HomeMy WebLinkAbout07-3448IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
EMC MORTGAGE CORPORATION,
Plaintiff,
vs.
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Defendants.
CIVIL DIVISION
NO..
? - L
TYPE OF PLEADING
CIVIL ACTION-COMPLAINT
IN MORTGAGE FORECLOSURE
TO DEFENDANTS
You are hereby notified to plead to the ENCLOSED
COMP" INT WITHIN TWENTY (20) DAYS
FRO VICE HEREOF
A OREY IFF
I HEREBY CERTIFY THAT THE ADDRESS
OF THE PLAINTIFF IS:
2780 Lake Vista Drive
Lewisville, TX 75067
AND THE DEFENDANTS IS:
411 Lamp Post Lane
Camp PA 17011 A
ATTORNEY FOR PLAT--IrFF
CERTIFICATE OF LOCATION
I HEREBY CERTIFY THAT THE LOCATION OF
THE REAL ESTATE AFFECTED BY THIS LIEN IS
Hampden Township
(CITY, ORO, TOWNSHIP,WARD)
L-
A ORNEY FOB F,AINTIFF
FILED ON BEHALF OF PLAINTIFF:
EMC Mortgage Corporation
COUNSEL OF RECORD FOR THIS
PARTY:
Daniel J. Birsic, Esquire
Pa. I.D. #48450
Kristine M. Anthou, Esquire
Pa. I.D. #77991
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
EMC MORTGAGE CORPORATION, CIVIL DIVISION
Plaintiff,
vs.
NO..
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Defendants.
NOTICE TO DEFEND
You have been sued in court. If you wish to defend against the claim set forth in the
following pages, you must take action within twenty (20) days after this complaint and notice are
served, by entering a written appearance personally or by attorney and filing in writing with the
court your defenses or objections to the claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a judgment may be entered against you by the
court without further notice for any money claimed in the complaint or for any other claim or
relief requested by the plaintiff. You may lose money or property or other rights important to
you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166 or Toll Free (800) 990-9108
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
EMC MORTGAGE CORPORATION, CIVIL DIVISION
vs.
Plaintiff,
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Defendants.
NO.: 0'7- 9 y y P C' Ld -7-#--
CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE
EMC Mortgage Corporation, by its attorneys, Grenen & Birsic, P.C., files this Complaint
in Mortgage Foreclosure as follows:
1. The Plaintiff is EMC Mortgage Corporation, which has its principal place of
business at 2780 Lake Vista Drive, Lewisville, TX, 75067 and is authorized to do business in the
Commonwealth of Pennsylvania.
2. The Defendants, James L. McNaney, Jr. and Debra E. McNaney, are individuals
whose last known address is 411 Lamp Post Lane, Camp Hill, PA, 17011.
3. On or about June 23, 2006, Defendants executed an Adjustable Rate Note
("Note") in favor of EquiFirst Corporation in the original principal amount of $146,000.00. A
true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof.
4. On or about June 23, 2006, as security for payment of the aforesaid Note,
Defendants made, executed and delivered to Mortgage Electronic Registration Systems, Inc., as
Nominee for EquiFirst Corporation ("MERS"), a Mortgage in the original principal amount of
$146,000.00 on the premises hereinafter described, said Mortgage being recorded in the Office
of the Recorder of Deeds of Cumberland County on June 29, 2006 in Mortgage Book Volume
1956, Page 3585. A true and correct copy of said Mortgage containing a description of the
premises subject to said Mortgage is marked Exhibit "B", attached hereto and made a part hereof.
5. MERS assigned the aforesaid Mortgage and Note to Plaintiff pursuant to the
terms of a certain Assignment of Mortgage.
6. Defendants are the record and real owners of the aforesaid mortgaged premises.
7. Defendants are in default under the terms of the aforesaid Mortgage and Note for,
inter alia, failure to pay the monthly installments of principal and interest when due. Defendants
are due for the August 1, 2006 payment.
8. On or about April 5, 2007, Defendants were mailed Notices of Homeowner's
Emergency Mortgage Assistance Act of 1983 (Act 91 Notices) in compliance with the
Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended.
9. Plaintiff was not required to send Defendants a separate Notice of Intention to
Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. '101, et seq., as a result of
sending the Act 91 Notices.
10. The amount due and owing Plaintiff by Defendants is as follows:
Principal $146,000.00
Interest to 5/27/07 $10,367.20
Late Charges to 5/27/07 $52.80
Attorney's fees $1,250.00
Title Search, Foreclosure and
Execution Costs $2,500.00
TOTAL $160,170.00
WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due
of $160,170.00 with interest thereon at the rate of $31.40 per diem (as may change from time to
time in accordance with the terms of the Note) from May 27, 2007, and additional late charges,
additional reasonable and actually incurred attorney's fees, plus costs (including increases in
escrow deficiency) and for foreclosure and sale of the mortgaged premises.
GRENEN & BIRSIC, P.C.
I / /l r
BY: ,
Daniel J. Birsic, quire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281 7650
THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED
WILL BE USED FOR THAT PURPOSE.
0 •
'O"JUSTABLE RATE NOTE .16
(LIBOR Index - Rate Caps) NN 100200100091906518
THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY INTEREST RATE AND
MY MONTHLY PAYMENT. THIS NOTE LIMITS THE AMOUNT MY 114TEREST RACE CAN
CHANGE AT ANY ONE TIME AND THE MAXIMUM AND MINIMUM RATE I MUST PAY.
June 23, 2006 Camp Hill
PA
(D-) (City)
(sour)
411 Lamp Post Lane, Camp Hill, PA 17011
1. BORROWER'S PROMISE TO PAY
In return for a loan that t have received, I promise to pay U,S. S 146,000.00 (this amount is called
"Irrinoipal"), lus interest, to the order of the Lender. The Lender is EquiPirat Co ration . I will make all order.
rstand ppNot?e.eThe Lender or Sanyo a who taakkes thhs Note by trans fer an who is endtitled to receive Larder may dtransfer er this the
Note is called the "Note Holder." payments under this
2. INTEREST
Interest will be charged on unpaid principal until the full amount of principal has been paid, I will pay interest
at a yearly rate of 7450 $L The interest rate I will pay may change in accordance with Section 4 ofthe Note.
The interest rata required by this Section 2 and Section 4 of this Note is the rate I will pay both before and after
any default described in Secdon 7(B) of this Note.
3, PAYMENTS
(A) Time and Place of Payments `
I will pay principal and Interest by making a payment every month. "
I will make my monthly payments on the lit day of each month beginning on August It 2006
1 will make these payments every month until 1 have paid all of the principal and Interest and any other
charges described below that I may owe under this Note. Each month)
due date and will be applied to interest before iocipal. If on July 1, 2036 payment 1 still owes amounts i nder th s Note,
1 will psy those amounts in Poll on that date, which Is called the "Maturity Date."
1 willmake my monthI payments e
EquMrgt Corporation, 500 Forest Point Circle , Charlotte, NC 28273
or at a different place if required by the Note Holder.
2) Amount of my initial Monthly payments
ch of my initial monthly payments will be in
7`11 is amount may change the amount of U.S. $ 1,056 07 .
.
(C) Monthly Payment Changes
Changes in my monthly payment will reflect changes In the unpaid prhuc' pal of my loan and in the lateral
rate that 1 must pay. The Note Holder will determine my new interest rate and the changed amount of my monthly
payment in accordance with Section 4 of this Note,
Multistele Adjustable Rate Note-Libor Index 96K-I/
EF8I5N (2/00) (Pennsylvania Version) Loan Number 989063 Page I of4 Ji--1
Initials
4. INTEREST RATE AND 14WH•PAYMENT CHANGES •
(A) Change Dates
The interest rate I will pay may change on July, 2008, and on that day every sixth month thereafter. Each
date bra which my interest rate could change is called a "Change Date."
(B) The Index
beginningg with the first Change Date, my interest rate will be based on an Index. The "index" is the average
of utterbank oflened rites for six-month U.S. dollar--denominated dep t ? ry kat published in The Wall Sheet Journal. The most recent index figure ava ableaa Londonfirat busineLIBO
day of the
month immediately preceding the month in which the ChaW Date occurs is called the "Current Index'.
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information. The Note Holder will give me notice of this choice.
(C) Calculation or Changes
Before each Chan gge Due, the Note Holder will calculate my new interest rate by addtst? 3.330 ppeet vantage
points ( 3.550 %) to the Current Index. The Note Holder will then round the result of this addition to flee nearest
one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded
amount will be my new Interest rate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the
unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate
in substantially equal payments. The result of this calculation will be the now amount of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 10.83044 or less than
7.850 %, Thereafter, myy interest rate will never be Increased or decreased on any single Change Date by more than
one percentage point (1.00094) from the rate of interest I have been pa ing for the preceding six months, My
interest rate will never be greater then 13.850% or less than the initial interest rate provided for In Section 2 of this
Note.
(E) Effective Date of Change
my new interest rate will become affective on each Change Date. I will pay the amount of my new monthly
payment beginning on the first monthly payment date after the Change Date until the amount of my monthly
payment changes again, y
Notice or Changes
e Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my
monthly payment before the effective date of any char
the notice o. The notice will include information required by law to
be given me and also the title and telephone number ofea person who will answer any question I may have regarding
.
S. BORROWER RIGHT TO PREPAY
(A) Prepayment I have the right to make payments at say time before they arc due. A payment of principal only
is (mown as ° "Prepayment"• When I an
ent, will tell the te Holder in writi
No t am doing so. If I
Nona Holler tgayumienwtrithero will be no ch a prepaymanges in the duI e date or in the amount of my monde y payment unlace the
ttng to those changes, My partial prepayment may reduce the etnount of my monthly
paymenq after the first Change Date following my parttal prepayment. However, any reduction due to my partial
Prepayment may be offset by an interest tau increase.
(B) Prepayment Penalty
In the event, during the first 2 years after the execution of this Note, l make a prepayment and the prepayment exceeds
twenty Percent (20%) of the original principal amount of the loan in any twelve (12) month p I will pay a
Prepayment charge in an amount equal to six (6) months' advance interest on the amount pMonih ch ariod, in excess of
Holder calipernett a 20%)a of t ? ai principal amount of the loan within the twelve (12) monthwhiperiod, The Note
prepayment penalty after the 2nd anniversary of the date of execution of this Note.
EP8l SN 00?
Loan Number 989065 Page 2 of 4
Initials `?
6. LOAN CHARGES
If a taw, which applies to Akan and which seta maximum loan charges, ii' ally interpreted so interest or other loan charges collected or to be collected in connection with this loan exceed tlu iced am
•°(4 any such loan eherge ahail be reduced by the amount necessary to reduce the c ttLhee
and (ii) any sums already collected lfom me whidt exceuded permitted limits will be refund to meTh it:
Ho[ r may choose to mane this reflmd by redueing the principal I owe under thb Note or by. malting a direct
paymeot to me. If a refund reduces principal, the redueGtm well be treated ea a partial prepayment.
then
7. BORROWER'S FAILURE TO PAY AS REQUIRED
(A) Late Charga for Overdue Payments
If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days
after die date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.00 % of my
overdue payment of principal and Interest. I will pay this late charge but only once on each late payment,
(8) Default
If I do not pay the full amount of each monthly payment on the date it is due, I will be in default
(C) Notice of Default
If I am in default, the Note holder may send me a written notice telling me that if f do not pay the overdue
=b by a certain date, the Note Hodder may require me to pay immediately the flail amount of principal which
een paid and all the interest that I owe on that amount. That date mast be at least 30 days after the date on
which the notice is mailed to me or delivered by other means.
(D) No Even if, at a l time when I am in default, the Note Holder does not repire me to pay immediately in full as Note Holder
described above, the Note Holder will still have the right to do so if I am in default at a later time.
Papsent of Note Holder's Costs and Expenses
11 the Note Holder has required me to psy in full u described above, the Note Holder will have the right to be
paid back by me for all of its costs and expenses in enforcing this Note to the extant not pmbibited by applicable
law. Those expenses include, for example, reasonable attorneys' foes.
8. GIVING OF NOTICES
Unless appplicable taw requires a different method, way notice that must be Oven to me under this Note will
be q?von by do iverinng it or by mailing It by tint class mail to me at the Property Address above or at a different
address If I give the late Holder a notice of my different address.
Any notice that must be given to the Note Holder under this Note will be given by delivering it or by mailing
it by tint class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I am
given a notice of that difibmat address.
9. OBLIGATIONS OF PERSONS UNDER THIS NOTE
If more then one person signs this Note, each person Is fully and personally obligated to keep all of the
promises trade in this rote, including the promise to pay the full amount owed. An yak ns
surety or endorser of this Note is also obligated to do these things. Any person who oak person s over who obligatio,
in
made in this Note. cluding the obligations of a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises Note ags rest all o us togs hoer, This means that any one of us may be to against each person nt
Note, required pay all of the amounts owed under this
10. WAIVERS
I and any other pawn who has obligations under this Note waive the rights of presentment and notice of
dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of
dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been
paid.
EFS15N owl
Loan Number; 989065 Page 3 of 4 , ..-N
Initials
11. UNIFORM SECURED N • •
Thin Note is a uniform i to with limited variations in some urisdf?w. In addition to the protections
given to the Note Holder under this 0 Note, s Mon 0. Deed of Ttnator ecrtrity Dead (the "Security Instrument ),
dated the same date as this N (acts the Note Bolder ftm possible losses which might result if 1 do not keep
in this ote
the promises that 1 make . That Security losttument describes how and under what conditions I may be
roqurrad to make immediate payment in full of all amounts I owe under this Note. Some of those conditions are
described as follows:
Transfer of the Property or a Beneficial Interest In Borrower.if all or any part of the Prooetty
interest in the Property is sold or transferred (or if Borrower is not a natural d _ or any
Borrower is sold or transferred), without Lender's person end a bereAei trttercat in
immediate prior written consent, Lender may, at its option, require
payment in full of all sums secured by this Security Instrument. However, this option aha1) not be
exercised by Lender if exercise is prohibited by Applicable Law. Lender also shall trot exercise this option it (a)
Borrower causes to be submitted to Lender information required b
a now loan was being made to the transferee; acrd Y Lender to evaluate the intended transferee as if that be impaired by the loan assumption and that the ris of a brachh of anylc ?t?ttora LenIn this Secu ityl not
Instrument is acceptable to Lender, agreement !n this Security
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Loder's
consent to the loan assumption. Lender may also require the transfaree to sign an assumption agreement that is
acceptable to Lender end that obligates the transferee to keep all the promises and agreements made in the Note and
in this Security Instrument, Borrower will continue to be obligated under the Note and this Security Instrument
unless Lender releases Borrower in writing,
If Lender axercisee the option to require immediate payment in toll, Lender shall give Borrower notice of
accolaration. The notice shell provide a period of not las then 30 days from the data the notice la given in
accordance with Seetlon 1S within which Borrower tntut pay all soma aecur ed by title SeettAty Instrument. If
Borrower fella to pay these sums prior to the expiration of this period, Lender may invoke any rcmediea permitted
by this Security [nstrumert without tinrtiner notice or demand on Borrower,
"WITNESS THE BAND(S) AND SEAL(S) OF THE UNDERSIGNED"
(Seel)
? (Seal)
j t ,{1 /?QJ [-
James L MoNanay, Jr -Borrower
Debra MoNaney -earower
(Seal)
(Seal)
;Barrows ,?y?r
(Seal)
(Seal)
-ttorower
•ttorrmm
EFSISN
Loan Number 989065 Page 4 of 4
initials l
0
ADJUSTALE RATE INTEREST RATEIROOR &
PREPAYMENT PENALTY Addendum to Note
This ADJUSTABLE INTEREST RATE FLOOR & PREPAYMENT PENALTY ADDENDUM Is made this 23rd day
of June, 2006, and amends the Note in the amount of U.S. S 146,000.00 dated the same date and given by the person(s)
who signs below (the "Borrower(s)") to EquiFirst Corporation (the "Lender").
In addition to the agreements and provisions made In the Note and the Security instrument, and notwithstaoding any
roviisions o the contrary contained in said Note or the Security Instrument, both the Borrower(s) and the Lender flrther
ADJUSTABLE INTEREST RATS FLOOR
This loan has an Interest Rate "Floor" which will limit the amount the Interest Rate can decrease. Regardless of any
changes in the index, the Interest Rate during the term of this loan will never be less than the initial Interest Rate provided
for In Section 2 of the Note.
PREPAYMENT PCNALTY
o the event, during the foal 2 years after the execalion of this Note, I make a ant and the
exceeds twenty Percent (20°6) of the ot4ginel aePaJ'Ot prepayment
principal amoutu of die loon in any twelve (12j momh pe?od, i will
PsY ¦ Prepayment charge in as amount to six (6) months' advance interest on the amount prepaid which is iA
excess of twenty percent (20y?) of tho otfgmal principal amount ofthe loan wdthitt the twelve (12) month period
no Note Hold er will not asses
Th s a pre paymeat penalty aiier fhe 2nd anniretsuy of the date ofexecutIon of this
Note.
Jame McNaney, Jr
C4,
Debra McNin y
989065
EF057 (12,99)
EXHIBIT "B"
Prepared By:
Beverly Newnan
500 rarest Point Circle,
Charlotte, NC 28273
(704)625-4348
Return To:
Lquirirst Corporation
Attn: Collateral M
500 Forest Point Circle
Charlotte, NC 28273
(800)272-3477
Parcel Number:
10-20-1848-028
Premises: 411 Lamp Post Lane, Camp
Hill, PA 17011
(Space Above Tbb Liao For Reeordiaa Dahl
DEFIMTIONS MORTGAGE
Words used in multiple sections of this document are defined Wows and Oother words aroldefined 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 docurtrertt, which is dated June 23, 2006
together with all Riders to this document.
(B) "Borrower" is gams L MoNaney, Jr and Debra E McNaney, husband and wile
Borrower is the mortgagor under this Security Instrument.
(C) "MERS" Is Mortgage Electronic Registration Systems, Inc, MERS 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. MBRS is organized and existing under the laws of Delaware, and has an
address and telephone number of P.O. Box 2026, Flint MI 48501•2026, tel. (888) 679•MERS.
989065
PENNSYWANtA • single Family -Fannie Mao/Fuddle Mae UNIFORM INSTRUMENT WITH MFRS
(R•SA(PA) pie;) Form 3031, 1101 /
fens t of is NNW$: -Q=/ L
VN? Neao"$ aaodMar, Int. "001631-7211
(D)"Lender"is Bquirirat Corporation
Lander is a corporation
organized and existing under the laws of North Carolina
Lender's address is 500 Forest Point Circle, Charlotte, HC 29273
(E). "Note" mum the promissory note Signed by Borrower and dated June 23, 2006
The Note states that Borrower owes Lender one hundred forty-six thousand and 00/100
(U.S. S246,000.00 Dollars
ph a interest. Borrower has promised to pay this debt In regular Periodic
Payments and to pay the debt in full not lour than July 1, 2036
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property.
(G) 'toss" 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" meats all Riders to this Security Instrument that are watcuted by Borrower. The following
Riders are to be executed by Borrower (check box as applicable]:
Adjustable Rate Rider Condominium Rider Second Home Rider
Balloon Rider Phoned Unit Development Rider 1.4 Family Rider
VA Rider Biweekly Payment Rider ? Other(s) (specify]
ARM door/ Prepay Rider
(1) "Applicable Law" means WI controlling applicable federal, state and local statutes, regulations,
ordinances
t clef ? ?mative rules and orders (that have the effect of law) as well as all applicable final,
non- a?p j opinions.
(.n 'ammualty Association Does, 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 organisation,
(IQ 'Slectroule Punds Transfer" means any transfer of funds, other than a trensacticn 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 fnameial inetitudon to debit
or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller
machine trensactiom% transfers initiated by telephone, wire transfers, and automated clearinghouse
transfers.
(L)'Taerow Items" means those items that are described in Section 3,
M '741seellaneous 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 S) for: (i)
damage to, or destruction ot; the Property; CH) condemnation or other taking of all or any put of the
Property; (Iii) conveyance in lieu of condemnation; or Qv) misrepresentations of, or omissions as to, the
value and/or condition of the Property.
the L mortgage Insurance" numn insurance protecting Lender against the nonpayment of, or default on,
(O) '%rfodic Payment" means the regularly scheduled amount due for (h) principal and interest under the
Note, plus 01) any amounts under Section 3 of this Security Imtru men,
999065
Ilk- J ?'4
4q4A1PAl1oasq Low _at
nsItais FWM3039 t/Qt
, RESPA" means the Real Estate Settlement Procedures Act ([2 U,S.C. Section 2601 at seq.) and Its
implementing njulation, Regulation X ((224 C.F.R. Part 3500), as they might be amended from time to
time, or any a id onal or successor ieg]slation or regulation that governs the same subject matter. As used
in tidy Soourity InSwunnertt, "RESPA" refers to all requirements and restrictions that are imposed in regard
to a "federal]y related mortgage loan" even if the Loan does not qualify as a "federally related mortgage
loan" under RESPA.
(Q) "Successor In Interest of Borrower" mew any party dot has taken title to the Property, whether or
not that party has assumed Borrower' a obligations under the Note and/or this Security Instrument
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender. (1) the repayment of the Loan, and aU renewals, extensions and
modifications of the Note, and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
MERS (solely as nominee fbr Lender and Lender's successors and assigns) and to the successors and
assigns of MFRS, the following described property located in the county ('type of Rewrding ruriedktion)
of Cumberland (Name of Recording MiWkthm]:
Sae Attached Exhibit A
which currently has the address of 411 Lamp Post Lane
camp Hill [Street]
("proparty Address"): (Cllr], Pennsylvania 17011 [Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property. and all
Memento appurc n es and fixtures now or hereafter a part of the property. All replacements and
additions sial[ also be covered by this Security Instrument All of the foregoing is refered to in this
Security [ostrt>ment ere the "Property." Borrower understands and agrees that MERS holds only legal title
to the interests tad by Borrower in this Secirity Instrument, but, if inecossary to comply with law or
custom, MERS unominee for Lender and Lender's successors and ass[Igonsae) has the not! to exercise any and take [any acto onn requiireedi of Leenider including but not limited to,f ec releasing and canceling this Secuuri y
Instrument.
989065
A.1AWA]tosop °ipi3 H 1e hnwr _P41Ai J1A
Form 3039 1101
0
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 dernands, 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 Lander covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Laic Charges.
Borrower shall pay when due the principal o& and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as
selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an lnstituddn whose deposits are insured by a
federal agency, instrumarWity, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lander when received at the location designated In the Note or at
such other location as may be designated by Lander in accordance with the notice provisions in Section IS.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan currant. Lander may accept my psymennt or partial payment ins»t'ticient to bring the Loan
current, without waiver of any rights hereundor or prejudice to its rights to refine such payment or partial
payments in the future, but Lander Is not obligated to apply such payments at the time such payments arc
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lander need not pay
interest on unapplied faux[,. Lander may hold such unapplied funds until Borrower makes payment to bring
the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply
such funds or return them to Borrower. If not applied easier, such finds 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 f wo sgaimt 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) mtounts 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 Chit to late "Sea, second to any other amounts due under this Security Instrument, and
then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and
the. late charge, If more than one Periodic Payment is outstanding, Lender nary apply any payment received
ffom Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment
9990tH
I
aA(pA) (oaery AW.: ?. JW1
?
e'r'r he Form 3030 1101
i
con be paid in fall. To the extent that any excess exlsss em 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
Payments shall be applied first to any prepayment charges and then as described In the Note.
Any Application of Payments, Wwzn x 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 Ilnns. Harrower shall pay to Lender on the day Periodic'Payments are due
under the Note, until the Note is paid in tWl, a sum (the "Funds") to provide for payment of amounts due
for; (a) taxes and assessments and other item 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, premiums for any end all insurance required by Lender under Section S; and (d) Maqa I i any; c
premiums, if any, or any sums nt of
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
Item." At origination or at any time during the term of the Loan, Lender may require that Community
Association Dues, Fees, and Asseasments, if any, be escrowed by Borrower, and such dues, fees and
assessments shall be an Escrow Item. Borrower shall promptly nrWsh 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 ell Bscrow hems. Leader may waive Borrower's
obligation to pay to Leader 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 end wbere payable, the amounts
due for any Escrow Item for which payment of Funds has been waived by Leader and, If Lender requires,
shall furnish to Lender receipts evidencing such payment within such time period as Lender may require.
Borrower's obligation to rake such paymenu 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 stun than 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 my 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, coiled 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 :mount of Funds due on the basis of parent data end
reasonable estimates of expenditures of future Escrow Items or otherwise In accordance with Applicable
Law.
The Funds shall be hold in an institution whose deposits are Insured by a federal agency, .
instrumentaiity, 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 then the time
specified under RESPA. Leader shall not charge Borrower for holding and applying the Funds, annually
analyzing the escrow account, of 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 rude in writing
or Applicable Law requires Interest to be paid on the Funds, Lender shell not be required to pay Borrower
any interest or earnings on the Funds. Borrower Arid Lender can agroe in writing, however, that interest
989065
dit-IA(PA)tosoo) annr: . ?I1
r+ro6ofu F
orm3ObB ilO1
shall be paid on the Funds. Leader shell give to Borrower, without charge, an annual accounting of the
Funds u required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RWA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. if that is a shortage of Funds held in escrow,
er 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 that is a deficiency of Fiends held in escrow, as defined under RESPA, Lender shall
notify Borrower u 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 state secured by this Security Instrument, Leader shall promptly refund
to Borrower any Funds held by Leader.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and Impositions
attributable to the Property which sat attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, If any, and Community Association Dues, Fees, and Aaerumehts, if any. To
the extent that these items us Escrow items, Borrower shell 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 lion 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 enforcwrtertt of the lien while those proceedings are pending, but only until such proceedings
are concluded; or (c) secures f}om the holder of the lien an agreement sadsfbdory to Lender subordinating
the lien to this Security Instrument. If Lender determines that any part of the Property is subject to it lien
which can attain priority over this Security Instrument, Lender may give Borrower a notice identfying 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 thin 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
Lender requires. What Lender requires pursuant to the preceding sentences cea chehge 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 onetime charge for flood zone determination
and certification services and subsequent charges each time ren ippings or similar changes occur which
reasonably right affect such determination or cartfcation. Borrower shall also be responsible for the
payment of any fees imposed by the Federal Emergency Management Agency in connection with the
review of any flood zone determination resulting from an objection by Borrower.
989065
roeory Mawr. Q ,
?4A(PA)
Ppr 1 tl 11 Form 3030 1101
If Borrower !hula 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 Lander, 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 WW. Borrower
acknowledges that to cost of the insurance coverage so obtained might significantly exceed the out of
insurance that Borrower could =obtained. Any amounts disbursed by Lender under this Section S shall
become additional debt of Borrower segued 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 Leader 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 obt dm 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 end 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 fbr 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 proccods, 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 emu secured by this Security Instrument, whether or not then due, with
the excess, if any, paid to Harrower. 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 nutters. If Borrower does not respond within 30 days to a notice from Lender that the
insurance carrier has offered to settle a claim, then Lander 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 premium 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
pay amounts unpaid under the Note or this Security Instrument, whether or not then duo.
989065
A4AIPAIps°ay r,sed,:? . JiM1
Poll rNIe Form 3039 1!01
6. occupancy. Borrower shall occupy, establish, and use the
residence within 60 ?oPefi' as Borrower's principal
days after the execution of this Security Instrument and slatI continue to occupy die
Property as Borrower's principal residence for at lean one year after the date of occupancy. unless Lender
.otherwise agrees in writing, which consent shall not be unreasonably withheld, or Wass extenuating
circumstances exist which are beyond Borrower' a control.
7. Preservation, Iihinteuance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commik 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 deterioradon 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. Lander 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' a obligation for the completion of
such repair or restoration,
Lender or its agent may make reasonable entries upon end inspections of the Property. If it has
reasonable cause, Larder 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.
& 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 natmlally 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' a principal residence.
9. Protection of Leader'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 a a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce taws or
regulations), or (c) Borrower has abandoned the Property, then Larder may do and pay for whatever is
reasonable or appropriate to protect Lender's interest In the
and sowing under this Scanty
Instrument, including protecting and/or assassins the value of the Prop? and
the Property. Lender's actions can include, but we not limited to., (a) paying an ouring and/or repairing
a liar
which has priority over, tills Security Inst amen arcs secured reasonable
attorneys, fees to protect its interest the PrTarty and/or appearing righun in
der thcourt, and is Security I 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. Leader does riot have to do so and is not
under any duty or obligation to do so. It is agreed that Leoder incurs no liability for not taking any or all
actions authorized under this Section 9.
909065 ? un1?? _J
aA(PAI rototf IMNI"- -P?-? ^
hn'4of is Form 3030 1101
Any amounts disbursed by. Lender under this Section 9 shall become additiona wer
l debt of Borro
secured by this Security Inatrumeat. These amounts shah beer interest at the Note rate from the date
payment. vier
disbursement and shall be payable, with such imsest, upon notice from Lander to Borrower requesting
If this Security Instrument Is on a leasehold, Borrower shell 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 writhtg.
10. Mortgage Insurance. if Lander required Mortgage Insurance as a condition of making the Loan,
the Mom shell PPAYt ee P?? wired to maintain the Mortgage Insurance in effect. If, for any reason,
reviou i comae required by Lender casesto be vailable from the mortgage insurer that
P y provided such Insurance end Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurence, Borrower shall pay the prsmhtrm required to obtain
coverage substantially equivalent to the Mortgage Insurance previously in efface, at a cost substantially
equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate
mortgage insurer selected by Lander. If substantially equivalent mortgage Insurance coverage is not
00111191)[0, e, Borrower shall cominue to pay to Lander the amount of the separately designated payments that
were due when the insurance coverage ceased to be in of kt Lander will fit, use and ratan these
payments as a non-refandable loss reserve in lieu of Mortgage Insurance. Such low reserve shall be
non-refundable, notwithstanding the fact that the Loan is ultimately paid in 611, and Lender shall not be
required to pay Borrower any interest or earnings on such low reserve. Lender can no longer require loss
reserve ts if Mortgage Insurance coverage (in the amount and for the period that Lander requires)
aprrovidel y an ??pp° ?e? by ceder again becomes available, is obtained, and Lander requires
Insurance as condition of maki g the Ln and premiums Bfor Mortgage Wer was l required Lander required Mortgage
designated
payments toward the premiums for Mortgage I separately moks
maintain Mortgage Insurance in affect, or to provide Borrows anal! pay the serve, until required 's
requirement for Mortgage insurance ends in accordance with slay writttten agreement loses reserve, until Lender's
Lander providing for such termination or until say agreement between Borrows and
Section 10 affects Borrower's obligation termination required Applicable Law. Nothing in this
to pay interest at t the rate provided In the Note.
Mortg a Insurance reimburses Lender (or any entity that purchwas the Note) for certain losses it
France. i Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage
Mortgage insurers evaluate their total risk on all such insurance in force from time to date, 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 we satisfactory to the mortgage insurer and the other these agreements. Time agreements may require the mortgage insurer to make payments wing aPnyy source
of finds that the mortgage insurer may have available (which may include finds obtained from Mortgage
Insurance premiums).
As a result of these aaggrra°rents, Lender, any purchaser of the Note, another insurer, any rairourer,
any other entity, or any afHWte of any of the foregoing, may receive direct) or indirectly) amounts that
derive from (or might be ch°rw*ixed as) it 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 ebare of the Insurer's risk in exchange for a share of the
premiums paid to the insurer, to arrangement is often termed "captive reinsurance." Further;
(a) Any such agreements will not affect the amounts that Borrower bas 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.
999063 ??}-?(I? ? Jt
,A
t,y14A(PA}aoaos) inairc -?L??'
vw" 0 of If Ferro 3039 1101
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insureoce 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 sutomatkally, and/or to receive a
refund of any Mortgage Insurance premiums that were unu ed at the tine of sack eanceitstion or
termination.
11. Assignment of Mballaneotts Proceeds; Pbrfehars. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lander.
If the Property is dsmsip4 such MlaoeUaneow 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, LaWw shall have the right to hold such Miscellaneous Proceeds
until Lender has had an opporduilly to inspect such Prop" to enure the work has been leted to
Lender's satisfaction, pro, ed that such inspection shall be undertaken promptly. ?p
repairs and restoration in a s1.4e disbursement or in a series M' progrs p payments a may t pay for the
completed. Unless an agreement is made in writing or Applicable Law requires Internet to be paid on such
Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such
MUcollaneous Proceeds. If the restoration or repair is not economically feasible or Lendees security would
be lessened, the Miscellaneow 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 WWI be
applied in the order provided for in Section 2.
In the event of a total taking, destruction, or toss in value of the Property, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then d
the excess, if any, pad to Borrower, uc, with
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, destrucdom, 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 Lander otherwise agree in writing, the sums
segued 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
partfai talon , destruction, or loss in value divided by (b) the fair market value of the Property
itnntediately fore the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a psttial taking, destruction, or loss in value of the Property in which the Asir 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 soma 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) offer to make an award to settle a claim for damages,
Borrower Wls to respond to lender within 30 days after the date the nodoe Is given, Lender Is suthoriaed
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" oceans the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has s right of action in
regard to Miscellaneous Proceeds.
Borrower shall be in dehuh 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 Irtstruntent. Borrower can cure such a default and, if
acceleration has occurred, reinstate as provided in Section 19, by cawing the action or proceeding to be
989065 ?j}????
IWAWA)asoq -MSd11ti/
?pI 10 au FormiOSe 1101
dismissed with a ruling that, in Letdees judgment, precludes tbrf IMm of the Property or other material
impairment of Lender's interest in the Property or rights under this Security instrument, The proceeds of
any award or claim for damages that are attributable to the impairment of Lender's interest in the Property
are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for In Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver, Extenslon of the time for
?toBorrrower or any Successor in Interest o Borrower shall not operate to?releInstrument: ase the liability ted bBorrower
or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against
any Successor in Interest of Borrower or to refs ae to extend time for payment or otherwise modify
amoitization of the auras severed by We Security Instrument by reason of any demmid made by the original
Borrower or any Successors in Interest of Borrower. Arty forbearance by Lender in exercising any right or
Successors In Interest of Borrower or in amounts leas the amo ?iman dfrom third ue, shall ootbeeaa waientities or
ver of or
preclude the exercise of any right or remedy,
13. Joint and Several Liability; Coasignera; 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 Instrurnow only to morq grant and convey the co•signsr's Interest in the Property under the
terms of this Security Instrimita is trot personally obligated to pay the sums secured by this Security
Instrument; and (c) agrees that Lander and any other Borrower can agree to extend, modrty, 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 13, any Successor in Interest of Borrower who assumes
Borrower's obligations under this Security I *urnettt in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits wader this Security Instrument. Borrower shall not be released from
Borrower's obligations end liabillty under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Saoun'ty Instrument shall bind (accept at provided in
Section 20) and benefit the successors end 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 Lader's interest in the Property end rights under this
Security Instrument, including, but not imited to, attorneys' fees, property h apection and valuation fees.
In regard to any other fees, the absence of express authority In this Sexarity InstrWnent to charge a specific
fee to Borrower shall not be construed as a prohibition on the charging of such the. Lender may not char
fees that are expressly prohi bited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan champ, and that low is finally interpreted so
that the Interest or other loan charges collected or to be collected m connection with the Loan exceed the
permitted omits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sutras already collected from Borrower which exceeded permitted
limits will be refinnded to Borrower, Lender may choose to make this retbnd by reducing the principal
awed under the Note or by a direct payment to Borrower. If a rctnnd reduces principal, the
reduction will be treated as as pa rtial prat without any prep0.Yment charge (whether or not a
prepayment charge is provided for under the Note), Borrower's acceFtatios of any such refund made by
direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out
of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to
989065
MIdak WAA? '? .
t??OA(PA);crop P"I 11 or if Form 3039 1101
have been given to Borrower when mailed by first daces mail or when actually delivered to Borrower's
no
tice address if sent by other meats. Notice to any one Borrower dull constitute notice to all Borrowers
unless
unless Appli bwi tpreeely requires otherwise. The notice address shall be the Property Address.
unless Lender Borrower l has dBorrows ed a substitute notice address by notice to Lender. Borrower shall promptly
a specifies a ofad a procedure for reporting Borrower's
change of address, then Borro WWI only report Lender
There may be only one designated notice addrou under this ?e of Security address tt through that any one procedure.
notice to Lender shall be even by delivering it or it by BsWassem at any one time Any
stated herein unless Lender his designated by mailing it by rat class mail to Lender's address
c
onnection with this Security Instrument shall odaddress eemed to havebtice to Borrower. Any notice in
received
een given to Lender until actually
Law, the ApplicableI Law notice required by this Security Instrument is also required under Applicable
Instrument, ral iremem will satietS the oorrespottding requirement under this Security
16. Governing Law; Severab(lityl Rules of Construction. This Security Instrume t shall be
governed by federal law and the law of the jurisdiction in which the
rights end
obligations contained in this Security Instrument are subject to any row is 10?' All
Applicable Law. Applicable Law might explicitly or implicitly allow the parties ies to & Fos and limitations of
might be silent, but each silence shall not be construed as a M to by contract or it
prohibition
the event that any provision or clause of this Security Instrument or the Note ccoonflitthfApp( cable
Law, such conflict shell 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
corr
nalt? them newer words or words of the feminine gender; (b) words in the singular shell mm and
y plural and vice versa; and (c) the word 'may' gives sole discretion without any obligation to
take at 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 Interat in Borrower. As used In this Section 18,
"Interest In the Property" means any legal or beneficial interest in the Pro
to, time beneficial interests transferred in a bond for deed, contract for d l4Y. stallment
abut not limited
escrow` agr'eemara, the Intent of which is the transfer of title by Borrower at a future date to s purchaser.
If 4 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 consen; Lender may require immediate payment in fidl of all suns secured by this Security
Instrument. However, this option shall not be amelsed 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 Ion than 30 days from the daft 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
ON= sums prior to the expiration of this period, Lender may invoke any remedies permitted by this
Security Instrument without After 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 Pro
this Security instrument tY Pursuant to any power of sale contained in
Borrower's ri ht to rei'm ) such other period ss Applicable Law might specify for the termination of
8 rate; or (c) entry of a judgment enforcing this Security Instrument. Those
conditions aft 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 deflutlt of any other covenants or
989065 I
Ck4A(PA)(0101) IMYFe f v?'
--O M0 II a is Fenn JOJI 1lQt
agreements; (c) pays all expense incurred in enforcing this Security Instrument, indudiug, bW not limited
to, reasonable attorneys' fees, property inspection and valuation fees, and ther flees incurred for the
purpo:e of protecting Lender's interest in the Property and rights under this Soecurity Instrument and (d)
takes such U800 as Lender may reasonably require to astute that Lender's Interest in the Property and
rights under this Security instrument, and Borroweea obligation to pay the sums secured by this Security
Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and
expenses In one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c)
certified check, bank check, treasurer's check or cashier's check, provided
an institution whose deposits are insured by a fodwal any such check is dawn upon
Funds Transfer. Upon reinststement by Borrower, this Sept Instrumentality n or entity; or secured h rr eby
shall remain fully e![ective as if no acceleration had occurred However, ttihis right to reinstate iinstate shall not
apply in the can of acceleration under Section 18.
20. Sale of Nags; Cheap of Lees Servlcer; Nodes of Grievance. The Note or a partial interest in
the'Note (together with this Security instrument) can be sold one or more tines without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servic:er") that collects
Periodic Payments due under the NOW and this Security Instrument and performs other mortgage loan
servicing obligations under the Note, this Security Instrumem, and Applicable Law. There also might be
one or more changes of to Loan Servicer unrelated to a age of the Note. If there is a change of the Loan
Servicer, Borrower will be given written notice of the change which will am the name and address of the
new Loan Servicer, the address to which paynmats should be merle ad any other information RESPA
requires In connection with a notice of trandbr of servicing. If the Note is sold and thereafter the Loan is
serviced by a Loan Servicer other then the purchaser of the Nobs, the mortgage loan servicing obligations
to Borrower will remain with the Lou 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 exists 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
reason of, this Seexrity Insttument, until such Borrower or Lender has nodtked the other da (with by
notice given In complUlanoe with the requirements of Section 15) of such alleged breach and afforded the
Appliw her b el hereto a reasonable period after the giving of such notice to take corrective action. If
ot
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
opportunity to cure given to Borrower pursuant to Section 22erand the notice notice of of acceleration give and
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 thosi
substances defined as toxic or hartrdous substances, pollutants, or wastes Env
following substances: gasoline, kerosene, otter flammable or toxic irONngaft Law and the
and herbicides, volatile solvents, materials cob? petrol products, toxic w"Environmental Law" asbestos or fwmaldehydq and radioactive materials; postici
(b) re "lateEnnviroheath, a means Wore! laws and laws of the jurisdiction where the Property is located that
redact, tetnediel #a or enviroannental protection; (c) "Environm@nW Cleanup" includes any response
a4 or removal action, as defined in Environmental Law, and (d) an "Environmental
Condition" means a condition the ten cause, contribute to, or otherwise trigger an Environmental
Cleanup.
969065
xMwia J?
?OAWAirosos)
0a0 13 N is form 3039 1101
Borrower shall not c tee or permit the presence, use, disposal, storage, or release of any Harardous
Substances, or threaten to release mY Hazardous Substance, on or in the Pr Borrower shall not do
Law, allow crayons also to do, attythlrig a? the property (a) that is in viol on of any Environments)
, ((b) which creates an EnviromnenW Gon, or (c) which, due to the eUse of release o
Hazardous Substanoe, create a oondidon that adversely affect the value of the r=-' The p aedinfga
two sentence shall not apply to the pt use, or storage on the property of small quantities of
Hazwdous
tense Substances that aro yaneral1y recct limit, to be appropriate to >? residential uses and to
mamianan? oe?f"the I promptly c -ding, but not limited to, hatsrrdous substances In consumer products).
P Y give Lender written notice of (a) any irrvesG on elaid
or other action by any governmental or regulatory ? m emend, lawsuit
Hazardous Substance or Envir Pant uivdvIng the Propxty and any
ttl0A Law of ch rrf or Boow
Environnxrtd Cordite 00 er has actual laowla S% (b) any
release nviro of on, including but not limited to, spilIIRL ieaking, discharge, release or threat of
E
any Haatdota SubeWca, and (c) any eoodl on caused by die pcaennco, use or release of a
Haardous Substance which Wvarsely affeati the value of the Property. If Borrower leans, of is notified
any Hazardous Substartce?gauthoPro or aey private party, that an «ano m tl other all nw iatiry
remedial actions in accordance with E
the Is nvironmental Law oth?herei shellproptly take all necessary
n s
Lander for an Environmental Cleanup, hall crate any obligation on
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows;
22. A eelersden= Renedles, Leader shall give notice to Borrower pprior to aeeeleradon following
Borrower's branch of any eovanot or agreement In this Security Instrument (but not prior to
acceleration under 8ecdoo !g eoleo Applicable Lew provides otherwles} header shall notify
Borrower of, among other things; (a the ofauit; (b) the action required to cure the dsfaelh (c) whoa
the default must be cure d, and (% that failure to care the deftnlt as specllled may result in
acceleration of the sums secured byy this Security Instrument, foreclosure by judicial proceeding and
sale of the Property. Leader shall further inform Borrower of the rlget to reinstate after acceleration
and the rift to assert in the foreclosure proceeding the non-existence of a default or any other
defense of Borrower to acceleration and foreclosure. !t the default is not cured as specified, Lender at
1180 ption may require imme&ate ppayment in full of all items secured by this Security Instrument
without Anther donned and may fenclose this Security lashvineat by judicial proceedlag. Leader
shall be eatided to collect all expenses luenrred In panuin` the remedies provided ¦ 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. Attar such occurrence, Lender shall discharge
and aedsfy thin htatrumart. Borrower shall pay ury recordation costs. Lander may charge
Borrower a fee for rehee this Security Itntrumont, but onl if the fee its d to a third
tendered and the charging of the fen Is permitted under Applicable Law. Pam fbi services
24, Welven. Borrower to the extent parmued by Applicable Law, waives and releases any error or
defects in proceedings to smarts this Scour Instrument, and hereby waives the benefit of any present or
iterate laws providing for stay of execution, etterufon of ti
and homestead exemption. me, exemption from stlecliment, levy and sale,
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall attend to one
hour prior to *the eommencemato of bidding at a sheriff a sale or other sale pursuant to this Sc=ity
Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this
urchase Instrument is teat to
Borrower to acquire title to the Property, this Security Instrument shall be a pSectirity
27. Interest Rate After Judgment. Borrower agrees Troy mortgage.
entered on the Note or in an action of mortgage foreclosure that sha the ll interest
the rarate te. able after a judgment is
under the Note. Payable from time to time
989065 /Jy?
Qy?-IA(PA)(osci) anew, q ll..?JL-1
PW 14 of is Fore 3030 1101
- 0
BY SIGNING BELOW, Borrowers and Woo to the terms and covenants, contained in this
Security h== Mt and in any Rider executed by Borrower and recorded with it.
Witnesses:
(Saw)
-Borrower
(Seat)
Bwrowa
? I I C
mall
L McNanay, r ()
•Barrower
'-"`? ??'?^ (Seal)
Debra MotraA?y Borrower
(Sew)
-Borrower
(Seal)
-Borrower
(Seai} (Seel)
-Borrower
-Borrower
9@10065
?•tAiPA) roeae?
Me+eof +e Form0000 voi
COMMONWEALTH OF PENNSYLVANIA, T? County a..
On this, the CPZA4 day of Ju., 2006 , before me, the
undersigned officer, personally appeared Jame L MoRanoy, Jr i Debt& MaNaney
satisfactori known to me (or
!y proven) to be the pent(t) whose nale(s) */ge subscribed to the within instrument and
acknowledged that hWdR they executed the tame for the purposes herein contsined.
IN WCTNM WHEREOF, l hereunto tat my hand and official seat.
My Commission Expires;
NOTARIAL SEAL 1
ELfZA9ETH HORAN MEAOpyyg, NOTARY PU9L1C
LOWER PA1fY0N tYVP., l.OUNry OF OAU
MY COMNl18SlON DO+IREg DER 12, 2006
TIIIS of Officer
Cettiflcat faieeMe
the cOrr rues of the wi do hereby certify that
thitt-aemed Mortgagee is P.O. Box 2026, Flint, MI 48501-2026.
Witness my hand this 23rd day of June, 2006
tent of Mortaesee
999065
at IA(PAi psoe) WIN%: ??
Palo to of to Fenn 3039 im
File No. 00-374
Exhibit "A"
ALL THAT CERTAIN tract or parcel of land and premises, situate lying and being in the
Townsbip of Hampden in the County of Cumberland and Commonwealth of
Pennsylvania, more particularly described as follows:
BEGINNING at a point on the western side of Lamp Post Lane which point is five
hundred thirty-nine and five hundredths (539.05) feet in a northern direction from
the northwest corner of Harness Lane and Lamp Post Lane at the dividing line
between Lots No. 9 and 10, Block M of the hereinafter mentioned Plan; thence by
the said dividing line South seventy degrees forty-seven minutes West (S 700 47, w)
one hundred nine and five hundredths (109,05) feet to a point at the dividing line
between Lots Nov. 10'and 40, Block M of the Plan; thence by said dividing line and
the line of Lot No. 39, Block M of the Plan, North sixteen degrees twenty-five
minutes West (N 16° 25' W) one hundred seven and twelve hundredths (107.12) feet
to a point at the dividing line between Lots Nos. 10 and 11, Block M of the Plan;
thence by said dividing line North seventy-one degrees fifty-seven minutes East (N
71° 57' E) one hundred three and ninety-six hundredths (103.96) feet to a point on
the western side of Lamp Post Lane; thence by the western aide of Lamp Post Lane
by an are curving to the left having a radius of five hundred sixty and zero
hundredths (S60,00) feet, an are distance of eleven and forty hundredths (11.40)
feet; thence continuing along the western side of Lamp Post Lane South nineteen
degrees thirteen minutes East (S 190 13' E) ninety-three and forty-eight hundredths
(93.48) feet to a point at the dividing line between Lots Nos. 9 and 10, Block M of the
Plan, the place of BEGINNING.
BEING all of Lot No. 10, Block M, Plan 10, Pinebrook which Plan is recorded in the
Cumberland County Recorder's Office in Plan Book 19, Page 85.
HAVING thereon erected a brick and aluminum bi-level dwelling known and
numbered as 411 Lamp Post Lane, Camp Hill, Pennsylvania.
BEING THE SAME PREMISES which Timothy H. Stringer and Roberta G, Stringer,
by her Attomey -in- Fact Timothy H. Stringer, Husband and Wife, by deed dated
June 23, 2006 and intended to be recorded in the Office of the Recorder of Deeds
In and for Cumberland County, Pennsylvania, granted and conveyed unto James
L. McNaney and Debra E. McNaney, Husband and Wife, In fee.
EXM781T A TO MORTGAGE 2ND MT3.DOC
ADJUSTABLE RATE RIDER to &eurity Instrument
(LIBOR 6 Month Index -A# Published la 7*9 Wall Sher Joamel - Rate Caps)
(To Be Recorded Together with Security Instrument)
THIS ADJtJ
d d to 3 amend TABLE RATB RIDBR L made thin 23rd day of Jnne , 2006 end incorporated Into end shall be
eeme and supplenient the Mo e, Deed of rivat or Security Deed (the "Security Instrument" of
the same date given by the undenignade "Borrowers to secure Botrowera Adjuauble Rua Note the
"Rote") to Equ irst Corponttion (the "Lender") of the same date and covering the properly described in the
Secmtyinstnuuent and located at
411 Lamp Post Lane, Camp Hill, PA 17011
(property address)
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND
THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT TIM BORROWER'S INTEREST
RATE CAN CHANGE AT ANY ONE TIME AND THE MAXIMUM AND MINIMUM RATE THE
BORROWER MUST PAY.
ADDITIONAL COVENANTS,
In addition to the covenants and agreements made in the Security instrument; Borrower and Lender Wher
covenant and apes as follows;
A. INTEREST RATE AND MOMMY PAYMENT CHANGES
The Now pprovides for an initial interest rate of 7.850 %. The Note provides for changes in the interest
rate and the monthly payment as follows:
(A) Change Dates
The interest rate I will 'Mich change on July, 2008 and on that day every sixth month
thereafter. Each date on which my interest rate could change is called a "Change Date".
(B) The Index
Beginning with the fiat Change Date, my Interest rate will be based on an Index. The
"Index" is the average of interbank offored rates for six-month U.S. dollardenominated
deposits in the London market ("LIBOR"), as ublished la The Wall Street Journal. The
pmoosst reutceent Index figure available as of the lust business day of the month immediately
If the Index is no tth is o longer availlaablee,, thhe Not Data Hoswis the *Currant ill choose new index that is based
upon comparable information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Chan a Data, The Note Holder will calculate my new interest rate by adding 5.550
pe?nta a Pointe 5.550 Ye) to the Current Index, The Note Holder will then round the result of
this add)tfon to the neaeat =@-eighth of One percentage point (0.12574). Subject to the limits
stated in Section 4(D) below, this rounded amount will be my interest rate until the next Change
Date.
The Note Holder will then determine the amount of the monthly payment that would be
sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on
the Maturity Date at my new Interest rate in substantially equal payments. The result of this
calculation will be the new amount of my monthly payment.
(D) Limits on Interest Rate Changes
The interest rate I am required to pey at the first Change Date will not be greater than
10.850% or Ion than 7.85074 . Thereafter, my interest rate will never be increased or
decreased on eaboem sbtgle Changer Date by more than one percett 4a {nt(s) (1.0076) the rate of
Interest llvvff po
I have psying lo r preceding six months.
Interest rata will never be
greater than 13.850 7'6 or less thtm the in{tle! interest rate provided for in Section 2 of this
to.
989065 EFOa11(05102) page 1 uf2
(E) Effective Date of Changes
My n? interest rate will become effective oft each Change Date. I will pay the
amount of my raw monthly payment beginning on the first monthly payment due after
the Change Date until the amount of my monthly payment changes again.
(1) Notice of Changes
The Note Holder will deliver or trail to me a notice of any changes in my new interest
rate and the amount of my monthly payment before the effective date of any ehaaga.
The notice will Include information required by law to be given me and also the title
tanhe ntelec hone number of a person who will answer any question I may have regarding
B. TRANSFER OF THE PROPERTY OR A BENEFICIAL, INTEREST IN BORROWER
Uniform Covenant 17 of the Security Instrument is amended to read as follows;
Transfer of Property or a Beneficial Interest In Borrower. If all or any part of
the Property or any Interest in It Is sold or transferred (or if a beneficial Interest in Borrower is sold or
transfa md. and Borrower Is not a natural person), without Lenders prior written consent, Lender may,
at its option, require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lander If exercise is prohibited by federal law a of the
date of this Security Instrument. Lender also shall not exercise this option if.. (a) borrower causes to be
submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan
were being made to the transferee- and (b) Lander reasonably determines that Lender's security will not
be imppaired by the loan assumption and that the risk of a breach of any covenant or agreement In this
Sam ty Instrument is acceptable to Lender,
To the extent permitted by applicable law, Lender may charge a reasonable fee as e condition to
Lenders consent to the loan assumption. Lender may also require the trensferoe to sign an assumption
agreement that is acceptable to Lender and that obligates to the transferee to keep all the promises and
Allmomenta nude in the Note end in the Security Instrument, Borrower will continue to be obligated
under the Note and this Security Instrument unless Lender releases Borrower In wridng.
If Lender exercises the option to require immediate payment in full, Larder shall give Borrower
notice of acceleration. The notice shall provide a period ofnot less than 30 days from the date the
notice is delivered or mailed within which Borrower must pay all sums segued by this Security
Instrument. If Borrower fails to pay these am prior to the expiration of this period, Lender may
invoke any remedies permitted by this Security Instrument without further notice or demand on
Borrower.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in
this Adjustable Rate Rider.
James L MCNaney, Jr Debra McNerney
-----------------
989065
EF0612 (Slob) Page 2 of 2
ADJUSTABLE RATE INTEREST RATE FLOOR &
PREPAYMENT PENALTY Rider to Security Instrument
(To Be Recorded Together with Security Instrument)
This ADJUSTABLE INTEREST RATE FLOOR do PREPAYMENT PENALTY RIDER ((the "RidW) is made
this 23rd day of June, 2006, and amends the Mortge, Dud of Trust or Security Deed (the "Security Instrument")
dated the same date and gives by tlu person(s) wfia signs below (the "Borrower(s)") to EgWF(m Corporation (the
"Lender") to secure prepayment of a Note in the amount of U,S. S 146,000.00.
In addition to the agreements and provisions made In the Note and the Security Instrument, and
notwithstanding any Provisions to the contrary contained in said Note or the Security Instrument, both the
Borrower(s) and the Lender fluther agree as follows
ADJUSTABLE INTEREST RATE FLOOR
This loan has an Interest Rate "Floor" which will limit the amount the Interest Rate can decrease. ReRerdless of
any chan$.as in the index, the Interest Rate during the term of this loan will never be less then the initial Interest
Rate provided for in Section 2 of the Note.
PREPAYMNT PENALTY
x the event, d the Era(2 ye
p ars after the execution of this Note, l make a prepayment and the prepayment
exceeds twe n ty per percent (2014) of the original Orin cipal amount of the loan in any twelve (12) month ¢eriod, l It
aY aPro payarent charge in an tuaount equal to six (6) aronths' adverse interest on the amount prepad which is in
excess ottw enty percent a0%) $a Otte oriShul pritnt3pal amount of the Coen within the twelve (P2) month period.
The Note Holder will not as,w prepayment penalty after the 2nd eaniversary of the date of execution of this
Note.
Debra McNaney
EFesa (05/02) 911PUS
WR]FICATI ON
The undersigned and duly authorized representative of Plaintiff, deposes and says subject
to the penalties of 18 Pa C.S.A. § 4904 relating to unsworn falsification to authorities that the
facts set forth in the foregoing Complaint are true
and belief.
4CL
{J
OK3
? o
SHERIFF'S RETURN - REGULAR
CASE NO: 2007-03448 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
EMC MORTGAGE CORPORATION
Vs
MCNANEY JAMES L JR ET AL
MEGAN GILBRIDE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
MfP'KTANTUV .TAMP, C T. .717 the
DEFENDANT , at 1803:00 HOURS, on the 13th day of June
at 411 LAMP POST LANE
CAMP HILL, PA 17011 by handing to
DEBRA MCNANEY, WIFE
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing 18.00
Service 12.48
Affidavit .00
Surcharge 10.00
.00
4?141b7 `4 , ? 40.48
Sworn and Subscibed to
before me this day
of
2007
So Answers:
R. Thomas Kline
06/14/2007
GRENEN & BIRSIC „
By:
;,?eputy Sheriff
A.D.
SHERIFF'S RETURN - REGULAR
0. - ('VASE NO: 2007-03448 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
EMC MORTGAGE CORPORATION
VS
MCNANEY JAMES L JR ET AL
MEGAN GILBRIDE , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
Mr1T,17TT7VV nLI'M A '141 the
DEFENDANT , at 1803:00 HOURS, on the 13th day of June 2007
at 411 LAMP POST LANE
CAMP HILL, PA 17011 by handing to
DEBRA MCNANEY
a true and attested copy of COMPLAINT - MORT FORE together with
and at the same time directing Her attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
4)14j01 L .-..
So Answers:
6.00
.00
?+C
l
. 00
-
10.00 R. Thomas Kline
.00
16.00 06/14/2007
GRENEN & BIRSIC_ /
Sworn and Subscibed to
before me this
of
By:
day Deputy Sheriff
A.D.? foG ?/?
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
EMC MORTGAGE CORPORATION,
Plaintiff,
VS.
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Defendants.
I hereby certify that the
address of Plaintiff is:
2780 Lake Vista Drive
Lewisville, TX 75067
the last known address of
Defendants is:
411 Lamp Post Lane
Camp Hill, PA 17011
CIVIL DIVISION
NO.: 2007-03448
TYPE OF PLEADING
PRAECIPE FOR DEFAULT JUDGMENT
(Mortgage Foreclosure)
FILED ON BEHALF OF PLAINTIFF:
EMC Mortgage Corporation
COUNSEL OF RECORD FOR THIS
PARTY:
Kristine M. Anthou, Esquire
Pa. I.D. #77991
Joseph A. Fidler, Esquire
Pa. I.D. #87325
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
GRENEN & BIRSIC, P.C.
r «
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
EMC MORTGAGE CORPORATION, CIVIL DIVISION
Plaintiff,
VS.
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Defendants.
NO.: 2007-03448
PRAECIPE FOR DEFAULT JUDGMENT
TO: PROTHONOTARY
SIR:
Please enter a default judgment in the above-captioned case in favor of Plaintiff and
against Defendants, James L. McNaney, Jr. and Debra E. McNaney, in the amount of
$161,845.60, which is itemized as follows:
Principal $146,000.00
Interest to 7/16/07 $ 11,937.20
Late Charges to 7/16/07 $ 158.40
Attorney's fees $ 1,250.00
Title Search, Foreclosure and
Execution Costs $ 2,500.00
TOTAL $161,845.60
with interest on the principal sum at the rate of $31.40 per diem (as may change from time to
time in accordance with the terms of the Note) from July 16, 2007, and additional late charges,
additional reasonable and actually incurred attorneys' fees, plus costs (including increases in
escrow deficiency) and for foreclosure and sale of the mortgaged premises.
GRENEN& BIRSIC, P.C.
for Plaintiff
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AFFIDAVIT OF NON-MILITARY SERVICE
AND CERTIFICATE OF MAILING OF NOTICE OF
INTENT TO TAKE DEFAULT JUDGMENT
COMMONWEALTH OF PENNSYLVANIA )
) SS:
COUNTY OF ALLEGHENY )
Before me, the undersigned authority, a Notary Public in and for said County and
Commonwealth, personally appeared Joseph A. Fidler, Esquire, attorney for and authorized
representative of Plaintiff who, being duly sworn according to law, deposes and says that the
Defendants were not in the military service of the United States of America to the best of his
knowledge, information and belief and certifies that the Notices of Intent to take Default
Judgment were mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies.
Sworn to and subscribed before me
this 2?ay of '2007. -COMMONWEAL FH OF PENNSYLVANIA
Notarial Seal
Wehner, Notary Public
Cburgh, 11 hen
Notary Public MY on Ex Y County
pirc?s June 19, 2009
oPennsYlvaniaAssociation
Membeof Notaries
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IN TIIE COURT OI? COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
EMC MORTGAGE CORPORATION,
Plaintiff,
vs
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Defendants.
TO: Debra E. McNaney
411 Lamp Post Lane
Camp Hill, PA 17011
DATE OF NOTICE: July 5, 2007
CIVIL DIVISION
NO.: 2007-03448
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN
APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT
YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS
YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE
ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR
OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE
A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
32 S. Bedford Street
Carlisle, PA 17013
(717) 249-3166 or Toll Free (800) 990-9108
GRENEN & BIRSIC, P.C.
By:
FIRST CLASS MAIL, POSTAGE PREPAID
=enter,Ninth f
O Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
EMC MORTGAGE CORPORATION, CIVIL DIVISION
Plaintiff,
NO.: 2007-03448
vs.
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Defendants.
NOTICE OF ORDER, DECREE OR JUDGMENT
TO: James L. McNaney, Jr.
411 Lamp Post Lane
Camp Hill, PA 17011
( ) Plaintiff
(XX) Defendant
( ) Additional Defendant
You are hereby notified that an Order, Decree or
Judgment was entered in the above captioned proceeding
on
juju
( ) A copy of the Order or Decree is enclosed,
or
(XX) The judgment is as follows: $161,845.60
with interest on the principal sum at the rate of $31.40 per diem (as may change from time to
time in accordance with the terms of the Note) from July 16, 2007, and additional late charges,
additional reasonable and actually incurred attorneys' fees, plus costs (including increases in
escrow deficiency) and for foreclosure and sale of the mortgaged premises.
15eputy
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption: ( ) Confessed Judgment
( ) Other
EMC Mortgage Corporation
VS.
James L. McNaney, Jr. and
Debra E. McNaney
TO THE PROTHONOTARY OF THE SAID COURT:
File No. 2007-03448
Amount Due $161,845.60
Interest $4,670.00
Atty's Comm
Costs
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland
bounty,
for debt, interest and costs, upon the following described property of the defendant(s)
411 Lamp Post Lane, Camp Hill, PA, 17011
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of 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 gamishee(s),
(Indicate) Index this writ against the garnishee(s) as a [is pendens against real estate of the
defendant(s) described in the attached exhibit.
Date -7 /N/07
Signature:
Print Name:
Address:
Attorney for:
Telephone:
Supreme Court ID No.:
/Josh A. Fidler
One Gateway Cntr., 9th Floor
Pittsburgh, PA 15222
Plaintiff
(412) 281-7650
87325
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EMC MORTGAGE CORPORATION, CIVIL DIVISION
Plaintiff,
NO.: 2007-03448
vs.
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
EMC Mortgage Corporation, Plaintiff in the above action, sets forth as of the date the
Praecipe for the Writ of Execution was filed the following information concerning the real
property of James L. McNaney, Jr. and Debra E. McNaney located at 411 Lamp Post Lane,
Camp Hill, PA, 17011 and is more fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES L. MCNANEY, JR.
AND DEBRA E. MCNANEY OF, IN AND TO THE FOLLOWING DESCRIBED
PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF
PENNSYLVANIA. HAVING THEREON ERECTED A BRICK AND ALUMINUM BI-
LEVEL DWELLING BEING KNOWN AND NUMBERED AS 411 LAMP POST LANE,
CAMP HILL, PA, 17011. DBV 275, PG 1932, BLOCK/LOT 10-20-1848-028.
1. The name and address of the owner(s) or reputed owner(s):
James L. McNaney, Jr. and 411 Lamp Post Lane
Debra E. McNaney Camp Hill, PA 17011
2. The name and address of the defendants in the judgment:
James L. McNaney, Jr. and
Debra E. McNaney
411 Lamp Post Lane
Camp Hill, PA 17011
3. The name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
EMC Mortgage Corporation
PLAINTIFF
4. The name and address of the last record holder of every mortgage of record:
EMC Mortgage Corporation
MERS, Inc., as Nominee for
Equifirst Corporation
PLAINTIFF
500 Forest Point Circle
Charlotte, NC 28273
and
PO Box 2026
Flint, MI 48501
5. The name and address of every other person who has any record lien on the property:
Cumberland Domestic Relations
P.O. Box 320
Carlisle, PA 17013
PA Department of Revenue
Department of Welfare
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Commonwealth of Pennsylvania
P.O. Box 2675
Harrisburg, PA 17105
6. The name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
None
7. The name and address of every other person whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
None
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities.
A torney or Plaintiff
SWORN to and subscribed before
me this 3 day of , 2007.
Notary Public COMMONWEAUrH OF PENNSYLVANIA
Notarial Seal
Joanne M. Wehner, Notary Public
City of Pittsburgh, Allegheny County
My Commission Expires June 19, 2009
Member, Pennsylvania Association of Notaries
S
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EMC MORTGAGE CORPORATION, CIVIL DIVISION
Plaintiff,
VS.
NO.: 2007-03448
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Defendants.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: James L. McNaney, Jr.
411 Lamp Post Lane
Camp Hill, PA 17011
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
Cumberland County Courthouse
Commissioners Hearing Room, 2nd Floor
1 Courthouse Square
Carlisle, PA 17013
on December 5, 2007, at 10:00 A.M., the following described real estate, of which James L.
McNaney, Jr. and Debra E. McNaney are the owner(s) or reputed owner(s):
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES L. MCNANEY, JR.
AND DEBRA E. MCNANEY OF, IN AND TO THE FOLLOWING DESCRIBED
PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF
PENNSYLVANIA. HAVING THEREON ERECTED A BRICK AND ALUMINUM BI-
LEVEL DWELLING BEING KNOWN AND NUMBERED AS 411 LAMP POST LANE,
CAMP HILL, PA, 17011. DBV 275, PG 1932, BLOCK/LOT 10-20-1848-028.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure
action of
EMC Mortgage Corporation
Plaintiff,
VS.
James L. McNaney, Jr. and Debra E. McNaney
Defendant(s)
at Execution Number 2007-03448in the amount of $166,515.60.
A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty
(30) days from the sale date.
Distribution will be made in accordance with the Schedule of Distribution unless
exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date
when the Schedule of Distribution is filed by the Office of the Sheriff.
GRENEN & BIRSIC, P.C.
Date: ZZd7
Aorney for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EMC MORTGAGE CORPORATION, CIVIL DIVISION
Plaintiff,
VS.
NO.: 2007-03448
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Defendants.
LONG FORM DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in
the Township of Hampden, in the County of Cumberland, and Commonwealth of Pennsylvania,
more particularly described as follows:
BEGINNING at a point on the western side of Lamp Post Lane, which point is 539.05
feet in a northern direction from the northwest corner of Harness Lane and Lamp Post Lane, at
the dividing line between Lots Nos. 9 and 10, Block "M", of the hereinafter mentioned Plan;
thence by the said dividing line, South 70 degrees 47 minutes West, 109.05 feet to a point at the
dividing line between Lots Nos. 10 and 40, Block "M" of the Plan; thence by said dividing line,
and the line of Lot No. 39, Block "M" of the Plan, North 16 degrees 25 minutes West, 107.12
feet to a point at the dividing line between Lots Nos. 10 and 11, Block "M" of the Plan; thence
by said dividing line, North 71 degrees 57 minutes East, 103.96 feet to a point on the western
side of Lamp Post Lane; thence by the western side of Lamp Post Lane, by an are curving to the
left, having a radius of 560.00 feet, an arc distance of 11.40 feet; thence continuing along the
western side of Lamp Post Lane, South 19 degrees 13 minutes East, 93.48 feet to a point at the
dividing line between Lots Nos. 9 and 10, Block "M" of the Plan, the place of BEGINNING.
BEING all of Lot No. 1, Block "M", Plan 10, Pinebrook, which Plan is recorded in the
Cumberland County Recorder's Office, in Plan Book 19, Page 85.
HAVING THEREON ERECTED a brick and aluminum bi-level dwelling being known
and numbered as 411 Lamp Post Lane, Camp Hill, Pennsylvania.
BEING the same premises which Timothy H. Stringer and Roberta G. Stringer, Principal,
by her POA, Timothy H. Stringer, granted and conveyed unto James L. McNaney and Debra E.
McNaney, husband and wife, by Deed dated June 23, 2006 and recorded June 29, 2006 in the
Recorder's Office of Cumberland County, Pennsylvania.
GRENEN & BIRSIC, P.C.
tto ys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
Lot/Block: 10-20-1848-028
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 07-3448 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION, Plaintiff (s)
From JAMES L. MCNANEY, JR. AND DEBRA E. MCNANEY
(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 $161,845.60
Interest $4,670.00
Atty's Comm %
Atty Paid $175.48
Plaintiff Paid
Date: AUGUST 2, 2007
(Seal)
L.L. $.50
Due Prothy $2.00
Other Costs
liepury
REQUESTING PARTY:
Name JOSEPH A. FIDLER, ESQUIRE
Address: ONE GATEWAY CNTR., 9TH FLOOR
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-7650
Supreme Court ID No. 87325
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
EMC MORTGAGE CORPORATION, CIVIL DIVISION
Plaintiff,
NO.: 2007-03448
vs.
JAMES L. MCNANEY, JR. and TYPE OF PLEADING
DEBRA E. MCNANEY,
MOTION FOR SERVICE OF NOTICE OF
Defendants. SHERIFF SALE PURSUANT TO
SPECIAL ORDER OF COURT
FILED ON BEHALF OF PLAINTIFF:
EMC Mortgage Corporation
COUNSEL OF RECORD FOR THIS
PARTY:
Daniel J. Birsic, Esquire
Pa. I.D. 448450
Kristine M. Anthou, Esquire
Pa. I.D. #77991
Joseph A. Fidler, Esquire
Pa. I.D. #87325
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
EMC MORTGAGE CORPORATION, CIVIL DIVISION
Plaintiff,
vs.
NO.: 2007-03448
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Defendants.
MOTION FOR SERVICE OF NOTICE OF SHERIFF SALE PURSUANT TO SPECIAL
ORDER OF COURT
AND NOW, comes the Plaintiff, EMC Mortgage Corporation, by and through its
attorneys, GRENEN & BIRSIC, P.C., and files the within Motion for Service of Notice of
Sheriff's Sale Pursuant to Special Order of Court under Pennsylvania Rule of Civil Procedure
430 as follows:
On or about July 26, 2007, Plaintiff entered Default Judgment against
Defendants, James L. McNaney, Jr. and Debra E. McNaney in this action in the amount of
$161,845.60 and for foreclosure and sale of the mortgaged premises.
2. On or about August 2, 2007, Plaintiff filed with the Prothonotary a Praecipe for
Writ of Execution on the judgment in this action.
3. In accordance with Pa. Rule of Civil Procedure 3129, Plaintiff mailed the
Defendants, James L. McNaney, Jr. and Debra E. McNaney a true and correct copy of Plaintiffs
Notice of Sheriff Sale, by certified mail, return receipt requested at their last known address
being 411 Lamp Post Lane, Camp Hill, PA, 17011 and by directing the Sheriff of Cumberland
County to serve the Defendants at the same address.
4. As of August 28, 2007, the certified mail regarding Defendants, James L.
McNaney, Jr. and Debra E. McNaney has been returned to Plaintiff indicating that the mail is
unclaimed. A true and correct copy of the returned certified mail envelopes is marked Exhibit
"A", attached hereto and made a part hereof.
As of September 5, 2007, the Cumberland County Sheriff has been unable to
serve the Defendants with a copy of the Notice of Sheriff's Sale.
6. An Affidavit of the Plaintiff stating the nature and extent of the investigation
which has been made to determine the whereabouts of Defendants, James L. McNaney, Jr. and
Debra E. McNaney and the reasons why service of the Notice of Sheriffs Sale cannot be made,
is marked Exhibit "B", attached hereto and made a part hereof.
WHEREFORE, Plaintiff respectfully requests that this Honorable Court permit the
Plaintiff to serve Defendants, James L. McNaney, Jr. and Debra E. McNaney by mailing a true
and correct copy of the Notice of Sheriff's Sale by certified mail, return receipt requested and by
First Class U.S. Mail, postage pre-paid to 411 Lamp Post Lane, Camp Hill, PA, 17011 and by
posting of the handbill in accordance with Pa. R.C.P. 3129.2(b). Service of the Notice of
Sheriff's Sale shall be deemed complete and valid upon mailing by the Plaintiff and posting by
the Sheriff.
GRENEN & BIRSIC, P.C.
BY:
Kristine M. Anthou, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281 7650
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
EMC MORTGAGE CORPORATION, CIVIL DIVISION
Plaintiff,
NO.: 2007-03448
VS.
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Defendants.
AFFIDAVIT PURSUANT TO PA. R.C.P. 430
COUNTY OF ALLEGHENY )
) SS
COMMONWEALTH OF PENNSYLVANIA )
Before me, a notary public, in and for the foregoing county and commonwealth,
personally appeared Kristine M. Anthou, Esquire, of GRENEN & BIRSIC, P.C. attorneys for
Plaintiff and deposes and says that the following accurately reflects efforts made to ascertain the
exact whereabouts of the Defendants, James L. McNaney, Jr. and Debra E. McNaney, named in
the above-captioned matter:
(a) On August 22, 2007, Plaintiff mailed to the United States Postmaster at
Camp Hill, PA, 17011 a request to be furnished with a forwarding address
of Defendants, James L. McNaney, Jr. and Debra E. McNaney.
(b) On August 27, 2007, Plaintiff received a response from the United States
Postmaster indicating that the Defendants reside at 411 Lamp Post Lane,
Camp Hill, PA, 17011. A true and correct copy of those responses is
marked as Attachment "A", attached hereto and made a part hereof.
(c) Examinations were made of the Camp Hill Area Telephone Directory; said
examinations indicated that the Defendants are listed at 411 Lamp Post
Lane, Camp Hill, PA, 17011 with a telephone number of (717) 763-1689.
(d) Examinations were made of the Cumberland County Voter Registration
Records; said examinations produced outdated addresses from year 2000
voting records.
(e) A computer records search of a nationwide database indicates that the
Defendants currently reside at 411 Lamp Post Lane, Camp Hill, PA,
17011.
Finally, affiant deposes and says that after the foregoing investigation, the Plaintiff
believes and avers that the Defendants, James L. McNaney, Jr. and Debra E. McNaney reside at
411 Lamp Post Lane, Camp Hill, PA, 17011.
GRENEN & BIRSIC, P.C.
BY: L ,cam
Kristine M. Anthou, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281 7650
Sworn to an subscribed before me
this .57?74. day of
Notary Public
COMMONWEALTH OF PENNSYLVANIA
Notarial Sea
Joanne M. Wehner, Notary Public
City of Pittsburgh, Allegheny County
My Commission Expirfs June 19, 2009
Member, Pennsylvania Associatinn of Notaries
POSTMASTER
Camp Hill, PA 17011
•
•
Date: August 22, 2007
Request for Change of Address or Boxholder
Information Needed for Service of Legal Process
Please furnish the new address or the name and street address (if a box holder) for the following:
Name: James L. McNaney, Jr.
Address: 411 Lamp Post Lane
NOTE: The name and last known address are required for change of address information. The name, if known, and
post office box address are required for boxholder information.
The following information is provided in accordance with 39 CFR 165.6(d)(8)(ii). There is no fee for providing
boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR
265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b.
1. Capacity of requester (e.g., process server, attorney, party representing himself): Paralegal
2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party
acting pro se - except a corporation acting pro se must cite statute):
3. The names of all known parties to the litigation: EMC Mortgage Corporation v. James L. McNaney, Jr. and
Debra E. McNaney
4. The court in which the case has been or will be heard: Cumberland County Court of Common Pleas
5. The docket or other identifying number if one has been issued: 2007-03448
6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant
WARNING
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS
INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF
LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN
CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID
PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS,
OR BOTH (TITLE 18 U.S.C SECTION 1001).
I certify that the above information is true and that the address information is needed and will be used solely for
service of legal process in connection with actual or prospective litigation.
Signaiur?
Erin J. Dauria
Grenen & Birsic, P.C., One Gateway Center, Ninth Floor, Pittsburgh, PA 15222 (412) 281-7650
FOR POST OFFICE USE ONLY
-11-1No change of address order on file. POSTMARK
NEW ADDRESS OR BOXHOLDER'S,' Not Not known at address given. NAME and STREET ADDRESS
Moved, left no forwarding address ;?c 1
No such address.
•
POSTMASTER
Camp Hill, 1'A 17011
Date: August 22, 2007
Request for Change of Address or Boxholder
information Needed for Service of Legal Process
Please furnish the new address or the name and street address (if a box holder) for the following:
Name: Debra E. McNaney
Address: 411 Lamp Post Lane
NOTE: The name and last known address are required for change of address information. The name, if known, and
post office box address are required for boxholder information.
The following information is provided in accordance with 39 CFR 165.6(d)(8)(ii). There is no fee for providing
boxholder information. The fee for providing change of address information is waived in accordance with 39 CFR
265.6(d)(1) and (2) and corresponding Administrative Support Manual 352.44a and b.
1. Capacity of requester (e.g., process server, attorney, party representing himself): Paralegal
2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party
acting pro se - except a corporation acting pro se must cite statute):
3. The names of all known parties to the litigation: EMC Mortgage Corporation v. James L. McNaney, Jr. and
Debra E. McNaney
4. The court in which the case has been or will be heard: Cumberland County Court of Common Pleas
5. The docket or other identifying number if one has been issued: 2007-03448
6. The capacity in which this individual is to be served (e.g., defendant or witness): Defendant
WARNING
THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS
INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF
LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN
CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID
PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS,
OR BOTH (TITLE 18 U.S.C SECTION 1001).
I certify that the above information is true and that the address information is needed and will be used solely for
service of legal p cess in with actual or prospective litigation.
Signatu
Erin J. Dauria
Grenen & Birsic, P.C., One Gateway Center, Ninth Floor, Pittsburgh, PA 15222 (412) 281-7650
FOR POST OFFICE USE ONLY
1 No change of address order on file
Not known at address given.
- Moved, left no forwarding address
No such address.
POSTMARK so?
NEW ADDRESS OR BOXHOLDER'S
NAME and STREET ADDRESS - t cto?',
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
EMC MORTGAGE CORPORATION, CIVIL DIVISION
Plaintiff,
NO.: 2007-03448
vs.
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Defendants.
CERTIFICATE OF SERVICE
The undersigned hereby certifies that a true and correct copy of the within Motion for
Service of the Notice of Sheriff's Sale Pursuant to Special Order of Court and Order of Court
was mailed to the following on this
.S ?
day of
S e p+c.,n b e-r-
, 2007, by first
class, U.S. Mail, postage pre-paid:
James L. McNaney, Jr.
411 Lamp Post Lane
Camp Hill, PA, 17011
Debra E. McNaney
411 Lamp Post Lane
Camp Hill, PA, 17011
GRENEN & BIRSIC, P.C.
BY:
Kristine M. Anthou, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281 7650
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
EMC MORTGAGE CORPORATION, CIVIL DIVISION
Plaintiff,
vs.
NO.: 2007-03448
JAMES L. MCNANEY, JR. and TYPE OF PLEADING
DEBRA E. MCNANEY,
AMENDMENT TO MOTION FOR
Defendants. SERVICE OF NOTICE OF SHERIFF
SALE PURSUANT TO SPECIAL ORDER
OF COURT
FILED ON BEHALF OF PLAINTIFF:
EMC Mortgage Corporation
COUNSEL OF RECORD FOR THIS
PARTY:
Daniel J. Birsic, Esquire
Pa. I.D. #48450
Kristine M. Anthou, Esquire
Pa. I.D. #77991
Joseph A. Fidler, Esquire
Pa. I.D. #87325
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
EMC MORTGAGE CORPORATION, CIVIL DIVISION
Plaintiff,
vs.
NO.: 2007-03448
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Defendants.
AMENDMENT TO MOTION FOR SERVICE OF NOTICE OF SHERIFF SALE
PURSUANT TO SPECIAL ORDER OF COURT
AND NOW, comes the Plaintiff, EMC Mortgage Corporation, by and through its
attorneys, GRENEN & BIRSIC, P.C., and files the within Amendment to Motion for Service of
Notice of Sheriff's Sale Pursuant to Special Order of Court in compliance with Cumberland
County Local Rule 208.3 (a)(2) and/or Rule 208.3 (a)(9) as follows:
No other petition and/or motion has been entered or decided in the above
referenced matter or any related matter.
2. No other petition and/or motion is pending in the above referenced matter
or any related matter.
3. Defendants, James L. McNaney, Jr. and Debra E. McNaney, have not
entered an appearance of record.
GRENEN & BIRSICP.C.
BY:
Kristine M. Anthou, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281 7650
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INTHE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
EMC MORTGAGE CORPORATION, CIVIL DIVISION
Plaintiff,
VS.
JAMES L. MCNANEY, JR. and
DE13RA E. MCNANEY,
Defendants.
NO.: 2007-03448
AND NOW. to wit. this f day of . 2007. upon
consideration of the within Motion for Service of the Notice of Sheriffs Sale Pursuant to
Special Order of Court, it is hereby ORDERED, ADJUDGED and DECRAED that the Plaintiff
is permitted to serve. Defendants, James L. McNaney, Jr. and Debra E. McNaney, by first class
mail, postage pre-paid and certified mail' at 411 Lamp Post Lane, Cane Hill, PA, 17011 and by
posting of the handbill in accordance with Pa. R.C.P. 3129.2(b). Service on the Defendants shall
be deemed complete and valid upon mailing and posting in accordance: with this order.
J.
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
EMC MORTGAGE CORPORATION,
CIVIL DIVISION
Plaintiff,
NO.: 2007-03448
vs.
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Pa. R.C.P. RULE 3129.2(c)(2)
Defendants. PURSUANT TO RULE 3129.1
LIENHOLDER AFFIDAVIT OF
SERVICE
SALE DATE: December 5, 2007
EMC Mortgage Corporation
TYPE OF PLEADING
FILED ON BEHALF OF PLAINTIFF:
COUNSEL OF RECORD FOR THIS
PARTY:
Daniel J. Birsic, Esquire
Pa. I.D. #48450
Kristine M. Anthou, Esquire
Pa. I.D. #77991
Joseph A. Fidler, Esquire
Pa. I.D. #87325
GRENEN & BIRSIC, P.C.
One Gateway Center
Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
A
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
EMC MORTGAGE CORPORATION, CIVIL DIVISION
Plaintiff,
VS.
NO.: 2007-03448
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Defendants.
Pa. R.C.P. RULE 3129.2(c)(2)
LIENHOLDER AFFIDAVIT OF SERVICE
Kristine M. Anthou, Attorney for Plaintiff, EMC Mortgage Corporation, being duly
sworn according to law, deposes and makes the following Affidavit regarding service of the
notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiffs
Affidavit Pursuant to Rule 3129.1 as follows:
1. By letters dated August 8, 2007, undersigned counsel served all persons (other
than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule
3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set
forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit
Q.
Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned as of this date, are
marked Exhibit "A", attached hereto, and made a part hereof.
I verify that the facts contained in this Affidavit are true and correct based upon my
personal knowledge, information and belief.
GRENEN & BIRSIC, P.C.
BY: ?.c.?. ?C 61 t
Kris ?eM. L?hou, Esquire
Attorneys for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
SWORN TO AND SUBSCRIBED BEFORE ME
THIS DAY OF 0? f 0 rte` , 2007.
AJ&,eek t/17
Notary Pubfic
TMOF
Nofs" Seed
Rebecca G. KoWW, Notary Pubic
W C rnn*dm Ermines June 2, 20'11
Member, Pennsvivwft I1s?oOMtbn of NOW'"
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EMC MORTGAGE CORPORATION, CIVIL DIVISION
Plaintiff,
NO.: 2007-03448
vs.
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Defendants.
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
EMC Mortgage Corporation, Plaintiff in the above action, sets forth as of the date the
Praecipe for the Writ of Execution was filed the following information concerning the real
property of James L. McNaney, Jr. and Debra E. McNaney located at 411 Lamp Post Lane,
Camp Hill, PA, 17011 and is more fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES L. MCNANEY, JR.
AND DEBRA E. MCNANEY OF, IN AND TO THE FOLLOWING DESCRIBED
PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF
PENNSYLVANIA. HAVING THEREON ERECTED A BRICK AND ALUMINUM BI-
LEVEL DWELLING BEING KNOWN AND NUMBERED AS 411 LAMP POST LANE,
CAMP HILL, PA, 17011. DBV 275, PG 1932, BLOCK/LOT 10-20-1848-028.
1. The name and address of the owner(s) or reputed owner(s):
James L. McNaney, Jr. and 411 Lamp Post Lane
Debra E. McNaney Camp Hill, PA 17011
Ift
0
2. The name and address of the defendants in the judgment:
James L. McNaney, Jr. and
Debra E. McNaney
C7
411 Lamp Post Lane
Camp Hill, PA 17011
3. The name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
EMC Mortgage Corporation
PLAINTIFF
4. The name and address of the last record holder of every mortgage of record:
EMC Mortgage Corporation
MERS, Inc., as Nominee for
Equifirst Corporation
PLAINTIFF
500 Forest Point Circle
Charlotte, NC 28273
and
PO Box 2026
Flint, MI 48501
5. The name and address of every other person who has any record lien on the property:
Cumberland Domestic Relations
PA Department of Revenue
Department of Welfare
P.O. Box 320
Carlisle, PA 17013
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Commonwealth of Pennsylvania
P.O. Box 2675
Harrisburg, PA 17105
6. The name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
None
%1 0 0
7. The name and address of every other person whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
None
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities.
Attorney for Plaintiff
SWORN to and subscribed before
me this day of '2007.
Notary Public COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Joanne M. Wehner, Nota , Public
City of Pittsburgh, Allegheny County
My Commission Expires.June ?9, 2oo9
Member, Pennsylvania Associahnr o; Notaries
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COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff's Deed in which MYERS MAX & NINA is the grantee the same having been sold to said
grantee on the 6TH day of FEB A.D., 2008, under and by virtue of a writ Execution issued on the 2ND
day of AUG, A.D., 2007, out of the Court of Common Pleas of said County as of Civil Term, 2007
Number 3448, at the suit of EMC MTG CORP against JAMES L MCNANEY JR & DEBRA E is duly
recorded as Instrument Number 200806442.
IN TESTIMONY WHEREOF, I havyee hereunto set my hand
and seal of said office this y day of
VOLA-? A.D.
of Deeds
4 Cumberhw County. CWW PA
6*" ft Fired y of JW 2010
EMC Mortgage Corporation In the Court of Common Pleas of
VS Cumberland County, Pennsylvania
James L. McNaney, Jr. and Writ No. 2007-3448 Civil Term
Debra E. McNaney
Cpl. Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on
October 08, 2007 at 1239 hours, he served a true copy of the within Real Estate Writ, Notice and
Description, in the above entitled action, upon the within named defendants, to wit: James L.
McNaney, Jr. and Debra E. McNaney, by making known unto Debra McNaney, personally and
adult in charge for James L. McNaney, Jr. at 411 Lamp Post Lane, Camp Hill, Cumberland County,
Pennsylvania its contents and at the same time handing to her personally the said true and correct
copy of the same.
Jason Vioral, Deputy Sheriff, who being duly sworn according to law, states that on October
08, 2007 at 1239 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 James L. McNaney, Jr. and Debra E.
McNaney located at 411 Lamp Post Lane, Camp Hill, 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 defendants, to wit: James L.
McNaney and Debra E. McNaney by regular mail to their last known address of 411 Lamp Post
Lane, Camp Hill, PA 17011. These letters were 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 that after due and
legal notice had been given according to law, he exposed the within described premises at public
venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on February 6, 2008
at 10:00 o'clock A.M. He sold the same for the sum of $145,000.00 to Rev. Max Myers. It being
the highest bid and best price received for the same, Rev. Max Myers of 5015 Ravenwood Road,
Mechanicsburg, Pennsylvania 17055, being the buyer in this execution, paid to Sheriff R. Thomas
Kline the sum of $152,088.62.
Sheriff s Costs:
Docketing $30.00
Poundage 2,900.00
Posting Bills 15.00
Advertising 15.00
Acknowledging Deed 48.00
Auctioneer 10.00
Law Library .50
Prothonotary 2.00
Mileage 12.48
Levy 15.00
Surcharge 30.00
Post Pone Sale 20.00
Law Journal 425.00
Patriot News 398.75
Share of Bills 14.92
Distribution of Proceeds 25.00
Sheriff s Deed 39.50
$4,001.15 ?3??z?°? ?...
R. Thomas Kline, Sheriff
BY C
Real Estate ergeant
`i8'utJ ? ?
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IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EMC MORTGAGE CORPORATION, CIVIL DIVISION
Plaintiff,
VS.
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Defendants.
NO.: 2007-03448
AFFIDAVIT PURSUANT TO RULE 3129.1
COMMONWEALTH OF PENNSYLVANIA )
SS:
COUNTY OF CUMBERLAND )
EMC Mortgage Corporation, Plaintiff in the above action, sets forth as of the date the
Praecipe for the Writ of Execution was filed the following information concerning the real
property of James L. McNaney, Jr. and Debra E. McNaney located at 411 Lamp Post Lane,
Camp Hill, PA, 17011 and is more fully described as follows:
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES L. MCNANEY, JR.
AND DEBRA E. MCNANEY OF, IN AND TO THE FOLLOWING DESCRIBED
PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF
PENNSYLVANIA. HAVING THEREON ERECTED A BRICK AND ALUMINUM BI-
LEVEL DWELLING BEING KNOWN AND NUMBERED AS 411 LAMP POST LANE,
CAMP HILL, PA, 17011. DBV 275, PG 1932, BLOCK/LOT 10-20-1848-028.
1. The name and address of the owner(s) or reputed owner(s):
James L. McNaney, Jr. and
Debra E. McNaney
411 Lamp Post Lane
Camp Hill, PA 17011
1 • • a
t
2. The name and address of the defendants in the judgment:
James L. McNaney, Jr. and
Debra E. McNaney
411 Lamp Post Lane
Camp Hill, PA 17011
3. The name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
EMC Mortgage Corporation
PLAINTIFF
4. The name and address of the last record holder of every mortgage of record:
EMC Mortgage Corporation
MFRS, Inc., as Nominee for
Equifirst Corporation
PLAINTIFF
500 Forest Point Circle
Charlotte, NC 28273
and
PO Box 2026
Flint, MI 48501
5. The name and address of every other person who has any record lien on the property:
Cumberland Domestic Relations
P.O. Box 320
Carlisle, PA 17013
PA Department of Revenue
Department of Welfare
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Commonwealth of Pennsylvania
P.O. Box 2675
Harrisburg, PA 17105
6. The name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
None
7. The name and address of every other person whom the plaintiff has knowledge who has any
interest in the property which may be affected by the sale:
None
I verify that the statements made in the Affidavit are true and correct to the best of my
personal knowledge, information and belief. I understand that false statements herein are made
subject to the penalties of 18 Pa. C.S.A. §4904 relating to unswornfalsification to authorities.
for Plaintiff
SWORN to and subscribed before
me this 3 day of , 2007.
Notary Public COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Joanne M. Wehner, Notary Public
City of Pittsburgh, Allegheny County
My Commission Expires June 19, 2009
Member, Pennsylvania Association of Notaries
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EMC MORTGAGE CORPORATION, CIVIL DIVISION
Plaintiff,
VS.
NO.: 2007-03448
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Defendants.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: James L. McNaney, Jr.
411 Lamp Post Lane
Camp Hill, PA 17011
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
Cumberland County Courthouse
Commissioners Hearing Room, 2nd Floor
1 Courthouse Square
Carlisle, PA 17013
on December 5, 2007, at 10:00 A.M., the following described real estate, of which James L.
McNaney, Jr. and Debra E. McNaney are the owner(s) or reputed owner(s):
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES L. MCNANEY, JR.
AND DEBRA E. MCNANEY OF, IN AND TO THE FOLLOWING DESCRIBED
PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF
PENNSYLVANIA. HAVING THEREON ERECTED A BRICK AND ALUMINUM BI-
LEVEL DWELLING BEING KNOWN AND NUMBERED AS 411 LAMP POST LANE,
CAMP HILL, PA, 17011. DBV 275, PG 1932, BLOCK/LOT 10-20-1848-028.
?y
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure
action of
EMC Mortgage Corporation
Plaintiff,
VS.
James L. McNaney, Jr. and Debra E. McNaney
Defendant(s)
at Execution Number 2007-03448in the amount of $166,515.60.
A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty
(30) days from the sale date.
Distribution will be made in accordance with the Schedule of Distribution unless
exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date
when the Schedule of Distribution is filed by the Office of the Sheriff.
GRENEN &, BIRSIC, P.C.
Date: ?? B
rney for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
1 .1 !. •
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EMC MORTGAGE CORPORATION, CIVIL DIVISION
Plaintiff,
VS.
NO.: 2007-03448
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Defendants.
NOTICE OF SHERIFF'S SALE OF REAL ESTATE
TO: Debra E. McNaney
411 Lamp Post Lane
Camp Hill, PA 17011
TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of
Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County,
directed, there will be exposed to Public Sale in the
Cumberland County Courthouse
Commissioners Hearing Room, 2nd Floor
1 Courthouse Square
Carlisle, PA 17013
on December 5, 2007, at 10:00 A.M., the following described real estate, of which James L.
McNaney, Jr. and Debra E. McNaney are the owner(s) or reputed owner(s):
ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF JAMES L. MCNANEY, JR.
AND DEBRA E. MCNANEY OF, IN AND TO THE FOLLOWING DESCRIBED
PROPERTY:
ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE
TOWNSHIP OF HAMPDEN, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF
PENNSYLVANIA. HAVING THEREON ERECTED A BRICK AND ALUMINUM BI-
LEVEL DWELLING BEING KNOWN AND NUMBERED AS 411 LAMP POST LANE,
CAMP HILL, PA, 17011. DBV 275, PG 1932, BLOCK/LOT 10-20-1848-028.
The said Writ of Execution has been issued on a judgment in the mortgage foreclosure
action of
EMC Mortgage Corporation
Plaintiff,
VS.
James L. McNaney, Jr. and Debra E. McNaney
Defendant(s)
at Execution Number 2007-03448in the amount of $166,515.60.
A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty
(30) days from the sale date.
Distribution will be made in accordance with the Schedule of Distribution unless
exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date
when the Schedule of Distribution is filed by the Office of the Sheriff.
Date: 7
GRENEN &
IC, P.C.
AtWffiey for Plaintiff
One Gateway Center, Ninth Floor
Pittsburgh, PA 15222
(412) 281-7650
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
EMC MORTGAGE CORPORATION, CIVIL DIVISION
Plaintiff,
vs.
NO.: 2007-03448
JAMES L. MCNANEY, JR. and
DEBRA E. MCNANEY,
Defendants.
LONG FORM DESCRIPTION
ALL THAT CERTAIN tract or parcel of land and premises, situate, lying and being in
the Township of Hampden, in the County of Cumberland, and Commonwealth of Pennsylvania,
more particularly described as follows:
BEGINNING at a point on the western side of Lamp Post Lane, which point is 539.05
feet in a northern direction from the northwest corner of Harness Lane and Lamp Post Lane, at
the dividing line between Lots Nos. 9 and 10, Block "M", of the hereinafter mentioned Plan;
thence by the said dividing line, South 70 degrees 47 minutes West, 109.05 feet to a point at the
dividing line between Lots Nos. 10 and 40, Block "M" of the Plan; thence by said dividing line,
and the line of Lot No. 39, Block "M" of the Plan, North 16 degrees 25 minutes West, 107.12
feet to a point at the dividing line between Lots Nos. 10 and 11, Block "M" of the Plan; thence
by said dividing line, North 71 degrees 57 minutes East, 103.96 feet to a point on the western
side of Lamp Post Lane; thence by the western side of Lamp Post Lane, by an arc curving to the
left, having a radius of 560.00 feet, an arc distance of 11.40 feet; thence continuing along the
western side of Lamp Post Lane, South 19 degrees 13 minutes East, 93.48 feet to a point at the
dividing line between Lots Nos. 9 and 10, Block "M" of the Plan, the place of BEGINNING.
BEING all of Lot No. 1, Block "M", Plan 10, Pinebrook, which Plan is recorded in the
Cumberland County Recorder's Office, in Plan Book 19, Page 85.
HAVING THEREON ERECTED a brick and aluminum bi-level dwelling being known
and numbered as 411 Lamp Post Lane, Camp Hill, Pennsylvania.
.. WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 07-3448 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due EMC MORTGAGE CORPORATION, Plaintiff (s)
From JAMES L. MCNANEY, JR. AND DEBRA E. MCNANEY
(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 $161,845.60
Interest $4,670.00
Atty's Comm %
Atty Paid $175.48
Plaintiff Paid
Date: AUGUST 2, 2007
(Seal)
REQUESTING PARTY:
Name JOSEPH A. FIDLER, ESQUIRE
Address: ONE GATEWAY CNTR., 9TH FLOOR
PITTSBURGH, PA 15222
Attorney for: PLAINTIFF
Telephone: 412-281-7650
Supreme Court ID No. 87325
L.L. $.50
Due Prothy $2.00
Other Costs
L?rw?y
N -W.v
qR)
Real Estate Sale # 31
On August 15, 2007 the Sheriff levied upon the
defendant's interest in the real property situated in
Hampden Township, Cumberland County, PA
Known and numbered as 411 Lamp Post Lane,
Camp Hill, more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: August 15, 2007 B
yj
Real Esta Sergeant
hS :Z Qi- Cj ,aV LEUz
SCHEDULE OF DISTRIBUTION
SALE-NO. 31
Date Filed: February 22, 2008
Writ No. 2007-3448 Civil Term
EMC Mortgage Corporation
VS
James L. McNaney, Jr. and Debra E. McNaney
411 Lamp Post Lane
Camp Hill, PA 17011
Sale Date: February 06, 2008
Buyer: Rev. Max Myers
Bid Price: $145,000.00
Real Debt: $161,845.60
Interest: 4,670.00
Attorney Writ Costs: 175.48
Total:
$166,691.08
f
DISTRIBUTION:
Receipts:
Cash on account (08/15/2007):
Cash on account (02/06/2008):
Cash on account (02/21/2008):
$ 2,000.00
14,500.00
137,588.62
Total Receipts: $154,088.62
Disbursements:
Sheriff s Costs $4,001.15
Legal Search 300.00
Transfer Tax, Local 1,944.31
Transfer Tax, State 1,944.31
Cumberland Co Tax Claim Bureau 1,717.97
Marie Huber, Tax Collector 421.54
Hampden Township 152.41
Attorney Grenen & Birsic 2,000.00
EMC Mortgage Corporation 141,606.93
Total Disbursements: ($154,088.62)
Balance for distribution: 0.00
So Answers:
R. Thomas Kline
Sheriff
- SNELBAKER & BRENr.TEMAN, P. C.
ATTORNEY AT LAW
44 W. Main Street
Mechanicsburg, PA 17055
TITLE REPORT
TO: Sheriff of Cumberland County
RE: Sheriffs Sale No. 31, held February 6, 2008
EFFECTIVE DATE: January 31, 2008
PREMISES: 411 Lamp Post Lane, Hampden Township, Cumberland County
Pennsylvania, Lot No. 1, Plan Book 19, Page 85, Block M,
Plan No. 10 of Pinebrook
Tax Parcel No. 10-20-1848-028 (the "Premises")
RECITAL: Being the same premises which Timothy H. Stringer and Roberta G. Stringer, by
her attorney-in-fact, Timothy H. Stringer, by Deed dated June 23, 2006 and
recorded June 29, 2006 in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania in Deed Book 275, Page 1932, granted and
conveyed unto James L. McNaney and Debra E. McNaney, husband and wife.
The Premises identified above and as more fully described in the legal description
attached hereto and incorporated by reference herein as "Exhibit A" is subject to the below items
and exceptions. All recording and docket locations identified are in the Office of the Recorder of
Deeds of Cumberland County and/or the Court of Common Pleas of Cumberland County.
EXCEPTIONS:
1. Claims and charges for improvements and repairs to the Premises or delivery of materials
thereto for which payment has not been made.
2. Possible unfiled Mechanics Liens and municipal claims, charges and assessments.
3. The rights or claims of any tenants or other parties in possession.
4. Support arrearages of any owner or previous owner of the Premises pursuant to Act 58 of
1997, as amended.
5. Any environmental liens or claims filed or on record in the Federal District Court.
AV
6. Payment of state and local real estate transfer tax, if applicable.
7. Any secured transactions with respect to the Premises.
8. The area of the Premises is not certified.
9. Those matters which a view or inspection of the Premises would reveal.
10. The accuracy of the measurements and dimensions of the Premises or the rights or title of
or through any person or persons in possession of same, conflicts with adjoining
property, encroachments, projections or any other matter disclosed by an accurate survey
of the Premises.
11. The right of use as may be determined by any applicable municipal zoning ordinance or
regulation.
12. Any matter not of record at the Court House as of the effective date of this Title Report
and subsequent to the date hereof.
13. Any tax increase based on additional assessment made by reason of new construction or
major improvements.
14. The absence or failure of proper and required notice being given to all owners and
holders of liens and encumbrances intended to be divested by the Sheriffs sale and
procedural defects by any judgment creditor or lienholder executing on the Premises
giving rise to the Sheriffs sale noted above.
15. Identity and legal competency of all parties at any closing or conveyance of the Premises
should be established.
16. Access to the Premises by public road or street is not certified.
17. Suitability or existence of sewer and water facilities on or available to the Premises is not
certified.
18. Real Estate taxes on the Premises due and payable but not turned over for collection to
the Tax Claim Bureau.
19. All Real Estate taxes on the Premises assessed but not billed as well as those Real Estate
taxes accruing on and after January 1, 2008.
20. Any matter arising due to the discrepancy in the name of or different identity of James L.
McNaney as an owner of the Premises and the various mortgages, judgments and items
against James L. McNaney, Jr. as described herein.
-2-
• 21. Mortgage in the amount of $146,000.00 from James L. McNaney, Jr. and Debra E.
McNaney, husband and wife to EquiFirst Corporation dated June 23, 2006 and recorded
June 29, 2006 in Mortgage Book 1956, Page 3585, assigned July 26, 2007 in Misc. Book
738, Page 4248 to EMC Mortgage Corporation.
22. Mortgage in the amount of $36,500.00 from James L. McNaney, Jr. and Debra E.
McNaney, husband and wife to EquiFirst Corporation dated June 23, 2006 and recorded
June 29, 2006 in Mortgage Book 1956, Page 3605.
23. Judgment against James L. McNaney, Jr. and Debra E. McNaney in the amount of
$161,845.60 entered in favor of EMC Mortgage Corporation on July 26, 2007 to No.
2007-3488 with respect to the mortgage identified in Paragraph 21.
24. Real Estate taxes due the Cumberland County Tax Claim Bureau in the amount of
$1,701.30, together with possible additional accrued interest, penalties and costs.
25. Subject to the Declaration recorded in Misc. Book 181, Page 781.
26. All building setback lines, easements, notes, conditions and all other matters appearing
on the Plan No. 10 of Pinebrook recorded in Plan Book 19, Page 85.
27. Subject to the rights granted Riverton Consolidated Water Company in Misc. Book 181,
Page 667.
28. Subject to the rights granted Bell or Bell Telephone recorded in Misc. Book 182,
Page 990.
29. Subject to the rights granted PPL in Misc. Book 183, Page 512.
30. Subject to the Complaint filed against James L. McNaney, Jr. and Debra McNaney filed
by Franklin Credit Management Corporation on October 5, 2007 to No. 2007-5897.
31. Subject to the rights of others in and to any portion of the premises lying within or
adjoining Lamp Post Lane.
The undersigned shall not be bound by this Title Report to any person, firm or entity
other than the Sheriff of Cumberland County.
Snelbaker & Brenneman, P. C.
By:
I A?
Keith O. Brenneman
-3-
REAL ESTATE SALE NO. 31
Writ No. 2007-03448 Civil
EMC Mortgage Corporation
VS.
James L. McNaney, Jr. and
Debra E. McNaney
Atty.: Joseph Fidler
DESCRIPTION
ALL THAT CERTAIN tract or
parcel of land and premises, situ-
ate, lying and being in the Town-
ship of Hampden, in the County of
Cumberland, and Commonwealth
of Pennsylvania, more particularly
described as follows:
BEGINNING at a point on the
western side of Lamp Post Lane,
which point is 539.05 feet in a
northern direction from the north-
west corner of Harness Lane and
Lamp Post Lane, at the dividing line
between Lots Nos. 9 and 10, Block
"M", of the hereinafter mentioned
Plan; thence by the said dividing line,
South 70 degrees 47 minutes West,
109.05 feet to a point at the dividing
line between Lots Nos. 10 and 40,
Block "M" of the Plan; thence by said
dividing line, and the line of Lot No.
39, Block "M" of the Plan, North 16
degrees 25 minutes West, 107.12 feet
to a point at the dividing line between
Lots Nos. 10 and 11, Block "M" of the
Plan; thence by said dividing line,
North 71 degrees 57 minutes East,
103.96 feet to a point on the western
side of Lamp Post Lane; thence by the
western side of Lamp Post Lane, by
an arc curving to the left, having a
radius of 560.00 feet, an arc distance
of 11.40 feet; thence continuing along
the western side of Lamp Post Lane,
South 19 degrees 13 minutes East,
93.48 feet to a point at the dividing
line between Lots Nos. 9 and 10,
Block "M" of the Plan, the place of
BEGINNING.
BEING all of Lot No. 1, Block "M",
Plan 10, Pinebrook, which Plan is
recorded in the Cumberland County
Recorder's Office, in Plan Book 19,
Page 85.
HAVING THEREON ERECTED a
brick and aluminum bi-level dwell-
ing being known and numbered as
411 Lamp Post Lane, Camp Hill,
Pennsylvania.
BEING the same premises which
Timothy H. Stringer and Roberta
G. Stringer, Principal, by her POA,
Timothy H. Stringer, granted and
conveyed unto James L. McNaney
and Debra E. McNaney, husband
and wife, by Deed dated June 23,
2006 and recorded June 29, 2006 in
the Recorder's Office of Cumberland
County, Pennsylvania.
Lot/ Block: 10-20-1848-028
EXHIBIT A
,Y
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, placq, and character of publication are true.
Coyne, Editor
SWORN T9-AND SUBSCRIBED before me this
day of November, 2007
(:::
Notary
DEBNOTARIAL SEAL
ORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
MAL UTATL SALE NO. 31
Writ No. 2007-03448 Civil
EMC Mortgage Corporation
vs.
James L. Mc
Nancy, Jr. and
Debra E. McNaney
Atty.: Joseph Fidler
DESCRIPTION
ALL THAT CERTAIN tract or
parcel of land and premises, situ-
ate, lying and being in the Town-
ship of Hampden, in the County of
Cumberland, and Commonwealth
of Pennsylvania, more particularly
described as follows:
BEGINNING at a point on the
western side of Lamp Post Lane,
which point is 539.05 feet in a
northern direction from the north-
west corner of Harness Lane and
Lamp Post Lane, at the dividing line
between Lots Nos. 9 and 10, Block
"M", of the hereinafter mentioned
Plan; thence by the said dividing line
South 70 degrees 47 minutes West,
109.05 feet to a point at the dividing
line between Lots Nos. 10 and 40,
Block "M" of the Plan; thence by said
dividing line, and the line of Lot No.
39, Block "M" of the Plan, North 16
degrees 25 minutes West, 107.12 feet
to a point at the dividing line between
Lots Nos. 10 and 11, Block "M" of the
Plan; thence by said dividing line,
North 71 degrees 57 minutes East,
103.96 feet to a point on the western
side of lamp Post Lane; thence by the
western side of Lamp Post Lane, by
an arc curving to the left, having a
radius of 560.00 feet, anarc distance
of 11.40 feet; thence continuing along
the western side of Lamp Post Lane,
South 19 degrees 13 minutes East,
93.48 feet to a point at the dividing
line between Lots Nos. 9 and 10,
Block "M" of the plan, the place of
BEGINNING.
BEING all of Lot No. 1, Block "M",
Plan 10, Pinebrook, which Plan is
recorded in the Cumberland County
Recorder's Office, in Plan Book 19,
Page 85.
HAVING THEREON ERECTED a
brick and aluminum bi-level dwell-
ing being known and numbered as
411 Lamp Post Lane, Camp Hill,
Pennsylvania.
BEING the same premises which
Timothy H. Stringer and Roberta
G. Stringer, Principal by her POA,
Timothy H. Stringer, granted and
conveyed unto James L. McNaney
and Debra E. McNaney, husband
and wife, by Deed dated June 23
2006 and recorded June 29, 2006 in,
the Recorder's Office of Cumberland
County, Pennsylvania.
Lot/Block: 10-20-1848-028
T he Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8292
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
the P atr*otwXeu15-'
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin) ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY
This ad ran on the date(s) shown below:
10/24/07
10/31/07
11/07/07
lvaCl?
Sworn to a scribed before me th' 0 day of November, 2007 A.D.
Notary Pu lic
COMMONWEALTH OF PENNSYLVANIA
Notarial Seat
James L. Clads. Notary Public
City Of Harrishn, Dauphin County
My Commission Ogres June 2, 2008
Member, Pennsylvania Assocletlon of Notarier.
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