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HomeMy WebLinkAbout07-6850 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 Attorneys for Plaintiff Cumberland County Court of Common Pleas 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, CA 93063 V. Douglas E. Shaffner, a/k/a Douglas Shaffner 342 Airport Road Shippensburg, PA 17257 and Ellen B. Shaffner 342 Airport Road Shippensburg, PA 17257 Number 0 7- tom o OWil 7e m CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y ]a notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Douglas E. Shaffner, a/k/a Douglas Shaffner, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 342 Airport Road, Shippensburg, PA 17257. 3. The Defendant is Ellen B. Shaffner, who is one of the mortgagors of the mortgaged property hereinafter described, and her last-known address is 342 Airport Road, Shippensburg, PA 17257. 4. On 12/27/2006, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for Home Team Financial, LLC which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1978, Page 2775. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for Home Team Financial, LLC to The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1, Plaintiff herein, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known 342 Airport Road, Shippensburg, PA 17257. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 07/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $ 111,531.04 Interest through 11/07/2007 $ 2,953.63 (Plus $ 37.07 per diem thereafter) Attorney's Fee $ 5,576.55 Late Charges $ 111.21 Corporate Advances $ 397.50 Title Search $ 200.00 GRAND TOTAL $ 120,769.93 9. The attorney's fees set forth above are in conformity with the mortgage documents and Pennsylvania Law and will be collected in the event of a third party purchaser at Sheriffs Sale. If the mortgage is reinstated prior to the Sale, reasonable attorney's fees will be charged based on work actually performed. 10. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendants by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendants in the sum of $120,769.93, together with interest at the rate of $37.07 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY, P.C. B Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 10/31/2007 17:13 TEL 7175997794 1?7Y (-00 This Instrument Prepared By: ?iT JHlV 5 81110 59 After Recording Return To,: T.A. of Laaetut" `z0 FAST N STREk 401 P,. Main St„, Suite 3 MOUNT JOY, PENNSYLVANIA 17552 Mount PA 17552 Loan Number: 0611150030 ?aYr Uniform Part: d ldmWer Number: 39-13-0104-026 PrupertyAddress: 342 AIRPORT AD SHIPPEN'SBURG, PENNSYLVANIA 17257 X1019/045 15paoe Above TNs Lim For Ra? D&W L-S-T 0 MOUGtAGE WN: 1004195-0611150030-1 DEFINMONS Words used in multlple sections of ibis document are dellaed below and older words are de8oed to Sections 3, 11, 13,18. 20 and 21. Certain rules rgpur ag the usage of words and in this document are atao provided in Section 16. (A) "Security Inotrmnettt" Gleans this document, which is dated DECEMBER 27, 2006 , togather with all Riders to this document. (8) "Borrower" is DOUGLAS E SHAFFNER AND ELLEN B SId FNER HUSBAND AND WIFE Borrower b the mortgagor under dds Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, lac. MGRS is a separate corporation turd is acting solely as a nominee for Leader and Leader's saccesson and *Wpo. MERE b the tarrtggee attach' d ids Security lashumeaL MM is orpoized and existing under ilte laws of Delaware. and has an address and tolgih a ou nbes of P.Q. Boor 2026, Flint, MI 48501-2026, tel. (866) 679-MFRS. l;ortower iaitlais: Air PENtiSY4VANN Fam UNlF'??7?7yy p? Fa?rYs Maa/FsaodM RM INSTRUMENT -MERE Ngpy form SMS 01/01 page 1 of 17 J CONRAD Exhibit A BH 1976PG2775 10/31/2007 17:13 TEL 7175997794 J CONRAD Ia020/045 (D) "Lender" b HOME TEAM FINANCIAL, LLC Lender b a LIMITED LIABILITY OTgaMi7/bd and vdadog under the laws of PE1MSYLVANIA Leader's address 1a 101 PAST MAIN STREET, MOUNT JOY, PENNSYLVANIA 17552 (E) "Note" means the promissory note dgw d by Borrower and dated DECUMER 27, 2006 The Note states that Borrower owes I.ader ONE HUNDRED TWELVE THOUSAND AND D0/100 Dollars (U.S. S 112, 000.00 ) Pius interest. Bom ww has promised to pay this debt in regular Periodic Payments and to pry dw debt in W ant later than JANUARY 1, 2037 (F) "Pr0Pa*" metes (lee prop" that is described below under the beading "T'msflr Of Right to the Peoperty." (G) "Loan" mass the debt evidenced by the Note, plus inarest, uory prepaymeW chugas sod late chi s a due miler the Note, and all cams due under this Security bowent, plus interest. (H) "Rddcn" roans all Riders to 1615 Setxrity b mhmm that are executed by Borrower. TU folknvh w Riders arc to be 10(twted by Borrower (check box as applicable): g) Adlttbble Rate Rider ? Planned Unit De+relvpmmi Rider ? Balloon Rider [] Biweekly Payment Rider ? 14 Family Rider ? SeOW Nome Rider ? Coadmiaium Rider ® other(s) (sPecify) PREPAY14MT RIDER (I) "Apps oMo Law" mesas all coaholbq applicable federal, state and load stabit es, wt$ daNew, uAmmes and administrative roles and orders (that have the effect of law) as well as 91 apphoWe &W, wi-VpealsbhfiW[ 3a1 OPWM. (A "Can mudly Asseclatien Dm, lefts, and Aaamslmuaab" mans all dues. fees. eois and other churwea that are Imposed on Bormwrr or the Property by a condmdrdam assocLtiao, hmomwaers amciatim or shdw orgetdzation. 09 "Blecironle Fends lk=der" mum any transfer of hods, other than a tranwAoa o ftiaated by check. draft. or similar paper instrhwaW, which is 6ddated dmgh as deckoutc terasiaal, Wtophoullc instrument. computer, or mogoetie tape so as to order, intact. or audwize a financial hodu him to debit at cwt w secomht. Such term includes, but is out limited to, potat-of sale transfers. autowled feller machine transactions. =sin iaWsted by teJaphone, wire transfers, and aotoosated cleartoglhotne (rait5fers. (L) "Escrow Item" meam those items that are described ill Sectim 3. M "Mbodlanotwo ProcWds" Weems my coutpd udw, settlement, award of damages, or proeeeds paid by any third party (other than imcarance proceeds paid ender the coverages davcr bW in Section 5) for: (1) damage to. or Borrows initials: ?? c.• ti 7? h'ENNSYW Femppyy pe}f FOM110 tYtMIF?t UNIFORM INSTRUMENT • MERS ryM,y,plpyy{+cgp farm 3030 01101 Pegs 2 of 17 BKI978PG2776 10/31/2007 17:14 TEL 7175997794 J CONRAD U021/045 desuvco n of, the Property; (if) condemnation or otb w tsidog of all or any part of the Property; 0 coavrryanoe is neu of coademsWon; or (iv) mtrepreamWlom of, or omissions as to. the valo2 sadlor condiffm of the Prcupecty. (N) "Norge havanee" meant Insurance prokc ft I.mder against an nonpayment of, or ddmdt on. the Lou. (O) n%dedle P=ymme means he regularly scheduled amount due for (0 principal and i»terw sender the Now, Pius W) my amounts under Sectke 3 of lids Security Lsstrunent. (P) "RESPA" means the Rent Eabte Sddcmc* Procedures Act (12 U.S.C. 32801 et seq.) and its implememdog regulation. Regulation K (24 C.F.R. Put 3500). as they oWd be amended from due to thin. or any mk tkm d or mccesso,r legWatlem or reguhuHan that governs the same subject mWv. As used b thin Swurky bstrowent. OPMWA" refers to all 111alp imand era' 11411 1 0*are imposed io regard tos "federally related matgtl/e bur' even If the Lose does not gs d* as a 'federally relsled aaortgsga Iom" usder RWA. (Q) "Saeoss w ba Interest rf Boart"~" alesats any party OA has Ruben tide to the Properv, whefbyr at dot that party has assintu d Borrower's o under the Note and/or dds Smirity h0ri neat. TRANSFER OF R10M IN THE PROPERTY T7ds Seam* Instrument seceres to Leader W dw repaynem of the Loan. and all rmewatc. exteaslonii. and modlfi[ntions of the Note; and 00 Me prefora>ance of Borrower's covenants and ilgreemeuis under d" Security lnstrunent and the Name. For this purpose. Betrower does hereby ma rqW, grant said convey to MM (solely as nominee for Lender and Leader's suaaesmrs and aftas) and to Ox succcu ors trod as idgas of MFRS the following described property located in the COUNTY of CUMBERLAND rrAx of RecadWg ]rrbAliaQ W= errRe =ft JarbGCdW SE13 I.B3AL RCN AT1AiW EMM AMID MM A PART BER13OF AS EKEORTT "A". A.P.N.: 39-13-0104-026 whicb currently has the address of 342 AIRPORT RD 19k*011 SHTPPBNSBURG . Pmnsytvaaia 17257 (7ropatyAddress"): 100 MP code) TOGETHER WITH all the Improvements now or hereafter erected on the property, and all essemem. apputieoaaces. and fixtures now or bereaRdr a part of the property. All m7lacemenfs and additions shall afro be anvered by tMs Selxarlty la?nmmt. AB etthe faregoiwg is referred to io th>s Securlty);mtrnmeat as dte'Ptoperty. • Borroww mdersmmb sad agrees that MFRS holds only log d tide to the bbrub pelt by Borrowerln this Security Instrument, but, N semstuy to comply with buw or custom, MMM (as; ntuoam for Lender and I.uderIs sacxnsors and asaigas) has the rM to exendse ow or all of those lrxeresu. including, but not liatitcrA to, the rigk to fomeclose Bunuvmr bddals: Aa- PFN 1-VA NIA-Shame Famay Docangic?ryW SMOV-1im Fannls M.WF ddW laac UNIFORM INSTRUMENT • WRS ,were ?orary pgpl Form 303901/01 Page 3 of 1 BK 1978PG2777 10/31/2007 17:14 TEL 7175997794 J CONRAD [ih022/045 and sell the Property: and to take any action nguind of Lender hrdading, but not HtWtel tar, releasing and cancel ft this Security instrument. BORROWER COVENANTS that Borrower b kwfWly 3ebed of the eswe be* conveyed and has the right to wortgoge. groat and MM the Prgperiy asd that they be" b umactttaben+ed, except for P 1 - -11, 1 F, i of reed. Borrower warrants and will ddwd generally the tide (D the Property against all claims and demands, mbjed to any ancumbrances of recard. TH1SSEClJ1MINSTBUMPXreornbiw -1'formcw4coemalkiruatbmd aasaandnon-aa? covenanlswitb tinftd variatiaas by Jaris icti r to eoastibde a d flul am* instrument covesiog real property. UNIFORM COVENANTS. Borrower and Leader om e=t and agree as follows: 2. Payment afPrinu?mul, Iaa?nt. Beciwwltaas. Prapsyaneat Chaser sad Late Cb:tgs. Borrvwershall pay when due the principal of, and hrhxrat or, On debt evidesrad by the Note and any prepayment charges and late dIargea due under the Note. Borrower shut also paps flamb for PKww hams purmard to Section 3. Payments doe under the Note and Oft Seca ft lutrumest shalt be neade in U.S. caasmt y. However, 9 any tbcck at other bunumtW reodved by Lender asperymeat under Be Note or this Secarky b abtuaent b retarnied to Leader unpaid, Lender my require that say or all subsequent psymem doe under an Now and this Secarity Jastrameot be made in one or moue of the followb g forms, as stdecW by Latter: (a) crib; (b) money order (q) cwditd eked[, book cbxk, traww's check or cL*ier's dmeek, pw4ded say such check is drawn wpm an cram whose deposer an lamed by a federal agency. iashumeotality, or amity; or (ep Ekctrodc Funds Tdramftr. Payments are deemed received by Leader when recrlved at the kestim designated is the Note or at such ether location as any be designated by header to accordance with the notice p mvbi m:n in section 15. Lender may return may paymm or partial payment if ow payment or perthd paymesbs we hmffclpot to bring the Lon curnot. Leader 108dy accW'uY WYnest or dal payer inaadns to *4 the LM aarent, without waiver of any rights keramder or prejudim to its rights to refuse such payment or partial payments is the fidere, but I.dader b lot obligaud to apply such payments at the time sorb p "rota are accepted. if each Periodic Payment b applied as of its s cbedvled due date. than Lender wed not pry inlartst on unapplied Ronda. Leoda rosy bald sod unspoiled funds untO Borrower mates psymeut to bang the Loan taureot. If Borrower do= not do so winda a reasonable pa rw of time, Lender shall either supply studs finds or shun them to Borrower. If not applied earlier, suer finds will be applied to the ontstandtpg inticipal balance under the Note immWkWy prior to fotudo=m. No onset or claim which Bormwe r aught Nava now or in the fWatre APIRA Lander eba>E rellm bwrvwar from making payments due under the Note and this Sectvlly Instr ameat or performing the covenants and agrmmenta secured by this Seem* lnshurm t. 2. Application of Payments nor Proceeds. Except a<s W mwLsa described in this Sectiom 2, all payments accepted add applied by tender shall be applied in do fogfthrg order of priarlly: (a) tammat due udw the Note; (b) piia etpal due =der the Note; (c) amounts due wider Suction 3. Sarh paymmts sham be applied to ench Paaiodk Psymeat to the osier in which it became due. Any nmdnimg amonsls"be app>!ed &a to No eharM, second to awry other amotabs due nsdet this Soxurity h8trum>eot, and tlun to ttdwm the principal balance of the Note. If Lender receim a payment from Borrower for a detia poo Pmiedk payment which lachala a snftidew amount tun pay any late t3targe due, the payment may be applied hn the delhapIeset payment and the late charge. if more them one Periodic Payment b oatasaodhmg, iader may apply any payment received from Borrower to the rtpaymtat of the P010111e Paymenb if, and to the o " I that. rich P*VN W can be paid in W. To the extend that any excess exists after the payment is applied to the AM payment of one or more Puiodic Payments, suck Lv= may Borrower Initials: &a- PR S PWWSYLV 1A-S iarrA{y pyr Farn Is MaslFrodd i ndse UNIFt)IaM INSTRUMENT - MERS rte, Form 3039 01/01 Page 4 or 17 "-7 X 1-97UPG2 779 10/31/2007 17:15 TEL 7175997794 J CONRAD 0023/045 be applied to any late charges due. Voluntary prepayments shall be applied dinar to any prepayme rA charges and then as described to the Note. Any 9plication of payments, auaranee proceeds. or Mamas Proceeds to principal due under the Note shag act extend or Postpone the due date, or chnoge the amen nt. of the Periodic Payments. 3. Funds for Escrow Items. Boamm shalt pay to Leader on the day Periodic Paye now an due under the Now, 00 the Note is paid in M. a sum (the "FRads") to pvdh for payment of amoungs due far: (R) ism Raid atimm:vents and otber items which can slide priority over this Soosr ty bmtrumeat as a On or encumbrance on the Property. (1)1ewdold payments or glowed reola on the Ptvperty, if my; (t:) pfpohms for spy acid air hrta rMnee tegdted by Tender wader Seaton 5: and (d) MartM Immance pr's, ff say, or nary sums payable by BarrmW to Leader in lien of the p of Mortgage burn= p[eaeiums to accordmm wilt the prvvislars of Se cow 10. T bese ikons are called "Escrow hots." At odglaadRw prat nary dme daring the Berm of the Loan. Leader spay troquhe that Conanna ty Assoe3u t toes. Fees, and Asso swv % If my. be era. by Borrower, and std dues, fees and aptagmmts shalt be an Ewmw Irma. Borrower Wrap 09094 firdsiu to Lacier A notices of araeupts to be paid under tbda Section. Borrower 40 pay Lender the Funds for Kuww tows no= Leader waives t3otrorse 's obESMIoa to pay the Funds fart any of an Escrow Mesas. Lnndrr may waive Borrower's obbgptim to pay to Lesuldw Fud3 foraay or d! Escrow house at amen time. Any each wudver usury udy he m wait4g. lie the vvnnt of sacb wahW, 8aerowrnr shill pay directly, when and where payable. the amouais doe fart aW BMW Items for which pRymwat of Funds bas been waived by Leader Red, if l codex rug ww. Ad fiefaislt to Leaden rtwdptr evidencing said payment wlihia each time perlod as Le adermayrequire, Borrower's in, make wench payments and m pravide orders d a for all Moses be deemed to be s coven i sad agreement aontaland In rids Security Lub*bent, as the phase "covewaM Rod agreement" is wed in Section 9. If Borrower is obligated W Ply EWFGW trends d VOC F, porn" $0 a waiver. and Bo V*W falls to pay the aeou d doe for en Eamwirem, I.etrder my owdse its rights under Section 9 Rod Pay such amount and Borrower abd Wen be obligated Radar Sedian 9 to s+epay to Lender any So& amount. Leader may revolve the waiver as b say of all Escrow INSRS at MW then try a Rodeo given in accordance with Section 15 and. upon such revemdow, Borrower Shalt pay to Lender ail Funds. and in such amotmlg, that are then required udder this Section 3. Leader may, at any thee, collect and bold Feuds In an secant (a) suffidedt to peradt Leader to apply the Funds at the time specified under RESPA, ad (b) sot to exceed the maximum unoung a lender me rapdre under RESPA. Leader shall estimate the amount of Funds due on the busts of current data and real g" egimstes of expos tt va of future Esavw Items of dthetwise In acomddbhce vAth Applicable Law, The Funds shall be bend iR an; Insdiu don whose depoddb as insured by a Federal agemy. tnsn'umeaWgy, or e2dW (be JWbg Leader, if Leader is an hatlwm urbose deposits are so Wweed) or in any Federal Home Loan Bw*. Lwder shall apply the Fmub to pay the Escrow Imms ao later than the Wee spoci8ed under RFSPA. Leader shag sot ciiarga Borrower for holding tend wbing the Feeds, =may aoalytg the amm accomd, or vw fylag the Escrow Items. unless Leader pays Bwroww iarttest on the Ponds and Appolabk Law permits Lender 10 make su cb a charge. Unless as Weenent is made in vt Eft or ARM=We Law requires h to be peed on the Funds. Larder shall not be required 40 Ply BOr 0Wof May lalerest or eargho on the Funds. Bmwoverr and Lsndef can W" to wtitln$, bowevof, that inte11e1i shat! be paid on do Nods. Leader shall give to Borrower, without charge, an anawal ateoonlisg of the Funds as NgWn d by RESPA. If theme Is a "as of Funds held b ownw, am dnflmed Mier RMA, Leardtr silt account to Swrowe r for the a mns fords hs accordance WA RESPA. If there is a shortage of F mils bold in escrow, as de mbd under RESPA, up 1W ahortag W accordance with RESby RWA pay to Leuderdw aasoaat necen ay iR make in so mom than lz me** payments. If there is a ddddmcy of %rrvrrer Ldtlal? _ Pudw F r6Varu n?aeF qo, a aoasearat NWe a?iaeJ??edMdlne 1?Tac uN RM tNSTRUWldaat . a reR, , Form 3039 aimi page S of 17 OXI978PG2779 10/31/2007 17:15 TEL„7175997794 J CONRAD Q024/045 Foub held in am w. as dofNod under RFSPA. Lender frail no* Borrower as req*a by RBSPA. and Borrower sbald pay to Leetler the amount nweassry to make up the defidency in ac cwAtocewWt RMPA, but is no more tban 12 Moaft pays acs. Upon payment in fa oral! scats sauced by thta Security bsw=eat, Lcrtder d4 Vmmp8y rdwA to Borrower any Funds bold by Leader. 4. QuIes; Liens. Borrower shah p1q an Wren, assessments, chars, funs, and impwitiorm attryXable to the Propexiy which cu snafu pFI" over this S=dty YnsornneoL kasebw]d paymalts or SMwd nub on the Pro". If It cas,BBo pay diau io tie mm w pro=W Assemme, vided to Sactk3. aV. To die tx?beut tbst these item :us $sraoiw Bonmwer chill prumptly dbc bwp nay Lea whkh bas pticdty over d& Setedty Iastrttment lures Barrawer: (a) Weft to wrWvg to tie p Me t of The obllgptian 0"wed by tie Lea In a asaaaer a bk to Lender, but oniy so W* 45 Borrower is pdrformiag sack : (b) tedMb fbe lien in good Wth by, or ddwds apiew enfortwaartt of the Rea in. legel p,accediV wMeb bn I.aadex's opid m optjga6e t4 peved the !atonement ortha lien wMk (cost pmmdk p are Vtading, but oohr antd meb prosadlags are arotlnded: or (c) seeam from hie folder of tie lien an agreenomt satidactoty to Lender wbun aaft 6; go to (Itit Security Imteunum. if Lender ddtrmhm tint cry part of tie Propeaty is ubjed to s lien widdt as attain pridrlty over this Smft bderttmetn, i.eudW cacti give Borrower a notice idtaMAI the Les- WMiio 10 ds)a *f de dale ea wbkh dot notice b Sh", Borrower Aa satisfy the lien err take one or more of &B act net torch above In this Section 4. Leader may requlrE $orrower to pay a oae-(me tinge fee a cad estak bur va*kation audios reporilrtg rewire used by Lender In couneetioa wMh this Loan. i. Pnperty Insms?aee. Borrower a><n]l keep the fe Wamnatr now etdstte8 or heavafaer erected on the Propetrty kwrcd gpfost loss by Me. haasr b Waded wilt tie berm 'etctatded mvamp." and any ad" ha=& inclu*& (run toot limited to, and qtr dm ad fem. for which Leader mpinsa kmraaa. Tbk Inmraoet shat! be maiattthted in the ttm mW %Wuft dedt d ble leveb) and fiw the period! that Leader requires. What Leader req*" parmm to tie prC oft wsteww tea chop duftg d* tern of the Loan. The itawraact UWrkrproVhft the imunuxt shill be ebosets by$orrowerssb,w k Laader'stisbt b dl?ptrovcBorrowar'adtoleae, wMib rigitsbafi not be vwdsed aareasonsbly. Lender may requim Bmrower to pry, is apnaet doo WMi thb Lose, elder: ? a otie- time dwv for !food zone ddamlnation, ce uhaaloo %W tracking saTN=, or {b) a oie-tinoe aaW for flood Mw ddarmir"m and cudfkzdoo services and nbsmpM dtugea eadt those rtanppiogp ar shailsr ciaages occur width reaio o * might affect sttcb determf*Ww or cetaflcatk a. Borrower *a also be rmpomible for the payment of aay fees lmpose+i by rite Federal F,measeacy Mimtse Mat Agency to coaaec(ost WMb the review of nay flood mac ddwol w6m rte dtlag from an objta ft by Borrower. If Borrower fade to uwfnmk any of the 00verages described above, fader terry obWn b2=a ce coveraF, 4t Leader's option and Borrower's eocpcrtse. Lender is tinder no OW*tdm W Pwvh ere any p vdcabr type or aatoaat of coverage. Tbe"(ore. eaci Coveaage shrdi !over Lender, but ud& at might ad protect Harrower, Bwower's quity in the Pro". or the ooatats of the Property, agphtst cry risk, Masted or Ud ty and *dgk pruvWe greater or lesser coverage dw was p vWuu dy fa effect. Borrower aokaowkdps that the cast or the hmmi tce coverage so obtafaed WOt sWfleeatbr enured the cant of ima mw !bat Borrower e:oald have obaiued. Any amounts dbb nW by Larder miler this Section 5 sbatl beco addleomd dept of Ba mow sewed by this Seos ty loatrnucCM. These amouW shall best interest at the Nate rite from tie data of dlt osemeat and sW be pa*je. with such lotenst, upon notice from Lender to Borrower requesting payo ent. AM insurance polides terdWW by Lender cod raawals of such ptllWu"be n4ect to Leader's risht to ditapprm sorb policies, shall tneiade a Standard mottgsge clause, sad"name Leader as mortpW and/or as as BM"wer him-k: "f - PodwWWAKA-M ?ram?? QOCMWCdpbmw "040* vim Ftnttia M§w%mIdIa UW6w IfWRUMENT. MERS wwW d0?yltapfcmom FWM 3039 01/01 papa a of 17 6K! 978PG2780 10/31/2007 17:16 TEL 7175997794 J CONRO , 0025/045 Additional Ions payee. Leader aball have dw right to hold the pobcIes and renewal eerifficO . If Lender requires, Borrower ftu promptly ghT to I railer all renelpt of paid prendums end renewal modem. UBKTw&-er obrdnt se?y form of tunranot coverage. not otbuawise required by Lade, far dtunage to, or destruft of, dw pboperty, sm& policy shall luchide a standard morigegt clause and Ass name I a mortpW andlor as an additional loss payee. In dw event of loss. Borrower" give prompt noft to dw bwArance carrier mad Leader. I.dndermay make proof of bas if not made promptly by Borrower. UWm Leader and Borm m odd wbe sgrse in *ddo& any h wmaum proceeds, whtdber or nod the nudulytog to manor was regaled by I Ildgr, ,shall be appal to ruMmu don or repair of tie Property, if do remratlom or MP* Is econoddly f s" ad Les*es security is not lead. Daring such repair and restoration period. Lander shall, have the 1%% to hold sorb ig t proceeds sill I, r has had an opporturdlr t0 Inspect emir Property to emtre the work ho been cDugi W to Ltmdc's WISFACtlon. provldod that Mb Ia9 K*m abail be smdermken pnonptly. Lender may dbbmem proceeds Pow the np im and r iW9dan In S $1000 pmymwi a dm a Seder of progress paymmb as the work is compkled. Were aY egteeoent Is made in wrltleg of Applicable Law requira inlrrest to be pidd on sad lmmama proceeds, 14WW sing not be required to pay Borrower any inteett or earnings on such proc?ecAr. Fea for public , or odw bird patties, reltdmed by Borrower ftH rut be paW ow of the instramce proceeds and ahail be the sole obl4mloo of gorrower. lfdw rtwmradw or rgwir b not ec9nomdcnlty fiaaibie m Lettdar's su oa ty wmnld be knead. den irncrance proceeds sball be applied. in, ikt smas accused by ills Savnity Instrw aamt, whether car got tlnst tote, with the escort. If arty, paid to Borrower. Such honanee proceeds shall be applied its d w order provided fen' in Sbdbn 2. If %trower ahmndons the Prop", Lender may f ft. nesotlmte and wick my available Insurance tdelm and reHtad mailers. If Borrower does not respond whoa 3P dqs b a nailer }fop LMWW that do 103w am carrier hat offered to settle a claim, item Leath may ruepdm mad scab the claloL The W*y period wS beglm when die notice Is St m. In either event. or if Leader acquim do properly node Sedioae 22 or odiermse, Borrower hereby eafte; to Lander W Borro*Wg dob ro ncny bsuramca proceeds In cap anteaert not b aroeed the am ousft mmpWd under doe Note or ft Stcu* Imatrnsaw, and (b) cagy other of Borrower's right (tuber than the if& to any refwl of nma srned premhnms prald by Borrower) under all iounaice pads e7gver ft the Prop". insofar as suck dgbts we appb-b h to dw c m%W of the Property. Lender may use tW bwagte pvm6 ddw b repair or restore eke Property or to pay amounts nmpSid under the Note or fhtt Security Dead, w ethor or not then due. C Owspmagr. Borrower sbaB DcCW, establbh, Sad use the Prop" as Borrower's prbdpd residence within W logs miter dbe ertet;mtlon of tbLt Security lamautat and shit codume to occupy the Property as Banwaw's principal residence for at least one year alter the date of occupancy. gales Limits othdwbe agrees In wti ft, which Consent shall not be unreasonably wItUxid, or unless extmmaamg chu manna UM which are beyond Borrower's oonfrol. 1. Preaerrstion. Maktonante and I?rotuxdion of the Property; Ingft-tlons. Borrower shall not destroy, damage or ImPAIr the Propety, Aft the Property to detedorate or commit waste on the Property. Wbedw or mot Borrower Is residing in the Ptapedy. Borrower shall mdweb the propel, it order to pt evew the property Liam deteriorating or decreasing in value due in its cmditiom. tialew it b dederudued pnsumat to Sectlap 5 dust repair or rent nil m is pot eoonmmicaW (=&We, Borrower shall promptly repair the Prop" if damaged to avoid h tha deNd0fatby or damage. If Insurance or cwadenemtion proceeds sae paid in oowrbdton w+Mb dnagge to. or cue pidog of, tine Property. Borrower SW be responAk for re pa" or reffinfts the Property only if Lemdev bas released P far NKbpmPoses• Leader nay dieborse proceeds for the repalsSnd Mbrad" in & stride payment or to a selet of progress payments as the work b completed. If the Inmuce or condeonadon proceeds are not sm)13rieat Borrower InfUs: SIr. ? 1 vF,vwsnvatrea.-S?s F?y Farm MadFieddla fwTac tiNfFORM RWRtrMMT - MFRS FOM 5099 07107 Page 7 of 77 8K 1978PG278 f 10/31/2007 17:16 TEL 7175997794 J CONRAD IZO26/045 to rq)w or restore the Propcoy, Borg aver is not rdkv W of Borrower's obliptioe far rho cosupbxloo of sacb repair or restoration. B B , Leaderor its agent may make rea'no" enh iu &*d doLea f t rrovvu f"SO at the three Lender may hopect the interior of the Improvawnts on the Propr. of or prior to such an interior h pecan sped" such reasonable case. B. Borrower's Laws Ate. Borrower shag be to de fault if, deft the Lean appMeadw p seas, Borrower ur any persons or entitles acting at the dkettion of Borrower or wilt Borrower's knowledge or mraaeat gave materially false. nddeWing, or inaeaoate information or statements to Leaser (or sidled to provide I.asder will, matefial information) in connection with the Loan. Material representalim Include, but are not Wilted to, represeabfions concerning Bonuwer's occ money d the property as Borrower's prirteipal residem. 9. Protection of Leader's bd red In the Property and 1140ft Uadw lids Secarrlty Imtra went. ff (a) Borrower fails to pa rm the cavaoaab and agreements a attuned le this Security Imtramot. (b) t>sm is it lops pnxmdiug did might aiplficntiyaffect Lacder'shrt "indwPropertyau&orrobuaderdisSem*Ia hwoem (such as a p waet! ng in banktupt 7. probata, for lion er fotfelttae, for enbamaeot oof a lloWitch nary attaht priority over this Security Instrument of to a&= laws or re dudes), or (c) Bomma bss abandoned the Property. Men Lender my do and pay for vtiolever is ressanaMe or ? protect vahretot Properly, Ytaperty and fights nailer IIb Sedhlcy hnttaratnt, iachtding pfOebCiing and aewtigg 1md/or reptdritg tie Property. Lander's notions no bd de, bat are ant Baited to: (a) p W tlg nay gams secured by a lien wbkb bas priority aver dds Security l awmenlt (b) appearing In cart. and (c) paying raaandle attolaeys' fees to proton its ht mod In tiaproperty sndlor fights tender tide Security bam mad, kdoling ifs segued position In a baokru" pnnctxdbag. Securing the Property Wades. but is not Bashed to, enteft the Property m wake repairs, eltasge locks, replace or board up doors and window. drab water Sum pipes, e m team bulling or otter code violations or dangewn coadkians, and have adililes tattled on or off. Aldwoglc Lender guy take action under tits Ssctimn 9, Leader does not have to do so and is not ender goy duty or obligatlae 10 do ao. It be agreed lint Lender incurs no liability for not %king any or all adkow and mbnd tender dds Section 9. Any sweets disbursed by Lender odor lids Seftlo p 9"became W610 d debt of Bonower mcaredby nits Security Instrument. Then amounts pall bear Interest at the Nola rate the the date of &Aursement and shill be payable, with such interest, upon notice f7on LeWer to Borrawa retpraatilrg pq ment. If tires Security Iastrvmmt is oa a leadaki. Borrower dMU comply wbb all the pravWons of the lease. Borrowershailnotsurreaderthele adwidestateandinterests bereiaconveyedorlermhoeorcancelthepound lease. Harrower sW tot, wWm)ut the eapr4ss written consent of Lender, altar or amad the ground lease. If Borrower acquires fee tide to the Property. the leasehold and the fee We shall Dot merge emlrss Lender agrees to the magna to writing. 10. Mortgage Iasursna. If Leader requited Mortgage laswumas a condition of making the Lam. Bwmww sW pay the premiums enquired to maintain the Mortgage Insunwoe In dlect. If. for any reason, the hbrtM Insurance coverage requited by Lender awes tD be avdbbb from the mortgop insurer Wat pe km* provided such insurance and Borrower was requited to make separately desipated payments toward the premiums for MCatgwge Lr wane, Borrower shall par the premium requited to obtain covaage subataallOy egWv&IW to the Mortgage Inanarce previously in effect, at a coat su Wlantlally equivalent lo the coat to Unwi er of the M~ hwarance previoady In effort, five an alternate mortgage !taws selected by Leader. If subatauddly equivalerd Maripe inao,rance Coverage Is not available, Borrower" onetime to pay to Itnder the Mount of'lte separately 4WVAled payments that were due wept the insurance cuvvrage cased lo be iM e0ect. Iender will accept, an and notate these payments as a goat-ref m able lass reserve to lku of Mortgage Iaarttanoe. 5ucb loss reserve aball be non-rdmtd: k, Borrower lawab: JL', F'() 5 P JWVLVANUk-Shale Fairly ppcMOafc sw4mv-1,t s FP. M .. A4@ ¦e UNI RM nNSTRUMENT - ME 8 of 17 w w dbomagiC "M Fo BK 1978PG2782 10/31/2007 17:16 TEL 7175997794 J CONRAD U027/045 mtwitlntadisg We fad Ibis the Loan Is wdmakty paid is f1dl, and required anY interest or mrvjnp on mach loss reserve. Leader can no hummer require loss M Paymr if M U by Latherag M coverage (m the amount and for the period that Leader mgvIrQ prided by as ` selechd becomes rvallablt, is obtained, and Lander few" septaIddy de agaated pymrm toward lire preathm for Mortgage Irtanrtmce. If Lawler regshed Mortgage h ormce as a taosdldm of nWft the Loos tmdBorra+w vn regeind to make separately destgeded payments W w" dtt Pr's for Nutt" Iastrrauce, Ba"WerAs]] Pay the ptzmfums m gohvd to mWWM Mart" Iuaoce Is effea, or to provide a mn-rdwdMe loss rtmerve. mill Leaders regtdrement for Murtgage bunrance ends b accordance of ally wMen agreemnat list weea Ba mmeer and bender p mWbg far Poch tembodoo or"itxadhafts is ngtd W by Appliable Law. Notbhtg In lids Sadba 10 vilbeis Bommer's ob ifion to pry bideren at @ad raft provided Is &a Note. Mortgage Imurasce rdmborm Leader (ear easy eWly that pwdmm the Note) for cerhb k mes It awry lncor if Borrower dom not repay the Lours as agreed. Bor wd' is not a pr W to the Mor'tgege lam amcc. Martgagc iaar ms evWWb OwIT total tfsk an all muM fa fora from time to time, and may enter two agreemmts with other patios that share or aWify their risk, or reduce buses. These a nS are on terms and commons that are satt5fktOty to lbe mortgage ins= and the other party (or p melee) to 6= spemmrts. Tbm agreements mq require the mortpgt fawner to make payments slug any source of fa mb that the mwdpge iasarer may have available (which pray Include ftmds obtained from h1mvgt bt61wwz premfrnns). As a mm& of these agrements. Leader. soy Fackt nee of do Note, another fascuer, any P C, any odta entity, ur lay di ldlnte Of any of the . may reactive (directly or batib ecdy) amooab that decivt front (ef migl8 be charactetir+ed as) a patios of Borr uwWs payments fa Mary Issunmft. In err A=v for sbw tg or m0dV Hg tba mortgpgs tower's risk. or nWkdng ]tares. If such ogreemmt provides that a0 dolimte of Leader tdm t a shoe of the iasorWs risk in exclow far it don of the premiums paid to the Immer, dte anang wat is often tamed "captive rdnSO wa." Fwdrer: (a) Any such agreamtttta wo not affect the araemrtr that BwTww has agreed to pear fof 11laigage Iusaramcl. OF 8M athee terms of dMIB era. Such agrasmeate WORM bterme the =WOW Borsvwer' Mid owl fine Mstiz W >amarmom, and they Mid east eWde Buz'awa to ally refamd. (b) Any lath agrecumm s ma sat aft a the ri#br Bs nmw has - ff may - with nqAxt to the Marge bourmem mAm the Hmm0mwmn Px 1 -11, Act of IM or ay ether law. new rto attty iarlado do jW to receive cermia dfadeerdt'es, to regeasst and shish cametBat m of the Merlgove Iftowur- to here the MortygeLmn'ascetardastadaot dra?ady.and/ormrecdvaaseAMtdetfa?rbktVgm mermmmpfeaWtrcts tkat were array AW at At fills of mach asmmumtiow a tsra"atfan. 11. Aadgsnnrtst of NbcdhmmPrersedap Forfdtsro- All Mimmom eoac Pructeds are hereby assigned to and *alt be paid to Leader. if tits Propatyis datoaged, each Miwellaneoas Proceeds sltaU be applied to radoratlon orrepair of die Property, if the resmration at repair Is acommrhwiiy feasible and Leader's secm* is not lassemed. Darfag So& repdr and n slamlim period, Lender shad have due r4V to bold such mkmnmem Proceeds ma Lander has had ma opportunity to luspect such property to emm the work imm been wugddod to Lender's sm badim, pmvlded that such inspection shall be undertaken promptly. Lesdermay gay for the repafm and miom" hr a d*k ditbat a" a is a seeks of p1WW payments as the work Is eom111011d. Usk* an agreeatemt is made In writing or Applicable Lahr ream N tsarist to be paid en mmb MISMIeat M Proceeds. 14m dlt shall am be rl phW to pay %rrowv easy interest or eardags On such 11 oas Proceeds. U the rmioratim of repair is not economically feasible ear Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Secamity Bonvmw inittah: 02;, - E55 PENNSYLVANIA FvWooca4wta aoas+a,ses Fur,ts MmftMratldfs Kim UNIMRM INSTRUMENT - MFRS wove ?t?esr?ia seen Form 3039 01101 P" 9 or 17 8K 19 78PG2 783 10/31/2007 17:17 TEL 7175997794 J CONRAD 10028/045 Instrument, wkgher or not three doe, with the excess, if any, pald to Borrower. Such Mlsaellaneous Proceeds" be VpMed in the oar pmvided for to Sectier 2. In the event of a Iotal bldeg, drsttectloo. or loss la wise of tiro Property, the Mirscellomeas Proceeds dlA he applied to the sums secured by this Security hsshumault, whether or not tires die. with the eze:ess, H any, paid to Borrower. In the event of a partlat Wit, dust roctlon, or loss In value of the Property to wldch the fair =W* voles: of the Property immediately Wow the partial takft de+hac do, orlus is vathe Is egnal to or greeter thu the =mad of the seers secured by tlds Setamity lubmoest tussedlably befin the poild taking, destsvoUm, or iota In vdue, wkss Bomower and Lender odwwlse"in wrlliog, the sinus ==Why firs Security ltahaeotmt slab be eedead by the amaaat of the bU scdluW xG Proceeds rati?pifed by fha fdlaieiog fractious: {a) tie mask Itteoavot of the arena swrared lrwawdid* before the pupal taking, deoh'actloo. or Ines in value Avided by (b) the lW muWvalee of the Property Immediately before the partial %M*. destruction. or loss in valve. Any balance sW be paid In Borrower. In the event of a partial toting, destruction, or loss in vain of the Property in which tee fir motet vdw of the Property immediately before ale partial taking, deAractlon, or loss to value is lass than the amount of the amvo secured houmedlately before die partial OW*, d u, or loss in value. val Borrower and lender otbarwise agree In wrlliag, doe Miscefteoets Proceeds shrill be applied to due sums sued by this Security Imtruuneed wbetkt Or not the same are fleas due. If the Prop V fs abandoned by Borrows, or If: aster notice by Lender t0 Borrower that the Oppooiog Pauly (as ddleed In the next sentence) offers to mWw on award to settle a calm for damages, Borrow ft h to respaad to Levier within 30 days after the date the notice Is gives. Lender is awhatired to coWsct ad spp?r the Mucabeaum Proceeds cutler to restoration or repair of the Property or to die swan mmured by d ds Senuity hatranvast, whether or not then due. "Opposing Party" means the tided psety taut owes Borrower Miscellaneous Proceeds or the putt' MOW whom Borrower has a right of action in regard to was Proceeds. BOnw= shag be in deflel tt any actloe or proeee ft, whodor dvd or aiwhW, is began that, in Leader's Judgment. could r aWt In fwfdkme of die Prvpedy or other mataW iaopeirmant of Leader's lrlta eat to the Prvprvty or rights seder thin Seeu W Iasontment. Borrvww cm an taeeh a ddmk and, ff ao mkratlon bas oc t nd, relesAlte as provided In Section 19, by cueing the action or p mztdiag to be 1is+missed with a ruff that, In Lender's Joismot. Predudes forldWm of the Property or other materiel hapairment of Leader's Interest in are Prlyperty or rfgbts under aids Somally lutrnment. The proceeds: of any award or dde for dumps teat are sWtibntabke to the fmpairrneu?t of Lender's interest In the Prop" are hereby awed and AM be paid to Leader. AB Misc"cman Ploceeft that are not applied to resentloo or repair of the Property shall be applied in the order provided for in 5esdaa 2. 12. Borrower Not Ralease , Fla By Leaoder Not a Waiver. Fattension of the time for payment or modl&ation of amor*Aft of are trams secured by dds Swift InMoneat granted by Currier to Borrower or any Suoceaor in bmerest of Borrower aril) art operate to release the UdAl ty of Borrower or any Successes is lakrest of Borrower. Leader dwH not he regained to asuaaoeace laamdloBs against any Svcoeuor in Iatwest of Bon" err or to rdf se to extend time for payment at oe erwise modify anerdami a of are sons secured by d& Security butrusasmt by rearabn of any deuaaad trade by tie WOW Bermwer at any Svoxssom in hdaut of Ba moaeer. Any forbearance by Loader In eurdsing say rig)M or remedy Waft vAdm t limitation, I.eadtarIs acoeptam of poymea4s from tltrd Peasous. Mgdes or Saaanors in interest of Burnmer or in amouada less than the amount then due, ssW riot be a waiver of or preclude tie e?serclte of any rkgrt oe remedy. 13. Joint mid Several UaMity, Co-dpwm Sew and A&WS" BomW. Borrower and agrees that Borrower's obligations and Babfllty sbaU be Joint and several. However, any Bormwexwho co-signs ibis Sot sty Bummer laitivls' LQ- ?- ll. L 1 Mny i Fan MselFrn ldSe se LINI WrA INSTriUMENT -MFRS WWWAM FWm 3039 01101 Psge 10 of 17 Bit 1 978PG2784 10/31/2007 17:17 TEL 7175997794 J CONRAD 0029/045 j hest mast but does aaot execute the Note (a co-sigfr'): (a) is co-s aiag Seohtritylaatrnment ooty to . $Mtt hand =cvey the eoA per's btierest in the Prouty under the retina of this security I ormacm., tb) is hart Bwmwer con n to exknd, modify, farbtar or mate my "commodoidow witlt rgpW to the terms of dds Secarky inuumeo or daa Note wittiottt the co-signer's consent- Su6Jed tv the piwitdous of Section 18, nay sahxxmotr in lawrost of BomOver =OEM i wawcrr's obd?atioats voder't6ia Security laistrumdpt m vrniting, and b approvd 6y I.eodtr. steal! aitdu +? atf Borrower'srl6ils and 6ameBb msitt this SeCadty Jsstrrunat. Bonawaaidl cunt be relaaaed fins fJarrvwer's ob>lplioshs and lhdt?ty ender rile 5etxaJtdr Insbcotaeat acres Leader agree: to sacs t+ by vrrlMttg. The mvs o is and sgFeearMtab od'dds SeemW u4mmept " bind (except as p mvAW M Secdo u 20) and ban& tie mccessurs and u0ps of Leader. 14. Lena C.'hnrps. trader May cratlpe Beroewer fear for sarvlcespdtfW=W is COn a Wkb Borrower's default, for tk putposv of pvkcft LeAder's interest In the I npesty anti tigbb reader this Serauity bubumeat, i Ww thg, bat act limHW to, dwracys' fees, property bspectlott and vd ache &a. In repW to any otba fees, tie abseum of expanse and ooity to this Secorby lauru ocat to cbartf e a aped8e fee to Borrower 44 'M be 00af rued as a pmbibidw ou the charging of aua:h fee. Lender may sot dnuge fns than are expressdy prohlbW by tics Security Imb mnent or by App&able Law. If the Low is subject to a law which sets ruauimno ban charges, and that law Is malty interpreted so that the merest or other low eh=Ws coUm*4 or to be cotlectod In caamedbn wkb the Lama waxed the pvm*ud bats, tbeat: (a) say such Iwo charge shall be reduced by dw, araoaoht neehmrry to reduce the dhsrge to the peaaaittad Umit: sad (b) any aaaw aite* collected bm Swwwcr wbich caccu ed peraatuad limits wW be rdoded to Borrower. Ltaderaasy choose to make this nsfuad by reducing the principal owed under the Now or by making a dh+ed pgymeat to Borrower. If a refuted reduces pabscdpsi, the redudian will be beefed as a partial prepWom whhow say prepayuaenl charge: (whether at not a prep pyoft datge b provided for under the Note). Barrawer's roc gdma a of any ranch nftW made by drect paymeat to Bonvwrs wM eassotme a waiver of any right u(ac dm Borrower mlgbt have arising out of suck overcharge. IS. Notices. AB antlers given by Imewer or lender in cou ectioa wab this Seem* Inshmmant must be in Borrower when moiled by soar dads mA or when adooXy ddhwed ID Borrows s hwHue address if sent by odwr b mesas. Nonce to any one Bottwer" wmtit:as eofkx to aU Borrmvers Was AppHcabte Law vVeniy aquives odw wise. The nod a address"be the PrupaV Address mtlm Barnum has dedpated a sabsubAc notion address by notice to Lemiar. Bmzvwcr shall prwldy notify Leader of Borroam's d oW of addrem. If Leander specifies a procedm for reporting Bo iww's d=V of addrook ties Borrtwver" only report a chats of eddreas Uutaagi that sp =cued p mardure. Mm* may be only one dea%prAd soft addtens under this Security Insitumew at any roe time. Any notion to Leader shall be gtvaa by delivering it or by aaA%g it by first doss maU b Leader's address stated b wdn carless Lander bas ds armed apodher addrem by aodcD m Bwwvw. Any aodec in coaoecdas with ibis Securhy 1Jfgrument sball ant be deamed to have ban Oven In Leatder until acxaaUy received by Leander. N any a0tice required by rib Seemly Instrumut br also required trader AppUeable Law, the A,pplicabia Low requirement wN sadsfy the cmT spoe tg requirement now this Seemly IssUumant. 16. t; oveaarbig law; Severabi W. Rides of C=WucdmL Tbb Setaadly Instrument shag be Wmned by fedea d law and due ]ow of lbe Ndodlaxion In width the Prop" is b cded. AR fl& and oltligadons aodabood is this Security btaftmat at Subject to nay repkesoepas end Umllatioos of Appbca k Law. Applicable Law aright wcpliddy or impliddy allow the parch to agree by convad or it might be silent. but such slbmee aball not be c ft*u d as a prohNdon against agToMe ht by amtrscL In the event tbsl nay pavvidou or douse of Ibis Sacurity Borrower iaiUalt 9CL? PEiWSYL rA-31W F Ny DoUagra ?L?amo+sAr eood+praa? iannis .,W. e U O INST+ WENT • MFRS wwuacdma up Lcana Form 3039 OEM Pug! 11 of 17 8K 1978PG2785 10/31/2007 17:18 TEL 7175997794 J CONJRAD Q030/045 ltsswwww or ale Note codflkfa with Appliable Law, such c ooMd d uR sWt aff'edt odw povb bet of tbb Sec aky Yncrmnmt or the Now whitb cra be given dFed wltboat the co g prutvbiou. As used in tyre Security Dent: (a) words of the mooffi lb gesdw dmG meow and include cm typoadirtg neuter words or words of the finds due gemdw,, (b) words In the doph ' shall mead and i ds& tie pbaal m d vke visas; ad (c) the word 'mW gives sole disrledaa wMboot nay obligatdom b tuba sty arm. 17. Borrower's Copy. bonvwer shalt be given an on of to Note end of dk Seem* laairwoeot. 18. 1Yansfer of the PnVerly or a Boodkid Worm in Bornwor. As weed In dis Swdoo is, 'bttmm In the Property" news avy legal or bew&W ht red is the ho", iwcbdbog, but ant lbatited to, ame benewd latsrests bassfund In a bond for decd, wntrad for deed, htahlt amW sales comas t or emew spewacat, the bled of wMd br the under of this by Sorrowar at a fWare date to a pat+cbsec. If sH of nay part of the Propariy or any lowreet to the Prouty is sold or tryraaf nod (or ff Borso ftr b: not a nawnd person and a beoe ftchd b teneu in Borrower is sold or transferred) witboat Leader's pion writtae convent, Leader may require immediate payment in fuH of all mm recwW by aids SecwrMy b oo mwt. However. this option sMU rat be a w;bed by Leader ff atteb exuclse is probibaed by AppBcAk Law. If Lander uardses Us option, Lender "gave Bmtotvef m6ce of acakralton. The nonce " provide a period of" lees than 30 days bow the date the aotke is given In accordance wits Seelton 15 witbto wbdci Bonower mast pale all stets secomd by lids Security lrrsdtument. If Banvm bb to pay these aamn pion to the a q&Wos of this period, Lender may bvoite any reimedks permitted by this Secadly lootromw wWom feather soda; or demand on Borrow. IS. DWrv*W's W& to Rolutdo ABer ACClle mdit. If Borrower weft outdo coddWoos, Borrower ilWi bave the right to baive eabasnew of this Swority bsirguow dlKownwed at any dw prior to the e6riled of.. (a) five days before ale of the Property pursaaw to my pw wbr of ode oswabW in Uda So u ft InobwN+ g, (b) so& other period as Appbcabb Law might specify for Om termlttatlon ofBorww w-s d* to rebasooo, or (c) entry der ludg red eafort:bog this SecwW brstrnuouL Those a nsdoos are that Bummer: (a) pays Leadrs di hums wbich then world be due wader this Sftsi ft hobvnew and the Nola arm acco at no hod ooptaed; (b) tares nay default of any older c:Dvedalil,4 or agremmts: (c) pays all atpeaw s hwvr ed in ohmbg do Socodty?Inafru ntot, bdadtng, but sot ]biped to, nwouabie a ow-w- ys' fiv s. FGPttW bRW; iao sad vikmdow fens. sad odber fns iecsrred for We Purpose of plotecaft Lender's tOWe d in the Property and rlgitb woer tabs Sono ty? bmttAtmmh and (d) raters sack my Inv bw MW lad Bolrvwv s oblipWon to pay 00 snow nceredby dds Secaft le ea t Lender may rogtdre *M ?Boaawar pay sw.b reb uUVmmd same and in om err more of the fbUuwlpg facets, 6s seloded by LcMder 14 adh; (b) coarey order; (C) estflfled l?leCl[, bola dwxit, U?eastira'sdwdt of cstslfer's deck. provided any such check is drawn as htstku" wbose imp c Mi arr:bawdted by a feduW jgeaty, My or, etdtty; or (d) McWa do Poole 1hndtr. Upon rdado emaatby Borrower, thaw Swstritybgn m m and obHgaWm wasted bt,+by sl all muln full effective as if no aefthrodon lad aoca nd. However, this right to reh tote shW not apply b the case of semehradm under Section 18. 20. Sale of Note; Chanr d Leah Sl War. Notke of Grievance. The Note of a p dW ituertst In the Note (togethot with this Secutlty lostrwow0 can be sold one or note tines wubw prior noft to Borrower. A sale might MA in a Change to the entity (known ae the 'Low Servkw,) fist coats periodic Payments dne under the Note and this S0co<tty lastro mal sad performs ether mortgage bar a Vkltg obis share wader the Note, ryas Secarlty Instrumem, and AMHtable Law. 7km 6180 might be me or lace dwiges of We Lou Servicer verelatd to a sale of d* Note. If there b a change of the Latin Servlotr, Borrowerwill be gWon written coUce of the cb&W whidt will state the name and address of the am Loan Swwcer, the address to whkb paymoats sboald be madeaad soy other Borrower Iafttols: _ PENNSYLV F poeaarpto w ?ans?a rarz Fawn MWFWanov uNW RM INSTRUMENT - MFRS yM Form 3039 01/01 Page 12 of 17 BK 1978PG2786 10/31/2007 17:18 TEL 7175997794 J CONM Q031/045 iaferrtprtlolo RES3'A requires ib ooooecClat with a ttotioe d b of suvi ft. ff the Noe is sold and dWeW er d* Lout is servkrd by a Loan Servlaer other tbsa the parchmm of the Noe, do coo 4W lau swvft obbgatm to Banorwer will remiab wink the Loam Setvicer or be hammed tom succeator Lou Serlritier and we not ttasamed by the Note I - Asset ar udesa odwn dse provided by the Nose pas kvw. Neldw Eorrowernor I,andd may mmmmm, joie, or ba,)olu d to ny jWidal action (aa either m iadivhbW bdpat or die member of a dm4 that xdm Rota the other paq'a atdlous pu imA todds Saroatity pr+ wmium or that p" ocow by now 4 db smoky bakumm. u oa bBo aorv?rai,e?tderbaatb Wikotherpmty (> ? ? notice" is COmW t mw* r gWmmeab of Section is) of mtck dkged had and Wlaaded tae odwr platy bomb a tenon" pdud W hr dw ghlag of sock notice to tote corrective %dou. If App" lAw p mvldao a than period *&k h aw dalm bafoto nxrtais mcdom an be Oka, tact dme pa+rlod w9I be deemed to be remooMe for pompom of tbit para0 1'. The notice of acc4audm cad oppwtmity to ace givo to Besfvwtr pit =wd to Section 22 mad nice Latina of mccd iadm given b $or:vwerprrswmt taSeaGaal8sha31bedemoedtosmWfythemtlca and opporb?mdtybtakn earndive acfmn pwLOoas of ibis Scotian 20, 21. Hasardso Snbsumm. As used in t}ds Section 23: (a) "Hazardou Subatmacme we drone atnbsfaneea detlned a acetic or :atbataacez. pollubtttta, or wastm by Favk= *nW Law ad the foUwa* aebtaamces: gasoline. kerosene, ether 9ammaNe or toxic petroieasn products, tatdc padddra and herbicides, voLllim aolvuts, reOmikh costa *g mabtstoa or fatmai kk*. and raft sedve mdtrbbt (b) "FatvhaemWal Law" =am federal L-" cad laws of the jfubMalon wbem tie Aop"b located that retie to health, &*ty or anvhnm mod protection; (d "SavfromaeaW Clow ' includes any respoaee action, remedial action, or removal action, as dd bW in Eaavironmeotal Law; and (d) an "EatvfraaumW Condition" means a common that an capes. eoahlhate to. or odwrwfse trlggor as ErAm tm obd Ckaoap. >lorfowns ddl cot case of permit the pnmmm, in. disposal, a mvp, or rehano of any Hamdons Sub* mm. or thnalan to ml eme any Iiaardous Subsbaim, on or is the Property. Botsawer abdl ninon do. nor allow mayou else to do, mnylhiag affeeft the Property (a) amt is in vleioon of any Emiromoe W Law, (b) which creates an EnnrironaneoW Condition, or (r) v4deb. due to the presmca, use, or release of a Hasty iew Sebataactie, anm a condition fiat adversely albs t tke vahne of the Property. The pending two Saotsaoes OA not npgj to the presence, use. OF Storage OR the Property of aural! qumugtka of Hazudmts Sahsd=a that core saw-My remgdmW to be appropriate to tt mW raddatial um and to m ktmmm of the P,operty (tnc , but not l m*W to. hazmrdoes mbsbam iu cmaemer prodaets). Borrower shall FINVOy ON Leader written notice of (a) OW invedWm, cWm. dmmad. bwsuk or oiler action byany goverammin! orregtWary Wacy oprjv&to"hgvob" IkFopertyaadanyllmrd WSvbamoce ar EevireameaW Law of wbkb BWAVWW tat acbotl btowiedde, (b) gW EnM V0MM*d CooditMoa, Iscleft but not BOW to, may Wahl & b mb*g. discbmrge, rakm or Wet of nkm at any Hazudeaa Sltbalam. and (e) any a mildom Caused by tine p imm. in or rtkm of a Hum *u Substance wbidr Wve aeiy aUbm the vakn of eke Property, if BonW" tenons, ar k WOW by amy govetlt *0W ar npbll 1y aullnoaity, o my ydVam pmrty, that say n=Md or other rMed odm of toty HUUAMst Sa gbgtx M, -- the troperty bb n C"Wy. Borrower akaU FmMOy take mil racy remedial acdooa lua< mWaaoewill Eafroomeatn! Law. Nod tae herein sW cm t my oblIption an Leader fbr mn Hvkauamaml Clamop, NON-UNIFORM COVENANTS. Benewer and Leader tonics; covemi cot and agree as follows: 22. Acmkra&n-, llama ilm. Leader d a !!* aetlcc is Bo nww prior is scakwaallm l`Amdag Sorrammelbrcadtafamytevessatarapv mestiathinSexrWhmb=mst(ut baotpH" toWeek AleaUnder a0mawer Daub; c PENNSYLVANIA-Saute Famlv pa?C?? aww&v u Farwia Mae/Froddfa WC UNI RM INSTRUMENT - MERS Form 3039 01101 Page 13 of 17 SKI978PG2787 10/31/2007 17:19 TEL 7175997794 J CONRAD Q032/045 (cr dafaa ? the a+cti, - se pind to cum dw dew (cj rte dbGo* awst be could; aid ( t rely flu dud by this Setmrtty Inritataaest. fir+sr]oseu>r by?dlcW srel ode of of ow Property. LdsdasabsllllartlteriefaetaBarrrawec attire ? is ram atMr acasaratbs silts rite ? a aeradttL the 15dcadaerma p+aeee4bea fire at-athteaee eat a ddEts k way ptber 4efeaoe of Baasnwer tsaowleretwo m d fwwks M. If ibe ddWa is last coral a pecmw, at Its gpd" Ia ?t etwtfnrt Bete dstltdioa?naeee>rrsdWSS&us*ylwtrwawbyjaftW, Leader sbllltbe a 1a eaRect r0 +e?tpeasasiaesread b partrda? the raaaeiiNe M+rwi?dad is Libi. Se+dtas i2. bat vol lambed te. atf wse7s' fasa Mld 00 Of Ole 410b ace to the alto pwm tWd by Alpha tam M Rakmae. Upon pt MNO Of & maw arced by dds Secarify Ir 1, this Seclarill? Witmsent asd dw eim CM VW sbaa tmtr bs a seal become "Id. Alidr swb occarremm, I,e»der d a dbthav and abler 6b secadty cemdrr. Borrower pay soy rooetdstlas costa, l.cader nw ci f $orrmw a Dee far rdembg d& Semby bdmwe*, but o* it fie to is paid to s tided prty fbe savieua loom ad sad Lira c8raft of the he is pamMed made Applicable Law. 24. Wd"n. Bmrvwer, to at retreat pazaitldt by AppNW* taw, waiW" and t+eleesea my War or defects is pmmdinp to eefotce dtis Secariry bummeat, rod hereby waives the Ww& of aay p vmw or tidomo Java provtdtn$ i6r stay of eetewtioe, cxbM loo Of flmo. ezaapthm from attacbmemt, btcy od sale, and ho nbW exempfioa. 21 Rdmteftn eat Paiod. Barra ww,s time to rebuUM pe+ovided in & mom 19 shad attend to one horn prbr to the mot of bWdiog of a ahwlWs sate or other sak parsaaW to dris Setm ay hots meet. 25. Forme Morey Inc. If say of the debt sacwed by this SO Mriry ILL ig feet to Borrower co acquire tltie M the Pcopedty, this Seearlry Iasfrm M"be a purl tge money anortgW. 27. b t to d Rate After Jsd6mertt. Bwrowerr sgnm List the iWdrat rate payable aftdr B jWpnew is catered an the Note or in as acdm of mortgage foreclosure shalt be the rate payable from time to time rte der tie Note. Barrows wus JQ... _r.]. Fwwga Faddy Mac UM F6RM INSTRUINENT • MERS ?F D OW& Form 8039 Q 1 /a7 Page 14 or 17 straw S K I 976PG2788 T-' 10/31/2007 17:19 TEL 7175997794 J CONRAD f X1033/045 BY SIGNING BELOW. Boerowtr acMM rind agrees to tau tenor and t oVamts moos ad in tbis Stxt * Insou=* and in my Rich emmoted by Bommer wW recorded with it. rows Dp R S F"NER -Borrower W?- ? (W EI ,EN B SWFWM -Borrower _ (St.#i) -Borlowwer (SW) -Bonovior -Borrower (Sao -Bommv Witness: 1Alitom WILLIAM G. P INS WILLIAM G. PEMNSYL1/ANIA- ? F.n.M M WFredM. FU-M% M IMSTRUMENT - MFRS FwM 5038 01101 Pepe 15 of 17 .a&WPOW BK1978PG2789 10/31/2007 17:19 TEL 7175997794 J CONRAD 0034/045 COMMONWEALTH OF PENNSYLVANIA ) .) SS: COUNTY OF CUMBERLAND COUNTY ) On d& the 27TH day of DECEMBER, 2006 , before me, WILLIAM G. PERKINS the w?dastftd Off[=- p Y appeared D0U(3tJ S E SMFFNER, ELLEN B SHAFFNER known to me (or satisfactorgy proven) io be the petsw(s) wbome name(s) htut xkwrW to dw within instrawxi and acknowledged that be/she/they end the am for the purposes therein anitbwd. In whom whwoof, I hereunto set my kW and *Mdal Scala,. we r4flink MBM" pudare 7"K -.01 eart, liin& am* ftk ?Ntli wi"x M c. PERKYNS,NOTARY PUBLIC Mtk of OAioer My cmwdaim expires: DECEMBER 24, 2 009 PENWnVANIMSWe FwW?y 000000c tv"s Fannie M&wFnmw* Mw URUFORM INSTRUMENT • WtS Mil Form 9039 01101 Page 18 of 17 8 1978PG2790 10/31/2007 17:20 TEL 7175997794 J CONRAD Z 035/045 ,+?..•,• of ?tseide oP Mort?e The ands dyed hereby cerdtYes do: 0) he/she is die MAW or d w ieoA wbxd am"" or "otl dw M d in Ow within %W w"; rad (R) Marl's ped" 101 EAST W N STREET, M0= 30Y, PEWSYLVAW:rA 17552 WNDW my hard this G'l t% dRY of 'DI C.4,rnV 200 (o gam, a Hio.e?ee'r ?? A ?ua?y °? 7ypeorPdrt otiNaiNA am IMSTRUMENT - WKS " 17 of y BK 970PG279 f .... r........................ ...... I ' . www.Ak?+.giC.ao?' 10/31/2007 17:20 TEL 7175997794 J CONRAD Loan Number: 0 6111.5 0 0 3 0 Date: DECEMBSR 27, 2006 Property Address: 342 AIRPORT RD, SHrppENSBURG, pENNSYL'VANIA 17257 EXHIBIT "A" LEGAL DESCRIP71ON All those two terrain tracts of land situate in the Township of Southampton, County of Cumberland. Pennsylvania, known as 342 Airport Road, Shippensburg, S0utbau;`t0U fowashiA Cumberland County, Pennsylvania, bounded and descrt'bed as follows' TRACT NO. 1: BEGINNING at a point in the center of the Pine Road at cm= of land now or formerly of Larry Rosenberry and Gloria Rgmur eery, his wife; thence along the Pine Road in Eaatwardly direction 100 feet to a point in said road at land now or fonmeriy of Scott Wolfe; thence at right angles to said road, 150 feet in a Northerly direction along leads now or formerly of the said Scott Wolfe to an iron pin; thence in a Westerly direction and parallel to the said road, 100 feet by land now or foruredy of Scott Wolfe, to an iron pin at courser of land now or formerly of Larry Rosenberry and Gloria Rosenberry, his wife; thence in a Southwardly direction add at right angles to the aforesaid road by land now or formerly of Larry Rosenberry and Gloria Rosenberry, his wife, 150 feet to the place of BEGINNING in the aforesaid road. TRACT NO.2 BEOD44I iG at an iron* at conger of lands now or forrattly of Larry Rosenberry and Gloria Rosenberry and land now or formerly of Aura M. Keha; the= dung land now or formerly of Zany Rosenberry and Gloria Rosenberry, North 00 degrees 20 nsanites West 135.8 feet to an iron pin at lands now or formaady of Tarry Rosenberry and Gloria Roseabc:ry; thence by Rosenberry land, North 89 degrees 05 minutes East 1 DO feet to an iron pia at lands now or formerly of Scott Wolfe; thence by lands now or formerly of Wolfe, South 00 degrees 20 try West 138 feet to an iron pin; thence by other lands now aQ formerly of Anna M. Heber, North 89 degrees 40 mizates West 100 fcet to the place of BEGINNING. Being that same real estate that Roy I£ Bailey and Patricia A. Bailey, husband and wife, by their &ad dated July 09, 2004, and recorded September 21, 2004 in the Officc of the Reom der of Deeds in ad for Cumberland County, Pennsylvania in Deed Book 1881 Page 2225, granted and conveydd unto Douglas E. Shof1=, in fbe. Being Parcel No. 39-13-D104-026 16036/045 BK 1978PG2792 10/31/2007 17:20 TEL 7175997794 J CONRAD MIN: 1004195-0611x50030-1 Loan Numbers 0611150030 ADJUSTABLE RATE MER (USOR Sox-MmM hidex (As ?} ? MW Scut Jownw# THIS ADJUSTABLE RATE RIDER is made t6ts 27th day of DECO MER, 2006 , and b la wrporated No and *ali be deo ned to amend and supple= We Mw%W, Deed of TfrW. or Sam* Deed (So "Secarity Iaettonww") of the =a dale given by tine i8osmree) to ware Borrower's AdjuaW k Rtee Note (the "Note") to HOMR TEAM FINANCTAL, LLC, A LIMITED LIABILITY ("I.aWW) of the same data wad cove iq the pfd" dma2W is the Sassily bout ant owl locates! at 342 AIRPORT RD, SHIPPEDTSMMG, PENNSYLVANIA 17257 ftdp ,+y Added THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN TIM INTVRM RATE AND THE 1M K)hM iLY PAYIMIPNT. TEE NO= LWM T= AMOUNTBORROWER'SIIN1OtTr RATRCANCHANGSATANYONETEMEAND THE MAJC MtIM RATE SOMWRR MUST PAY. ADI)MIONAL COVR[NAN'I'S. In add aw to d* eoverrarrts and agreemarts made In the 5etsoW In Uummt, Bowywer and Leodcr fsuther cove mt and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provMw for an mitt! taberea rate of 6.950 %. The Note provides fsu dwops In the interest rate aad the monthly paymmta, as Wows: 4. WTEREST RATE AND MONTHLY PAYMENT CHAN= (A) C MW Data The Interest rate l will pay may chuge on the 1st day of JANUARY, 2009 and oa that day every6th month t mmfier. Bath date or whk* ray tntervk rate eoald duage k cWW a "C),ange Pate." (B) The Inda Beginniag wick the first Change Date, my Inkm rate will be based *a ao Index. The "Index" is the average of interbank offered rams for six wootb U.& sbaalar maied de xWb to the Lando market ("LIBOR"), as publisbed in II#e Wag $tredJowrnal. The son rs:cat Indeat ire avail" as of tke first busiow d*ay? of the month boneft* p umdlog the ta" in which the Change Date occurs h cabd the "Corroit bdez." If the Index is no longer available, The Note Holder will tdwow a new tint is band upon coogwrable information. The Note holder will give ma *aft of tills shoioa. Fom+ Pegs I of 3 rrw'w.d*Mwfilr~cony 0037/045 BN 1978PS2793 10/31/2007 17:20 TEL 7175997794 J CONRAD (C) Calcmb dW of Clha w Before each Cbeage Date, the Note Holder ww a dadote my ?'inured SIX AND 950/1000 perceatagepnwls Index. The Note Holder will thmt rand the result d his addition to the sand one4406 of am povamp paint (0,125%). S*ed to the limits sb ted in Section {(D) blow, this rwwkd amamtwill be my sew lamW rate udil the next CbmW late. that would be au?iadtat b The Nate Holder wilt bran determine the mom of the tna* paY? wn at doe Chop Date in W an dw Mom* Dde at my rqW ow Ithe unpaid in abp wbstrl that I ewin q expiated to n new nuereat raft is aatially exlaal payments- 11e resO of this cdodadue will be tk new Mount of my mooft paynrmt. (D) Liodh an Interest Rate Ch "B" The isterest vale I ads required to pay at the first Change Date will amt be greater than 9.950 % or less than 6.950 %. '11tet+eafier, my hared rani will never be hotesed or decreased on any single Change Date by more than ONE AND 000/1000 I have been paying for the pureed ug 13.950 96, percentage paints ( 1.000 %) Ham the rut of Intend 6 months. My interest rate will Wiff be greater than (E) Bfit'rratde+e Date of Chi My new W6erest rate wild become elective on rack Clwsge Date. I will pay the MOW of fay new monthly payment begloubg on the tlrst monthly psynxW bate after the Change Date until the amoud of my rnootihly psl+med oaar$ agrdo. (? Ninth ed Cf?s The Note Holder will deliver or mall to me a natke of any changes to my iderest rate and the amount of my n wu* paymwt bidden the effective dak of any &agge:. The ¦od mm will flaainde ldorsaathm required b kw? ? the a the title asd kkptwsemod) r of o peas , who wM vw%ver day grestioae I may B. TRMSFER OF THE PROPERTY OR A BEHEMAL INTEREST IN BORROWER Uniform Coveaaat 18 of tine Se cw* bsstruamm is amended to read as follows: 11rander of fire 8r+aperiy ehr a &Ahdldsylatrszat f M Borrrrer. As used br this Season 18, "luteresl is the Property" mesas any legal er bend kW inaeat in the 1'ro". bwkdb , but not hinted to, those bdeesfkW interests UwWbrM in a bond for dead, amend for deed, WW[meat sales c mhw or escrow agreement, the hum of which is the trawler of t* by IlorrawW at a Mm date to a parchascr_ If an or any patt of the pro" or any I was in the Property is sold or hinf coed (or if Burrower is ant a natural person and a beaeficaf lateest to Burrower is sold or traasfesr4 without Leader's pr1or wilve t consent. Lender may require immediate payowd in fall of all sums secured by this Seca ft Imtrumeut. However, this option dmO nal be rzutbed by Lender if such exercise is praWbited by Appkable Law. Leader also shall ant worise this option If, (a) Borrower causes to ba submaed to Lander Wbrmat on requbvd by Lender to evaluate the Wailed transferee as ff a new loss were being wade to the transferee: and (b) Lender reasonably determines that Leader's security will not be itnpahesd by the loan ft.m r WWs: 09j --,El _ 31331101 Pays 2 of 3 UKI978PG2794 IA038/045 10/31/2007 17:21 TEL 7175997794 J CONRAD 039/045 anumption and tMt. the d* of a breacb of any cove UM or agressymi In this Seaurlry Imbue mt is awoptabk to Ireo& - To the rafter parent by Applicable Law. Lender may dm v a reasomble fee as a condition to Lm dc's tmtent to the lom as$=WdOn. L War also may require the O=Skree to sigh as pmmi Iem a the Now and b rids 5?octuily burr mmL ' to keep all the protnlses sad agents mWe in Borrower wiO t to he obugated wider the Note and this Secudly Ittsbmmd mden Lender relea m Borrower in wddog. If Lender ecmdses On option to require busediate payment is (On. Linder siWl give Borrower nonfat of acoderatioo. The nodee sbail provide a period of not ku mbar 30 days from Ow elate We nodca b ghtsr, in acoonhme wilb Sectiom 15 w!t>dtt wbieb $mrrOwer matt pay tbase mm pW to the expiration fo this periWs Seam* bmuammt If Bormm od Lcuder ra q? iavoko my rooWles ? to pomdUed by this Scup rity Ittstrunust wdnd Avdwr nodca or demtotd om Bonewer. BY SIMaNG BELOW. Borrower accepts sad tlgroes to the terms and cmamis aon lmA in this Mastable Rate Ridm Ard<%, --- - (sue DOUG E FNER -Borrower - (seal) -Bonwror OnK 1Q4A-A P"D ELLM S SWMER .fir (se* -Bomrwa (Sari) Borrower E? -Borrower Pays 3 d 3 BK 1970PG2795 10/31/2007 17:21 TEL 7175997794 J CONRAD PREPAYMENT PENALTY RIDER Loan Number.061115 003 0 Date:DECM4BER 27, 2006 Borrower(s): DOUGLAS E SKAFFNER, ELLEN B SHAFFNER TMS PREPAYMENT RIDER (the Wee) is made this 27th day of DECSIGER 2006 and is incorporated moo and shall be deemed to amend and P"lememt the Mer%W, Deed of Trust or Security Deed (tie -Secmily Wm wAnt-) of dw same date Vven by the WkcdpW (- -) to W M repgmetit of Borrower's promissory note (the -Note-) in favor of HOME TFM FINANCIAL, LL (-Leader-). The Scow* Instrument encumbers *a Property more sped8tally deseribed In the Security Instroatmt and located at 342 AIRPORT RD, SHZPPENSBURG, Pls'WSYLVANIA 17257 WMPerd Aditad ADDMoNAL COVENANI3. In addition to dw covenants ad agreements made In the Seco ft Instrument, Bonwm and Lander fiutba r covenant and agues as follwrs: A. PREPAYMENT CHARGE The Note provides for the payment d a p repayment dm p as follows: . BORROWER'S RIGHT TO PREPAY: PREPAYMENT CHARGE I have the right to make payments of Prindpal at any time befm they are due. A payment of principal only is known as a -Prepayment." Wbeae I anise a Prgwyaaeat. I will tell the Note Holder in wriWtg flat I am doing so. I may not deapate a payment as a Prepayment If I have not made all the muddy payments tote under tie Note. Tito Note Holder will use my Ptepayme t to a edna the amonot of Principal that I owe under the Note. However, the Note Holder may apply my Prepayment to We accrued and ut op dd interest an the Pmpaaymentt amount, before applying my Pnpsymeot to reduce the Principal amount of like Note. If I malls a partial Prepaymeut, there wilt be no cbanM in the due dales of my mo** payment u lea the Note Holder agreas in waft to those changes. If Cite Note contains provisions for a vulable ? ? Date ? may redwx cite amount of any mooddy payments arker partial Pr errant. Humver, any reduction due to my partW Pftpaymmt tarry be *Met by all interest rate increase. V this Note provides for a variable blerest rate or ftna" charge. and dke interest rate or inane charge at any time ow4a h the leo Banat under wbkh a Prepayineat penalty is allowed, then cite Now Holder's 4#4 to asseas a Prepayment penalty will be determined minder applicable law. 04130,1044 AYMENT PENALTY RIDER Pays 1 of 2 0 ? 6Kf 978PG2796 Q040/045 10/31/2007 17:21 TEL 7175997794 J CONRAD 4041/045 • If wt" TDIEI+7TY - FOUR ( 24 )months tam the date of teadom of the Securhy Irim meld I mane a fall paymtot, I will pay a p mpsymml clw V b an amount equal to FIVE AND 000000 perceAt ( 5.000%) of the arch mg Mudpai ow" of die Lon." BY SIGNING BELOW, Borrower Accepts and sprees to the terms wW parlatoaa wftJ ed in dds hider. - (Sao DOUG E SHAFFNER -Borrower 9151VII16 Q (Sea() ELLEN B SHAFFM -Borrower (Sari) (Sean -Borrower -Bonvwgr (Sao 0024 -Bommw -Boa X Certify this to be r?^?_ ? ,? * w P"2of2 Recovier o f T-"--- BKI978PG2797 10/31/2007 17:21 TEL 7175997794 J CONRAD 10042/045 CUMBERLAND-FRANKLIN JOINT MUNICIPAL AUTHORITY, Plaintiff V. DOUGLAS and ELLEN SHAFFNER, Defendants IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA MLD NO. 0i- : MUNICIPAL LIEN MUNICIPAL LIEN Cumberland-Franklin Joint Municipal Authority files its claim in the amount of Five Hundred Eighty-three and 60/100 ($583.60) Dollars, plus costs and late charges of One Hundred Fifty and 50/100 ($150,90) Dollars, for a total due of Seven Hundred Thirty-four and 501100 ($734.50) Dollars as of August 9, 2007 and sets forth in support thereof the following: 1. Claimant is Cumberland-Franklin Joint Municipal Authority, Cumberland and Franklin Counties, Pennsylvania, with its principal office located at 725 Municipal Drive, Shippensburg, Franklin County, Pennsylvania, 17257. 2. Douglas and Ellen Shaffner are the owners of the property against which this Municipal Lien is filed and whose last known address is 342 Airport Road, Shippensburg, Cumberland County, Pennsylvania, 17257. 1 The property against which this Municipal Lien is filed is all that tract of land with improvements thereon situated in the Township of Southampton, County of Cumberland, Commonwealth of Pennsylvania being known and numbered as 342 Airport Road, Shippensburg, Pennsylvania, 17257. 4. The authority under which this Lien is filed is the Municipal Claims Act of 1923, P.L. 207, as amended (53 P.S. §7101, et seq). 5. This Municipal Lien Is filed to secure an interest for unpaid sewer rents levied, assessed or established for the period through June 30, 2007, 10/31/2007 17:22 TEL 7175997794 J CONRAD X1043/045 1 6. The sewer rentals were duly established, levied, and assessed by the Cumberland-Franklin Joint Municipal Authority, being the lawful authority for doing so under the several Ads of Assembly of the Commonwealth of Pennsylvania which govem such matters, and were levied, established and assessed for the purpose of providing sewer service to the properties of said Township. WHEREFORI: for all the above reasons, Cumberland-Franklin Joint Municipal Authority hereby does place a lien against the said property in the amount of $734.50. Respectfully Submitted TORO LAW OFFICES Amp el Uarw Richard KocA, squire Authority Solicitor 28 South Pitt Street Carlisle, PA 17013 (717) 245-9688 10/31/2007 17:22 TEL 7175997794 J CONRAD Q044/045 CERTIFICATE OF SERVICE I hereby certify that I served a true and correct Dopy of the Municipal Lien, upon the defendants, by depoelting same in the United States Mail, first class ma11, poswge prepaid, on the 9th day of August, 2007, from Carlisle, Pennsylvania, addressed as follows: Douglas and Ellen Shaffner 342 Airport Road Shippensburg, PA 17257 RESPECTFULLY SUBMI'T'TED, TURO LAW OFFICES 28. South. Pitt S#met Carlisle, PA 17013 (717) 245-9688 lU# 52956 Im045/045 • J CONRAD 10/31/2007 17.-2222 TEL 71794 p xm cr- c ?- L SHERIFF'S RETURN - REGULAR CASE NO: 2007-06850 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS SHAFFNER DOUGLAS ET AL DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHAFFNER DOUGLAS E A/K/A SHAFFNER DOUGLAS the DEFENDANT , at 1608:00 HOURS, on the 30th day of November-, 2007 at 342 AIRPORT ROAD SHIPPENSBURG, PA 17257 ELLEN SHAFFNER, WIFE by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge/ Sworn and Subscibed to before me this So Answers: 18.00 r 20.16 .00 10.00 R. Thomas Kline .00 48.16 12/04/2007 MCCABE WEISBERG CONWAY By j d (.lrY? --? , day Deputy Sheriff of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-06850 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS SHAFFNER DOUGLAS ET AL DAWN KELL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon SHAFFNER ELLEN B the DEFENDANT , at 1608:00 HOURS, on the 30th day of November-, 2007 at 342 AIRPORT ROAD SHIPPENSBURG, PA 17257 ELLEN SHAFFNER by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge `0? Sworn and Subscibed to before me this So Answers: 6.00 .00 00 10.00 R. Thomas Kline .00 16.00 12/04/2007 MCCABE WEISBERG CONWAY By. ;n 4 day Deputy Sheriff of A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2007-06850 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND BANK OF NEW YORK THE VS SHAFFNER DOUGLAS ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT OCCUPANT but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE the within named DEFENDANT 342 AIRPORT ROAD SHIPPENSBURG, PA 17257 THERE WERE NO OTHER OCCUPANTS. , OCCUPANT NOT FOUND , as to Sheriff's Costs: So answers: --) Docketing 6.00 Service 00 Fa Not Found 5.00 R. Thomas line Surcharge 10.00 Sheriff of Cumberland County ? ao .00 21.00 Sworn and Subscribed to before me this day of MCCABE WEISBERG CONWAY 12/04/2007 A. D. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 Attorneys for Plaintiff Cumberland County Court of Common Pleas V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Number 07-6850 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above- captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 11/08/2007 - 01/02/2008 TOTAL $120,769.93 $ 2,075.92 $122,845.85 McCABE, WEISB AND CONWAY, P.C. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE AND NOW, this day of , 2007, Judgment is entered in favor of Plaintiff, The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1, and against Defendants, Douglas E. Shaffner, a/k/a Douglas Shaffner, and Ellen B. Shaffner, and damages are assessed in the amount of $ 122,845.85, plus interest and costs. BY THE PROTHONOTARY: LS1 Out'q_? R. " 6e.6 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 07-6850 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. The undersigned, being duly sworn according to law, deposes and says that the Defendants are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Douglas E. Shaffner, a/k/a Douglas Shaffner, is over eighteen (18) years of age and resides at 342 Airport Road, Shippensburg, PA 17257; and that the Defendant, Ellen B. Shaffner, is over eighteen (18) years of age and resides at 342 Airport Road, Shippensburg, PA, 17257. SWORN TO AND SUBSCRIBED BEFORE ME THIS 114 AY OF ? 6W ; 2008. McCABE, WEISBERG, AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ARY PUBLIC NOjARiAL SF;-jw Publ'x: GL_JRIA G. M1?54EE L, Nuia Aunt Ctty o(Fhaadel sires Jun(, Request for Military Status Page 1 of 2 Department of Defense Manpower Data Center DEC-21-2007 07:43:19 Military Status Report Pursuant to the Servicemembers Civil Relief Act Last Name First/Middle Begin Date Active Duty Status Service/Agency SHAFFNER Douglas E Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. A %A tky Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. See: http:,/,Alww.de.fenselink.mi.1?/f!aA/pi.s/.PC09SLDR..html WARNING: This certificate was provided based on a name and Social Security number (SSN) provided https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/21/2007 Request) for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: DFQAQFNFNL https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/21/2007 Request for Military Status Department of Defense Manpower Data Center 4D Military Status Report Pursuant to the Servicemembers Civil Relief Act DEC-21-2007 07:44:22 ~k.. Last Name First/Middle Begin Date Active Duty Status Service/Agency SHAFFNER Ellen B Based on the information you have furnished, the DMDC does not possess any information indicating that the individual is currently on active duty. Upon searching the information data banks of the Department of Defense Manpower Data Center, based on the information that you provided, the above is the current status of the individual as to all branches of the Military. y6y_ Mary M. Snavely-Dixon, Director Department of Defense - Manpower Data Center 1600 Wilson Blvd., Suite 400 Arlington, VA 22209-2593 The Defense Manpower Data Center (DMDC) is an organization of the Department of Defense that maintains the Defense Enrollment and Eligibility Reporting System (DEERS) database which is the official source of data on eligibility for military medical care and other eligibility systems. The Department of Defense strongly supports the enforcement of the Servicemembers Civil Relief Act [50 USCS Appx. §§ 501 et seq] (SCRA) (formerly the Soldiers' and Sailors' Civil Relief Act of 1940). DMDC has issued hundreds of thousands of "does not possess any information indicating that the individual is currently on active duty" responses, and has experienced a small error rate. In the event the individual referenced above, or any family member, friend, or representative asserts in any manner that the individual is on active duty, or is otherwise entitled to the protections of the SCRA, you are strongly encouraged to obtain further verification of the person's active duty status by contacting that person's Military Service via the "defenselink.mil" URL provided below. If you have evidence the person is on active-duty and you fail to obtain this additional Military Service verification, provisions of the SCRA may be invoked against you. If you obtain further information about the person ( e.g., an SSN, improved accuracy of DOB, a middle name), you can submit your request again at this Web site and we will provide a new certificate for that query. This response reflects current active duty status only. For historical information, please contact the Military Service SCRA points-of-contact. ad/pis/PC09SLDR.htnl See: http://www.de.1en.seiiiik.mil/f WARNING: This certificate was provided based on a name and Social Security number (SSN) provided Page 1 of 2 https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/21/2007 Request for Military Status Page 2 of 2 by the requester. Providing an erroneous name or SSN will cause an erroneous certificate to be provided. Report ID: DFQOJYLNLF https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/21/2007 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 07-6850 CERTIFICATION I, the undersigned attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendants that judgment would be entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN TO AND SUBSCRIBED BEFORE ME THIS o(rd DAY OF JO* , , 2008. N TARY PUBLIC COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL GLORIA D. MITCHELL, Notary Public City of Philadelphia, Phila. County My Commission Expires June 2, 2011 McCABE, WEISBE , D CONWAY, P.C. BY,-- Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary December 21, 2007 To: Douglas E. Shaffner, a/k/a Douglas Shaffner 342 Airport Road Shippensburg, PA 17257 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 Vs. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Cumberland County Court of Common Pleas Number 07-6850 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU, DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAYOFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 NOTIFICACION IMPORTANTE USTED SE F.NCUI?NTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMEN'rE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTI? TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER LISTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMAC16N ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue 13 lit jWEISBE McCAB BY' Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE TJM/hm OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary December 21, 2007 To: Ellen B. Shaffner 342 Airport Road Shippensburg, PA 17257 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 Vs. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Cumberland County Court of Common Pleas Number 07-6850 NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, T141S 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 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUMO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN S U CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A 0 TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMA06N ACERC A DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 MCCAISB G A?TD CONWAY, P.C. BY- Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE TJM/hm VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. McCABE, WEISBEIJP AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE '6k r ? ""C OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary To: Douglas E. Shaffner, a/k/a Douglas Shaffiier 342 Airport Road Shippensburg, PA 17257 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Cumberland County Court of Common Pleas Number 07-6850 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below X Judgment by Default Al d"4- lvx? OV-15 Curt Long Prothonotary //a3/o8 Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call WCABE. WEISBERG AND CONWAY at (215) 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, PA 17013 Curt Long Prothonotary To: Ellen B. Shaffner 342 Airport Road Shippensburg, PA 17257 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 Cumberland County Court of Common Pleas V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Number 07-6850 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. s1 0At4- Curt Long Prothonotary X Judgment by Default 1/03/Og Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please call McCABE, WEISBERG AND CONWAY at (215) 790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 Plaintiff V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Defendants FILE NO.: 07-6850 Civil Term AMOUNT DUE: $122,845.85 Interest from 1/3/2008 to 6/11/2008 DATE OF SALE plus $20.19 per diem thereafter ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendants 342 Airport Road Shippensburg, PA 17257 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendants in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: I( Inv Signature: Print Name: McCABE, WEISBERG, AND CONWAY, P.C. Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE s C? W ? 00 U ? O O O ?` oR+ 0 0 0 LT ? 0 0 0 . 7 0 40 a ; MCCABE, WEISBERG AND CONWAY, P.C. -BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 Plaintiff V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 07-6850 AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 342 Airport Road, Shippensburg, PA 17257, a copy of the description of said property is attached hereto and marked Exhibit "A". 1. Name and address of Owners or Reputed Owners: Name Douglas E. Shaffner, a/k/a Douglas Shaffner Ellen B. Shaffner Address 342 Airport Road Shippensburg, PA 17257 342 Airport Road Shippensburg, PA 17257 2. Name and address of Defendants in the judgment: Name Douglas E. Shaffner, a/k/a Douglas Shaffner Ellen B. Shaffner Address 342 Airport Road Shippensburg, PA 17257 342 Airport Road Shippensburg, PA 17257 3 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Cumberland-Franklin Joint Municipal Authority Cumberland-Franklin Joint Municipal Authority 4. 5 6. Address 725 Municipal Drive Shippensburg, PA 17257 c/o Richard Koch, Esq. Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Address Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants Commonwealth of PA Department of Public Welfare Domestic Relations Cumberland County Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Address 342 Airport Road, Shippensburg, PA 17257 P.O. Box 2675 Harrisburg, PA 17105 P.O. Box 320 Carlisle, PA 17013 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Department of Public Welfare TPL Casualty Unit Estate Recovery Program United States of America c/o U.S. Attorney for the Eastern District of PA United States of America c/o U.S. Attorney for the Middle District of PA United States of America c/o Attorney for the Western District of PA Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 615 Chestnut Street Philadelphia, PA 19106 235 North Washington Street Scranton, PA 18503 633 U.S. Post Office and Courthouse 71h & Grant Streets Pittsburgh, PA 15219 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. Januaa 10, 2008 McCABE, WEISBERG, AND CONWAY, P.C. DATE BY: Attorney for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ?.7 N T'j % r7 _0 ?? 4 CIVIL ACTION LAW The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Number 07-6850 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Douglas E. Shaffner, a/k/a Douglas Ellen B. Shaffner Shaffner 342 Airport Road 342 Airport Road Shippensburg, PA 17257 Shippensburg, PA 17257 Your house (real estate) at 342 Airport Road, Shippensburg, PA 17257 is scheduled to be sold at Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $122,845.85 obtained by The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway P.C. at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe. Weisberg ag_nd_ Conway. P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 LEGAL DESCRIPTION ALL THOSE TWO CERTAIN TRACTS OF LAND SITUATE IN THE TOWNSHIP OF SOUTHAMPTON, COUNTY OF CUMBERLAND, PENNSYLVANIA, kNOwN AS 342 AIRPORT kOAD, SHIPPENSBURG, SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED' AS FOLLOWS: TRACT NO. 1: BEGINNING AT A POINT IN THE CENTER OF THE PINE ROAb AT CORNER OF LAND NOW OR FORMERLY OF LARRY ROSENBERRY AND GLORIA ROSENBERRY, HIS WIFE; THENCE ALONG THE PINE ROAD IN EASTWARDLY DIRECTION 100 FEET TO A POINT IN SAID ROAD AT LAND NOW OR FORMERLY OF SCOTT WOLFE; THENCE AT RIGHT ANGLES TO SAID ROAD, 150 FEET IN A NORTHERLY DIRECTION ALONG LANDS NOW OR FORMERLY OF THE SAID SCOTT WOLFE TO AN IRON PIN.; THENCE IN A WESTERLY DIRECTION AND PARALLEL TO THE SAID ROAD, 100 FEET BY LAND NOW OF FORMERLY OF SCOTT WOLFE, TO AN IRON PIN AT CORNER OF LAND NOW OR FORMERLY OF LARRY ROSENBERRY AND GLORIA ROSENBERRY, HIS WIFE; THENCE IN A SOUTHWARDLY DIRECTION AND AT RIGHT ANGLES TO THE AFORESAID ROAD BY LAND NOW OR FORMERLY OF LARRY ROSENBERRY AND GLORIA ROSENBERRY, HIS WIFE, 150 FEET TO THE PLACE OF BEGINNING IN THE AFORESAID ROAD. TRACT NO. 2: BEGINNING AT AN IRON PIN AT CORNER OF LANDS NOW OR FORMERLY OF LARRY ROSENBERRY AND GLORIA ROSENBERRY AND LAND NOW OR FORMERLY OF ANNA M. HELM; THENCE ALONG LAND NOW OR FORMERLY OF LARRY ROSENBERRY AND GLORIA ROSENBERRY, NORTH 00 DEGREES 20 MINUTES WEST 135.8 FEET TO AN IRON PIN AT LANDS NOW OR FORMERLY OF LARRY ROSENBERRY AND GLORIA ROSENBERRY; THENCE BY ROSENBERRY LAND, NORTH 89 DEGREES 05 MINUTES EAST 100 FEET TO AN IRON PIN AT LANDS NOW OR FORMERLY OF WOLFE, SOUTH 00 DEGREES 20 MINUTES WEST 138 FEET TO AN IRON PIN; THENCE BY OTHER LANDS NOW OR FORMERLY OF ANNA M. HELM, NORTH 89 DEGREES 40 MINUTES WEST 100 FEET TO THE PLACE OF BEGINNING. BEING KNOWN AS 342 AIRPORT ROAD, SHIPPENSBURG, PA 17257. Being the same premises which Dwight L. Martin and Joanne S. Martin, husband and wife, by deed dated 7/9/2004 and recorded 9/21/2004 in the office of the Recorder in and for Cumberland County in Deed Book 265, Page 1694, granted and conveyed to Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner, in fee. TAX MAP PARCEL NUMBER: 39-13-0104-026 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-6850 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK for the benefit of the CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2007-1 Plaintiff (s) From DOUGLAS E. SHAFFNER a/k/a DOUGLAS SHAFFNER and ELLEN B. SHAFFNER (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 $122,845.85 L.L.$ 0.50 Interest from 1/3/08 to 6/11/08 DATE OF SALE plus $20.19 per diem thereafter Atty's Comm % Due Prothy $2.00 Atty Paid $204.16 Other Costs Plaintiff Paid Date: 1/14/08 (Seal) Deputy REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: MCCABE, WEISBERG, AND CONWAY, P.C. 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF rothonotary By: Telephone: 215-790-1010 Supreme Court ID No. 16496 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 Plaintiff V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 07-6850 AFFIDAVIT OF SERVICE The undesigned, attorney for the Plaintiff in the within matter, hereby certify that on the 8`h day of April, 2008, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A." Copies of the letter and certificates of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN TO AND SUBSCRIBED BEFORE ME THIS 8' DAY OF APRIL, 2008. NOTARY ?ObLiC COMMONV T FP Notarial Seal Susan J. Markowitz, Notary Pubk City W Philadelphia, Philadcrphia County M Commission Expires Feb. 13, 2011 r, , Pennsylvania Assoclatisn of Notaries McCABE, WEISBER , AND CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE KEVIN DISKIN, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (2157 790-1010 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 Plaintiff V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 07-6850 AFFIDAVIT PUBS TANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 342 Airport Road, Shippensburg, PA 17257, a copy of the description of said property is attached hereto and marked Exhibit "A". Name and address of Owners or Reputed Owners: Name Address Douglas E. Shaffner, a/k/a 342 Airport Road Douglas Shaffner ShiPpensburg, PA 17257 Ellen B. Shaffner 342 Airport Road ShipPensburg, PA 17257 2.. Tjame and address of Defendants in the judgment: # me Address rya ?, f" ??,?? ? y ? ate. RR }? a?'?a? ? ? y ?. t , Ts?,.? sib ? "fit i! Dpugla? Roait, ,# Ii' S !' °{L s . Y sa `, ougl ?? '" A, ? ^ _ 172 ?, ' 1 i vt ;cep B. Shane 342 Airpor Road r ti;1 't r h Shippensburg, PA 7257 40 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Cumberland-Franklin Joint Municipal Authority Cumberland-Franklin Joint Municipal Authority 4. Address 725 Municipal Drive Shippensburg, PA 17257 c/o Richard Koch, Esq. Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. 5. Address Name and address of every other person who has any record lien on the property: Name None 6. Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None 7 Address Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants 342 Airport Road, Shippensburg, PA 17257 Commonwealth of PA Department P.O. Box 2675 of?hllc Welfare Harrisburg, PA 17105 Y. Poipest#c f-elalio P.Q. Box 320 Cabe l? ?. CO?3' Carne VA 1701 Commo we of 1' e ?:??• u?sY?vaia 1400 S prin ty Gardep Stre t-.r 'f Inhe +X?}}ceZx3 Qceh}ladelphia, PA X913 r f :l' Commonwealth of pep v a 6 o9r, Strawberry S Ql tv r s,. Inheritance T z =z l D}yls}on Harrisburg, PA 172$ r. Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Department of Public Welfare TPL Casualty Unit Estate Recovery Program United States of America c/o U.S. Attorney for the Eastern District of PA United States of America c/o U.S. Attorney for the Middle District of PA United States of America c/o Attorney for the Western District of PA Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 615 Chestnut Street Philadelphia, PA 19106 235 North Washington Street Scranton, PA 18503 633 U.S. Post Office and Courthouse 7' & Grant Streets Pittsburgh, PA 15219 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriffs Sales I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. January 10. 2008 McCABE, WEISBERG, AND CONWAY, P.C. DATE BY: Attorneysrfor Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 4r ? ? t ?McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 Plaintiff V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Defendants DATE: April 8, 2008 Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 07-6850 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner PROPERTY: 342 Airport Road, Shippensburg, PA 17257 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. .j E E4 nn to A '?. O b ?„ o a N?N O ? O %3 00 gg ? 00 ro C ?N $ n a. N .a• ,., ' ' C'1 ('? :d C d Ord O ^s N m ? m ?D ?O ?pQ Q? N r a ? Fn' K d W " '. O om. 0 r. )k n -1 k4 I w' p K R O C C '!7 ?• n rd W p r? > ?o crQ O, m t R A H A OQ m 70 A ' ''? p G.. to C 1 rd 'j, C sr - O. rd to .. C A? p .+ `b - b Q r r O O r A M p' j > ODD ?O O '? p.(?,O.e ?'' W C ti r b ' 1 r Cl d r q -4 O .y A t9 ry r h a O , y tit N 3 N y 00 O .S A d O m O C IA y ? to ? E fD A C¢ 000009 ('•?N?3L' p n 00C O r.C ? N ? 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W b O J ° c /? ?" ^>! Q,' ( i a ° ea 0 y CD . A ?p .? rc7 O r. a dQ Cy7 O `A A !D fP "7 S a RO Cr1 n A O a O Y _ t a ?-? ` O Y r. .S m y N A y m ? j A m A W 00 . .. Q p A 00 ?+ m ? 0 H A I X 1 t C=i 0 -n r- m, 0 _ t"C1 f CD The Bank of New York for the benefit of the In the Court of Common Pleas of CWABS, Inc., Asset-Backed Certificates Cumberland County, Pennsylvania Series 2007-1 Writ No. 2007-6850 Civil Term Vs Douglas E. Shaffner a/k/a Douglas Shaffner And Ellen B. Shaffner Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on March 11, 2008 at 1025 hours, he served a true copy of the within Reel Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Douglas E. Shaffner and Ellen B. Shaffner by making known unto Ellen Shaffner personally, and adult in charge for Douglas, at 342 Airport Road, Shippensburg, PA 17257, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on April 08, 2008 at 1301 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 Douglas E. Shaffner and Ellen B. Shaffner located at 342 Airport Road, Shippensburg, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Douglas E. Shaffner a/k/a Douglas Shaffner and Ellen B. Shaffner by regular mail to their last known address of 342 Airport Road, Shippensburg, PA 17257. This letter was mailed under the date of April 17, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney McCabe. Sheriff s Costs: Docketing 30.00 Poundage 25.44 Posting Handbills 30.00 Advertising 30.00 Law Library .50 Prothonotary 2.00 Mileage 34.56 Levy 30.00 Surcharge 40.00 Postpone Sale 40.00 Law Journal 473.00 Patriot News 547.01 Share of Bills 14.73 o?bP ? F? , /i $1,297.24 R. Thomas Kline, Sheriff 50 BY .1t G ?r?J Real Estat ergeant- { r McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 Plaintiff V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 07-6850 k It, AFFIDAVIT PURSUANT TO RiJL,E 3129 The undersigned, attorney for plaintiff in the above action, set forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 342 Airport Road, Shippensburg, PA 17257, a copy of the description of said property is attached hereto and marked Exhibit "A". 1. Name and address of Owners or Reputed Owners: Name Address Douglas E. Shaffner, a/k/a 342 Airport Road Douglas Shaffner Shippensburg, PA 17257 Ellen B. Shaffner 342 Airport Road Shippensburg PA 17257 2. Marne an4 addfess of Pefenda;pts in *judgment- - Name y A44Tess Dou E. g0s Sh er, 342 ou 0a DougJa$ ` r? "J, t + ,?a ;.g bA i j , Ship ?. 17257 Sy Elle4 Shaffner 342 p°o f Shi ? I k ?Ppepsburg, PA' } 7257 3. Name and last known address of every judgment creditor whose judgment is a r record lien on the real property to be sold: 4. 5. 6. Name Cumberland-Franklin Joint Municipal Authority Cumberland-Franklin Joint Municipal Authority Address 725 Municipal Drive Shippensburg, PA 17257 c/o Richard Koch, Esq. Turo Law Offices 28 South Pitt Street Carlisle, PA 17013 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Address Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants 342 Airport Road, + Shippeosburg, PA 17257 r, Commonwealth of PA Department P.O. Box 2675 of Public Welfare Harrisb g, PA 17105 Domesoc ela o P.O. Box 320 ? Curj4berla44 Co?pty Carlisle' PA 1741 nns CO ° ! R Pe AV 1400 Spring 4ep Street t € O'}ce+?` le #i,;'A913Q 'PheF *cO 'a rnnlo?lwealtb O f fenl}SyjVaril4 114 Foor, Strawberry Square Bureau ou T ?r.' DePaent#2806Q1 i,1, l + Inhelar}ce''ax Diyjsior}iarrisburg, PA 17128 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Internal Revenue Service Department of Public Welfare TPL Casualty Unit Estate Recovery Program United States of America c/o U.S. Attorney for the Eastern District of PA United States of America c/o U.S. Attorney for the Middle District of PA United States of America c/o Attorney for the Western District of PA Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Technical Support Group, William Green Federal Bldg. Room 3259, 600 Arch Street Philadelphia, PA 19106 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 615 Chestnut Street Philadelphia, PA 19106 235 North Washington Street Scranton, PA 18503 633 U.S. Post Office and Courthouse Th & Grant Streets Pittsburgh, PA 15219 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. January 10.2008 McCABE, WEISBERG, AND CONWAY, P.C. DATE BY: Attorne for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE CIVIL ACTION LAW The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 07-6850 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Douglas E. Shaffner, a/k/a Douglas Ellen B. Shaffner Shaffner 342 Airport Road 342 Airport Road Shippensburg, PA 17257 Shippensburg, PA 17257 Your house (real estate) at 342 Airport Road, Shippensburg, PA 17257 is scheduled to be sold at Sheriffs Sale on JUNE 11, 2008 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $122,845.85 obtained by The Bank of New York for the Benefit of the CWABS, Inc. Asset Backed Certificates, Series 2007-1 against you. To prevent this Sheriff s Sale you must take immediate action: 1. The sale will be canceled if you pay to The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe. Weisberg and ConwaP.C. at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) i . If the Sheq s Sale is not stopped, your property, wi4 be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisb= and Conway. P.C. at ;fs (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe. Weisberg and Conway P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 LEGAL DESCRIPTION ALL THOSE TWO CERTAIN TRACTS OF LAUD SITOATE W THE tOWNSW' Ok SOUTI- OtON, COUNTY OF CUMBERLAND, PENNSYLVANIA, KNOWN AS 342 AIRPORT kOAb, SHIPPENSBURG, SOUTHAMPTON TOWNSHIP, CUMBERLANb COUNTY, PENNSYLVANIA, I OUNDEb AND bESCRIBED AS FOLLOWS. 4 I TRACT NO. 1: 1EGINNING AT A POINT IN THE CENTER OF THE PINe ROAb AT wkR ER O? LAND NOW OR FORMERLY OF LARRY ROSENBERRY AND GLORIA 1ROStNI3ERRY, HIS WIFE; THENCE ALONG THE PINE ROAD IN EASTWARDLY DIRECTION i00 FEET TO A POINT IN SAID ROAD AT LAND NOW OR FORMERLY OF SCOTT WOLFE; THENCE AT RIGHT ANGLES TO SAID ROAD, ,1 S0 FEET IN A NORTHERLY DIRECTION ALONG LANDS NOW OR FORMERLY OF THE SAID SCOTT" WOLFS t0 AN IRON PIN.; THENCE IN A WESTERLY DIRECTION AND PARALLEL TO THE SAID ROAD, 100 FEET BY LAND NOW OF FORMERLY OF SCOTT WOLFE, TO AN IRON PIN AT CORNER OF LAND NOW OR FORMERLY OF LARRY ROSENBERRY AND GLORIA ROSENBERRY, HIS WIFE; THENCE IN A SOUTHWARDLY DIRECTION AND AT RIGHT ANGLES TO THE AFORESAID ROAD BY LAND NOW OR FORMERLY OF LARRY ROSENBERRY AND GLORIA ROSENBERRY, HIS WIFE, 150 FEET TO THE PLACE OF BEGINNING IN THE AFORESAID ROAD. TRACT NO. 2: BEGINNING AT AN IRON PIN AT CORNER OF LANDS NOW OR kORMERLY OF LARRY ROSENBERRY AND GLORIA ROSENBERRY AND LAND NOW OR FORMERLY OF ANNA M. HELM; THENCE ALONG LAND NOW OR FORMERLY OF LARRY ROSENBERRY AND GLORIA ROSENBERRY, NORTH 00 DEGREES 20 MINUTES WEST 135.8 FEET TO AN IRON PIN AT LANDS NOW OR FORMERLY OF LARRY ROSENBERRY AND GLORIA ROSENBERRY; THENCE BY ROSENBERRY LAND, NORTH 89 DEGREES 05 MINUTES EAST 100 FEET TO AN IRON PIN AT LANDS NOW OR FORMERLY OF WOLFE, SOUTH 00 DEGREES 20 MINUTES WEST 138 FEET TO AN IRON PIN; THENCE BY OTHER LANDS NOW OR FORMERLY OF ANNA M. HELM, NORTH 89 DEGREES 40 MINUTES WEST 100 FEET TO THE PLACE OF BEGINNING. BEING KNOWN AS 342 AIRPORT ROAD, SHIPPENSBURG, PA 17257. Being the same premises which Dwight L. Martin and Joanne S. Martin, husband and wife, by deed dated 7/9/2004 and recorded 9/21/2004 in the office of the Recorder in and for Cumberland County in Deed Book 265, Page 1694, granted and conveyed to Douglas E. Shaffner, a/k/a Douglas Shafflaer and Ellen B. Shaffner, in fee. TAX MAP PARCEL NUMBER: 39-13-0104-026 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-6850 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK for the benefit of the CWABS, INC., ASSET-BACKED CERTIFICATES, SERIES 2007-1 Plaintiff (s) From DOUGLAS E. SHAFFNER a/k/a DOUGLAS SHAFFNER and ELLEN B. SHAFFNER (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 $122,845.85 L.L.$ 0.50 Interest from 1/3/08 to 6/11/08 DATE OF SALE plus $20.19 per diem thereafter Atty's Comm % Due Prothy $2.00 Atty Paid $204.16 Other Costs Plaintiff Paid Date: 1/14/08 Prothonota FW7 (Seal) By: REQUESTING PARTY: Name TERRENCE J. MCCABE, ESQUIRE Address: MCCABE, WEISBERG, AND CONWAY, P.C. 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 16496 Deputy N .V Real Estate Sale # 29 On February 21, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Southampton Township, Cumberland County, PA Known and numbered as 342 Airport Road, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 21, 2008 By: ? r Real Estat Sergeant OS Z d S i Nbf BOOT dd ',kiHAGJ U`N- 1« 3dkI'IJ 33183HS 3H! 30 30f330 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : 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: May 2, May 9, and May 16, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, SWORN TO AND SUBSCRIBED before me this day of May, 2008 Notary NOTARIAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL IWATE SALE NO. 49 Writ No. 2007-6850 Civil The Bank of New York for the benefit of the CWABS, Inc., Asset- Backed Certificates, Series 2007-1 vs. Douglas E. Shaffner a/k/a Douglas Shaffner and Ellen B. Shaffner Atty.: Terrence McCabe LEGAL DESCRIPTION ALL those two certain tracts of land situate in the Township of Southampton, County of Cumber- land, Pennsylvania, known as 342 Airport Road, Shippensburg, South- ampton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point in the center of the Pine Road at corner of land now or formerly of Larry Rosenberry and Gloria Rosen- berry, his wife; thence along the Pine Road in eastwardly directions 100 feet to a point in said road at land now or formerly of Scott Wolfe; thence at right angles to said road, 150 feet in a northerly direction along lands now or formerly of the said Scott Wolfe to an iron pin; thence in a westerly direction and parallel to the said road, 100 feet by land now of formerly of Scott Wolfe, to an iron pin at corner of land now or formerly of Larry Rosenberry and Gloria Rosenberry, his wife; thence in a southwardly direction and at right angles to the aforesaid road by land now or formerly of Larry Rosenberry and Gloria Rosenberry, his wife, 150 feet to the place of beginning in the aforesaid road. TRACT NO. 2: BEGINNING at an iron pin at corner of lands now or formerly of Larry Rosenberry and Goria Rosenberry and land now or formerly of Anna M. Helm; thence along land now or formerly of Larry Rosenberry and Gloria Rosenberry, North 00 degrees 20 minutes West 135.8 feet to an iron pin at lands now or formerly of Larry Rosenberry and Gloria Rosenberry; thence by Rosenberry land, North 89 degrees 05 minutes East 100 feet to an iron pin at lands now or formerly of Wolfe, South 00 degrees 20 minutes West 138 feet to an iron pin; thence by other lands now or formerly of Anna M. Helm, North 89 degrees 40 minutes West 100 feet to the place of beginning. BEING KNOWN AS 342 Airport Road, Shippensburg, PA 17257. Being the same premises which Dwight L. Martin and Joanne S. Mar- tin, husband and wife, by deed dated 7/9/2004 and recorded 9/21/2004 in the office of the Recorder in and for Cumberland County in Deed Book 265, Page 1694, granted and conveyed to Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner, in fee. TAX MAP PARCEL NUMBER: 39-13-0104-026. - The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE ZhePatriot News Now you know CARLISLE PA 17013 i 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 atB12 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: 04/23/08 04/30/08 05/07/08 . . . . . . - V- W E# IT'"~/ FlffbW? . . . . . . . . . . . . . Sworn to and(,sub;(cribed before me this 27 day of May, 2008 A.D. Notary P COMMONWEALTH PEW YUTANIA Wanal Seal Chyle L. Sheppard, Notary Publla City a Harrisburg, Dauphin Cm* 29- 21" My Commission Exp res Member, Pennsyiva6a Association of Notaries far psom Wo m W0* ltlo. ! CIM -R am* al Kawv" for few b«WR of 5,k+o., . *W106 2007-1 V$ Douos E ShmMW,*I*. f>I?CRIPT?ON ALL THME TWO CERIAIN TRACTS OF LAND =KT9 IN THE,. TYRO B' OF SOUTHAMPTON, COUNTY OF CUMBW AII, PENNSYLVANIA, RNUWN AS 342 AMiCT: ROAD, SIIIQPENSBURG. SwrR ObIhMN - TOmm CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND D AS FOUDVS: - TRACT NO. 1: lIl W 11T-A POW IN THE Cwt OV ' -PM- ROAD AT CORNS OF LAW NW OR FORI LY OF ROSENFOO THE PINE ROAD INEW ARDLY DBIECTION:I*M;MA POOR IN SAID .ROAD AT LAW NOW OR FOLLY OF SCOTT NOfA+R, TWiU AT RJORT ANGLES TO SAID ROAD, 150 FEET IN A NORTHERLY DMIitJ[ ALONG LANDS NOW OR FORMERLY OF THE SAID SCOTT WOLFS TO AN BID!'i,PK HENCE IN A WFSTRRIY` D1REf>TW AND PARALLEL TO THE SAIDAIDAD,100 FEET BY LAND NOW OF FORMERLY OF.SEOTT'WOM TO AN IRON PIN AT CORNER OF. LAND NOW Oft FORMERLY OF LARRY ROSE NB=Y AND 'GLORIA ROSINBiffiRY. IRS WOE- THEKE IN A SOUTHWARDLY' DIREC" AND AT RIGHT ANGLES. TO THE AFORESAID ROAD BY LAND NOW:OR FORMERLY OF LARRY Y AND GLORIA HIS WBFE, Is"ETTOTHE MACH OF' BEGDRCM IN 'THE AFOI ROAIX- TRACT NO:' Z BOGUNNG AT AN IRON FIN AT CORNER OF LANDS NOW OR 4 LY OF LARRY ROSINBFERY AND GLORIA ROSENBERRY AND LAND NOW OR FORMERLY OF ANNA M. HELM; 70(NCE ALONG LAND NOW OR FORMERLY OF LARRY ROSENBERRY AND (ILMA ROBBY,' NINTH 00 Dm m 20'i&Wft WEST 135:8 FEET 05 Mll'>OCES FAST 100;FEET TO: AN IRON PIN AT L NOW OR PM MY OF WOLFE, SOUTH 00DEGRSS`20 MINUTES WEST 139 FEET TO AN ON M-, THENCE BY OITIIFR LANDS NOW OR FORMERLY OF ANNA N. 0112 M, MORI'H S9 b6GROES 40 MINUTES VEST 300 ITT TO THE PLACEOF>EGINNMG. BEING AS 342 AIRPORT, ROAD, ,PA,17257. Being the acme Pawn Dwight L Munn and 14aa?e S.:I . b atood and wife, by deal d? iff- 4 and ecorded 9121fM in the office of *#' Rw rder 4 and for Combc&W County m Dead Book 265, Page 1694, g s0W and cauneyed to Douglas F- Shaffia NU Dogg6 Shaffner and Ellett B. Shaffner, in fm TAX MAP PARCEL NUMBER: 39-13-0104- 026 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner FILE NO.: 07-6850 Civil Term AMOUNT DUE: $122,845.85 INTEREST: from 01/03/08-03/03/10 $15,970.29 at $20.19 ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 342 AiMort Road. Shipnensburg_Pennsylvania 17257 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: September 28. 2009 Signature: ?Xg , r_1 Print Name: MCCA , WEISBERG AND CONWAY Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. LEGAL DESCRIPTION All those two certain tracts of land situate in the Township of Southampton, County of Cumberland, Pennsylvania, known as 342 Airport Road, Shippensburg, Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point in the center of the Pine Road at comer of land now or formerly of Larry Rosenberry and Gloria Rosenberry, his wife; thence along the Pine Road in Eastwardly direction 100 feet to a point in said road at land now or formerly of Scott Wolfe; thence at right angles to said road, 150 feet in a Northerly direction along lands now or formerly of the said Scott Wolfe to an iron pin; thence in a Westerly direction and parallel to the said road, 100 feet by land now or formerly of Scott Wolfe, to an iron pin at corner of land now or formerly of Larry Rosenberry and Gloria Rosenberry, his wife; thence in a Southwardly direction and at right angles to the aforesaid road by land now or formerly of Larry Rosenberry and Gloria Rosenberry, his wife, 150 feet to the place of BEGINNING in the aforesaid road. TRACT NO. 2 BEGINNING at an iron pin at corner of lands now or formerly of Larry Rosenberry and Gloria Rosenberry and land now or formerly of Anna M. Helm; thence along land now or formerly of Larry Rosenberry and Gloria Rosenberry, North 00 degrees 20 minutes West 135.8 feet to an iron pin at lands now or formerly of Larry Rosenberry and Gloria Rosenberry; thence by Rosenberry land, North 89 degrees 05 minutes East 100 feet to an iron pin at lands now or formerly of Scott Wolfe; thence by lands now or formerly of Wolfe, South 00 degrees 20 minutes West 138 feet to an iron pin; thence by other lands now or formerly of Anna M. Helm, North 89 degrees 40 minutes West 100 feet to the place of BEGINNING. Being known as 342 Airport Road, Shippensburg, Pennsylvania 17257 BEING the same premises which DWIGHT L. MARTIN AND JOANNE S. MARTIN, HUSBAND AND WIFE by deed dated July 9, 2004 and recorded September 21, 2004 in the office of the Recorder in and for Cumberland County in Deed Book 265, Page 1694, granted and conveyed to Douglas E. Shaffner, in fee. TAX MAP PARCEL NUMBER: 39-13-0104-026 VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. 'r Ag-e-.e' , T RENC J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff + r ? rJ' ? Gl_,. c 7G 3 7 fr` ,ems-2 3117 s7,1: S v o s? ,g ,? gys; K ?l 9 ?G J 06 ?< <r V d- ON $ ?, 06 Du-e- Ca, McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 Plaintiff V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 07-6850 AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for 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 located at: 342 Airport Road, Shippensburg, Pennsylvania 17257, a copy of the description of said property being attached hereto and marked Exhibit "A." Name and address of Owners or Reputed Owners Name Douglas E. Shaffner, a/k/a Douglas Shaffner Address 342 Airport Road Shippensburg, Pennsylvania 17257 Ellen B. Shaffner 342 Airport Road Shippensburg, Pennsylvania 17257 2. Name and address of Defendants in the judgment: Name Address Douglas E. Shaffner, a/k/a Douglas 342 Airport Road Shaffner Shippensburg, Pennsylvania 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. 5 6 7 Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Name and address of every other person who has any record lien on the property: Name Address Cumberland-Franklin Joint Municipal 725 Municipal Drive Authority Shippensburg, Pennsylvania 17257 Cumberland-Franklin Joint Municipal c/o Richard Koch, Esquire Authority Turo Law Offices - 18 South Pitt Street Carlisle, Pennsylvania 17013 Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address Southampton Township 200 Airport Road Shippensburg, Pennsylvania 17257 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address 342 Airport Road Shippensburg, Pennsylvania 17257 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 110 North 8`h Street Suite #204 Philadelphia, PA 19107 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America Internal Revenue Service Technical Support Group Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. September 28, 2009 DATE TERREN J. McCABE, ESQUIRE MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION All those two certain tracts of land situate in the Township of Southampton, County of Cumberland, Pennsylvania, known as 342 Airport Road, Shippensburg, Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: TRACT NO. 1: BEGINNING at a point in the center of the Pine Road at corner of land now or formerly of Larry Rosenberry and Gloria Rosenberry, his wife; thence along the Pine Road in Eastwardly direction 100 feet to a point in said road at land now or formerly of Scott Wolfe; thence at right angles to said road, 150 feet in a Northerly direction along lands now or formerly of the said Scott Wolfe to an iron pin; thence in a Westerly direction and parallel to the said road, 100 feet by land now or formerly of Scott Wolfe, to an iron pin at corner of land now or formerly of Larry Rosenberry and Gloria Rosenberry, his wife; thence in a Southwardly direction and at right angles to the aforesaid road by land now or formerly of Larry Rosenberry and Gloria Rosenberry, his wife, 150 feet to the place of BEGINNING in the aforesaid road. TRACT NO. 2 BEGINNING at an iron pin at corner of lands now or formerly of Larry Rosenberry and Gloria Rosenberry and land now or formerly of Anna M. Helm; thence along land now or formerly of Larry Rosenberry and Gloria Rosenberry, North 00 degrees 20 minutes West 135.8 feet to an iron pin at lands now or formerly of Larry Rosenberry and Gloria Rosenberry; thence by Rosenberry land, North 89 degrees 05 minutes East 100 feet to an iron pin at lands now or formerly of Scott Wolfe; thence by lands now or formerly of Wolfe, South 00 degrees 20 minutes West 138 feet to an iron pin; thence by other lands now or formerly of Anna M. Helm, North 89 degrees 40 minutes West 100 feet to the place of BEGINNING. Being known as 342 Airport Road, Shippensburg, Pennsylvania 17257 BEING the same premises which DWIGHT L. MARTIN AND JOANNE S. MARTIN, HUSBAND AND WIFE by deed dated July 9, 2004 and recorded September 21, 2004 in the office of the Recorder in and for Cumberland County in Deed Book 265, Page 1694, granted and conveyed to Douglas E. Shaffner, in fee. TAX MAP PARCEL NUMBER: 39-13-0104-026 Exhibit A R S"T- .( - - ,? u_._ ,-- „ -)7A S'-7i" 9rL.5 7^-, I McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff CIVIL ACTION LAW The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 V. COURT OF COMMON PLEAS CUMBERLAND COUNTY Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Number 07-6850 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Douglas E. Shaffner, a/k/a Douglas Shaffner Ellen B. Shaffner 342 Airport Road 342 Airport Road Shippensburg, Pennsylvania 17257 Shippensburg, Pennsylvania 17257 Your house (real estate) at 342 Airport Road, Shippensburg, Pennsylvania 17257 is scheduled to be sold at Sheriffs Sale on March 3, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $122,845.85 obtained by The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 FLT ? ? - OF THE, _tAP McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 Plaintiff V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 07-6850 AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing addresses of the Defendants are: Douglas E. Shaffner, a/k/a Douglas Shaffner 342 Airport Road Shippensburg, Pennsylvania 17257 SWORN AND SUBSCRIBED BEFORE ME THIS 28TH DAY OQF?SEPTEMBER, 2 009 4 9. 1 J1 t UVIR7NWEALTH M PENNSY1_4?;: NOTARIAL SEA Shelita Lynn Gaskins-Notary Puy City of Philadelphia, Philadelphia Co-u. MY COMMISSION EXPIRES JUNE 12, 2 Ellen B. Shaffner 342 Airport Road Shippensburg, Pennsylvania 17257 - ?Uez TERREN E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff RLE 4V9 SEt' 2 9 11 - ?`w 3 UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE:DOUGLAS E. SHAFFNER ELLEN B. SHAFFNER DEBTORS CHAPTER 13 BANKRUPTCY NO. 1-08-bk-02071 THE BANK OF NEW YORK FOR THE BENEFIT OF THE CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2007-1, OR ITS SUCCESSOR OR ASSIGNEE MOVANT VS. DOUGLAS E. SHAFFNER AND ELLEN B. SHAFFNER CHARLES J. DEHART, III, TRUSTEE RESPONDENTS ORDER Upon consideration of the Motion for Relief from Stay, it is hereby ORDERED that the automatic stay of Bankruptcy Code §362(a) be, and the same hereby is, MODIFIED to permit The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1, or its Successor or Assignee, to foreclose its mortgage, and, without limitation, to exercise any other rights it has under the mortgage or with respect to the property located at: 342 Airport Road, Shippensburg, Pennsylvania 17257.Mortgage dated December 27, 2006 and recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1978 Page 2775. By the Court, (R,q? U. gj?R )W13- Dated: May 7, 2009 Robert N. Opel, II, Ba 'u Y Judge 1101 This document is electronically signed and fikd on the same date. Case 1:08-bk-02071-RNO Doc 46 Filed 05/07/09 Entered 05/07/09 10:30:24 Desc Main Document Page 1 of 1 7 Ll 09 SE! 29 P? , 6 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N007-6850 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due THE BANK OF NEW YORK FOR THE BENEFIT OF THE CWABS, INC. ASSET-BACKED CERTIFICATES, SERIES 2007-1 Plaintiff (s) From DOUGLAS E. SHAFFNER, A/K/A DOUGLAS SHAFFNER AND ELLEN B. SHAFFNER, (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$ 122,845.85 L.L. Interest FROM 01/03/08 - 03103110 $15,970.29 AT $20.19 Atty's Comm % Due Prothy $2.00 Atty Paid $1,522.90 Plaintiff Paid Date: September 29, 2009 (Seal) REQUESTING PARTY: Deputy Name MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY, P.C., 123 SOUTH BROAD STREET, SUITE 2080, PHILADELPHIA, PENNSYLVANIA 19109 Attorney for: PLAINTIFF Other Costs Cu is R. Long, Pr o By: Telephone: (215) 790-1010 Supreme Court ID No. 34419 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 Plaintiff V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 07-6850 AFFIDAVIT OF SERVICE I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 23`d day of December, 2009, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A." Copies of the letter and certificates of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN AND SUBSCRIBED BEFORE ME THIS 23`d DAY OF D ECEMBER, 2009 1 q0 ( P ) AM ( 'P01 /Rj A TARY PU LIC TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff ccv, «RSYLVANIA ST;? Via. °aL '-.. Notary Public Phila. County ?. es.,l?r. il11„ 2 _t2 _ Q McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 Plaintiff V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 07-6850 AMENDED AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for 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 located at: 342 Airport Road, Shippensburg, Pennsylvania 17257, a copy of the description of said property being attached hereto and marked Exhibit "A." Name and address of Owners or Reputed Owners Name Douglas E. Shaffner, a/k/a Douglas Shaffner Ellen B. Shaffner Address 342 Airport Road Shippensburg, Pennsylvania 17257 342 Airport Road Shippensburg, Pennsylvania 17257 Name and address of Defendants in the judgment: Name Douglas E. Shaffrer, a/k/a Douglas Shaffner Address 342 Airport Road Shippensburg, Pennsylvania 17257 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. 5. 6. 7 Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Name and address of every other person who has any record lien on the property: Name Address Cumberland-Franklin Joint Municipal 725 Municipal Drive Authority Shippensburg, Pennsylvania 17257 Cumberland-Franklin Joint Municipal c/o Richard Koch, Esquire Authority Turo Law Offices - 18 South Pitt Street Carlisle, Pennsylvania 17013 Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address Southampton Township 200 Airport Road Shippensburg, Pennsylvania 17257 Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address 342 Airport Road Shippensburg, Pennsylvania 17257 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. December 23, 2009 TERRENCE J. McCABE, E QUIRE DATE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 Plaintiff V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Defendants DATE: December 23, 2009 TO: ALL PARTIES IN INTEREST AND CLAIMANTS Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 07-6850 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Douglas E. Shaffner, a/k/a Douglas Shaffner PROPERTY: 342 Airport Road, Shippensburg, Pennsylvania 17257 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on March 3, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. aaa° aaaaa d Vl% sM eA c ? ti C ? H a? ..a U t... cn Q' d d u ?? M K t7? ATM ?_ 0 Yo~? vya d 4 d w fi O , N? "A N o ? PE" d°,, oa o, ? v as •? p., N t" A ? a ua ?02 F,,a L4 K1 L4 0 ..• 01" >. y M G t- 0 V d?rypr ?H9? e„s ON ? 3' ad+o G C N C c? O a o.. ?;aod "" o ,?,? Loy lull y V1 Q ? ? >,Q r4 a ? ¢o Ica ? ?VL>. o?' ss U ? ,.., `a p y V a t? U '.4 rp 0 d w dv N w o ? p" SwN p ,, d d0 c- .o a tri N w O C w t o N O. A N d p u C 01 C 40 C i M C e C"N" D u is u C 10, JUAN= L V 0 O V en 'L 00 oo N W i ti aQ? O C G C .5 eU O v?r, a p C1,- NQ C'Iov?a'd p, ?, •- pG C M ^ p. „ ..., , C y u 7tn pCC?.. ?? Wj NM .C d w cOeL ?% K o+yo0 wt ? O a) O ? t? C ;; •? z e e; . C C ea 'd o?= 0 .C CO e e 0 C .. b C. ? I g ?3 O a ?l'? Uf?GUxd? Cw' 0 ,E a?F3x oa O 7 at AUaU . C O'^ D c7?Nria ?r?Nap: Y Y ? u ?LZ ap W ? h V a fia e a z; 9 ? Ha" Y 'a O Y y C C zO O N M _ al -•? t?? , ? F,. r,, ...? "'r-. r.. ??ryy l ?.. ? ? V ?a .i ;, {/?,4 A SHERIFF,'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff - Jody S Smith Chief Deputy n Edward L Schorpp Solicitor The Bank of New York vs. Case Number Douglas E Shaffner (et al.) 2007-6850 SHERIFF'S RETURN OF SERVICE 12/28/2009 03:09 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on December 28, 2009 at 1507 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 Douglas E. Shaffner, located at, 342 Airport Road, Shippensburg, Cumberland County, Pennsylvania according to law. 12/28/2009 03:09 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on December 28, 2009 at 1507 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Souglas E. Shaffner, by making known unto, Douglas E. Shaffner, personally, at, 342 Airport Road, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 12128/2009 03:09 PM - Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on December 28, 2009 at 1507 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Ellen B. Shaffner, by making known unto, Douglas E. Shaffner, husband of defendant, at, 342 Airport Road, Shippensburg, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 03/01/2010 Property sale postponed to 4/7/2010. 04/05/2010 Property sale postponed to 5/5/2010. 05/04/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Atty Margaret Gairo on 5/3/10. SHERIFF COST: $1,080.82 SO ANSWERS, May 04, 2010 RON R ANDERSON, SHERIFF ? 4/6/?k McCABE, WEISBERG AND CONWAY, P.C. BY: KEVIN MCQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 Plaintiff V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Defendants Attorney for Plaintiff CUMBERLAND COUNTY c ? r -n COURT OF COMMON PLEAS w rn z; r rnF -arm No. 07-6850 -<a M cad' acs ?r p.3 x.... PRAECIPE TO VACATE JUDGMENT TO THE PROTHONOTARY: Kindly vacate, upon payment of your costs only, the default judgment entered in the above-captioned matter against defendant(s) DOUGLAS E. SHAFFNER, A/K/A DOUGLAS SHAFFNER and ELLEN B. SHAFFNER on January 3, 2008. This praecipe to vacate is filed without prejudice to plaintiffs rights in this matter and is without prejudice to plaintiffs right of recovery against defendant(s) on the underlying obligation. DATE: June 21, 2011 vin McQuail, Esquire Attorney for Plaintiff on?.k?g u° r? °?`'1 CL4 iua?3 e,wL McCABE, WEISBERG AND CONWAY, P.C. BY: KEVIN MCQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 Plaintiff V. Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Defendants Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 07-6850 PRAECIPE TO DISCONTINUE AND END TO THE PROTHONOTARY: Cl) C enD -tZ C? Zfl y? -G O z tv r 71'? s 0 tea Kindly mark the above-captioned matter as Discontinued and Ended, without prejudice, upon payment of your costs only. Kevi cQuail, Esquire ATTORNEY FOR PLAINTIFF -*s r,n -vm ME:) C) I =co O? -r McCABE, WEISBERG AND CONWAY, P.C. BY: KEVIN MCQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 The Bank of New York for the Benefit of the CWABS, Inc. Asset-Backed Certificates, Series 2007-1 Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. No. 07-6850 Douglas E. Shaffner, a/k/a Douglas Shaffner and Ellen B. Shaffner Defendants CERTIFICATE OF SERVICE I, Kevin McOuail, Esquire, Attorney for Plaintiff, hereby certifies that a true and correct copy of the within Praecipe to Discontinue and End, as well as Praecipe to Vacate Judgment, was served on the below person(s) by regular first class mail, postage prepaid, on 21 st day of June, 2011. Douglas E. Shaffner, a/k/a Douglas Shaffner 342 Airport Road Shippensburg, Pennsylvania 17257 Ellen B. Shaffner 342 Airport Road Shippensburg, Pennsylvania 17257 DATE: June 21.2011 K in McQuail, Esquire Attorney for Plaintiff