same, NoO 58 degrees 16 minutes Wdst 141.15 f6et to a
ahke; Owa along land. now or late of 5dwin S. Mebger and Betty Aft ref', his Wfe, North 27 degr+em 29
minute W,187.0 fled to a paint in the cc ter Here of Township Route No. 5%, the Rye of WOWS
PAltM NO. Z, BMNIW at a point In the center line of Townshp We No. 5'95, stid point being r*reace)
eastvvardly a distance of 998.16 feet, frorn the center line Idermetion of Township Routes Nos. 595 and 59Z
thence along the centerline of Tawnshlp Route No. $95, South 56 decrees 16 mutes WeA 4SO fleet to a point,
thence along the line of other (ands new or late of M S. Poorman and Ifelen E. Poorrnan, his wife, Soulb 51
degrees 44 minutes West 166,48 feet to a stake; thence along the line of land of the same, NoM 58 degrees 16
minutes West, 45.0 feetba a point; thence along land of Edwin S. Meter, North 31 degrees 44 rrdn€ctes East
186.48 feet to a Ont In the aMr one of Township Route No. 595, the place of 81508046.
THE within promises Is Imprwed with a single faf* dweJing, presengy known and numbered as 141 13W39brit
Grove Rawl, MethanicOurg, PA, 17050-
Being the same premises which Ray H. Schreffler and Fern E. Schreffler, by deed dated the 6/12/2002,
and recorded 6/13/2002 in the Office of the Recorder in and for Cumberland County in Deed Book 252,
Page 857, granted and conveyed to Duane R. Schreffler, in fee.
TAX MAP PARCEL NUMBER: 38-14-0850-014
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-3171 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC. Plaintiff (s)
From DUANE R. SCHREFFLER
(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 $100,564.99
L.L. $.50
Interest from 7/25/07 - 12/05/07 - $2,215.02 at $16.53 Per Diem
Atty's Comm % Due Prothy $2.00
Atty Paid $156.60 Other Costs
Plaintiff Paid
Date: 7-26-07
is^R. Long, Prothonotar&
(Seal) By:
Deputy I
REQUESTING PARTY:
Name MARGARET GAIRO, ESQUIRE
Address: MCCABE, WEISBERG AND CONWAY
123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 34419
Real Estate Sale # 34
On August 16, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
Silver Spring Township, Cumberland County, PA
Known and numbered as 141 Pleasant Grove Road,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: August 16, 2007
By:
Q6 C S"
Real Estate Sergeant
[e :E ',
OE 7"', f ?,
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
STATE OF PENNSYLVANIA :
COUNTY OF CUMBERLAND :
ss.
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 26, November 2 and November 9, 2007
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
REAL ESTATE SALE NO. 34
Writ No. 2007-3171 Civil
Countrywide Home Loans, Inc.
VS.
Duane R. Schreffler
I Atty.: Margaret Gairo
t DESCRIPTION
ALL THOSE CERTAIN lots of
ground situate in the Township of
Silver Spring, County of Cumberland
and State of Pennsylvania, bounded
and described as follows, to wit:
BEGINNING at a point in the cen-
ter line of Township Route No. 595,
said point being referenced eastward-
ly a distance of 783.16 feet from the
center line intersection of Township
Routes Nos. 592 and 595; thence
along the center line of Township
Route No. 595 South 58 degrees 16
minutes East, 155.0 feet to a point;
thence along other land now or late
of D. S. Poorman and Helen E. Poor-
.. -----
- 7:)? - q-
Lis Marie Coyne, Edit
SWORN TO AND SUBSCRIBED before me this
9 day of November, 2007
Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
rlMy ARLISLE BORO, CUMBERLAND COUNTY
Commission Expires Apr 28, 2010
The Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8292
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
te PNow you know
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
rlilflilmoo *46"
oil I
1*, This ad ran on the date(s) shown below:
? N L?I?Is„ irra
10/24/07
A
O?W Gdra 10131107
" pp 11107107
is *
ALL MW CMA>'i lots of 8twad mom
de ftbz ?............ oft. NOW
Sworn to and sub crib be me this 30 day of November, 2007 A.D.
l> >* t
ati?erlaleYe of 716 fax
? 6oat ?-Harter ?11e
ti l !tor 9112 $10 YB..tl ws t de
r deymw% Notary Public
u IQaex s1t? o4et 11d`a w er itse a f D S.
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
James L Clads. Ndary Public
Ctty Of tiarrl XQ, Dawlin Courtly
27 dapees 29 etirrras #tis'ttsiat My Commission Expires June 2, 2008
14Nse Member, Pennsylvania Association of Notaries
ill s ?
a Mrr ias of ?i! ?r lZ .l
MIMI