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HomeMy WebLinkAbout07-7299 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 Househould Finance Consumer Discount Company 5701 East Hillsborough Avenue Tampa, FL 33610 Attorneys for Plaintiff Cumberland County Court of Common Pleas V. Michael A. Wiles 451 D Street Carlisle, PA 17013 and Sherry L. Wiles 451 D Street Carlisle, PA 17013 Number L)7 - 70gq eivi( Ie r-% 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 han 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 la 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. S1 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 r' CIVIL ACTION/MORTGAGE FORECLOSURE Plaintiff is Househould Finance Consumer Discount Company, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Michael A. Wiles, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and his last-known address is 451 D Street, Carlisle, PA 17013. 3. The Defendant is Sherry L. Wiles, who is one of the mortgagors and real owners of the mortgaged property hereinafter described, and her last-known address is 451 D Street, Carlisle, PA 17013. 4. On 10/15/2004, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to MERS, Inc. as Nominee for Mercantile Mortgage Company which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1885, Page 2463. 5. The aforesaid mortgage was thereafter assigned by MERS, Inc. as Nominee for Mercantile Mortgage Company to Househould Finance Consumer Discount Company, 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 451 D Street, Carlisle, PA 17013. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 06/01/2007 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. 8. The following amounts are due on the mortgage: Principal Balance $ 108,701.09 Interest through 12/01/2007 $ 7,619.60 (Plus $ 35.44 per diem thereafter) Attorney's Fee $ 5,435.05 Late Charges $ 336.00 Escrow Advances $ 1,909.10 Title Search $ 200.00 GRAND TOTAL $ 124,200.84 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 $124,200.84, together with interest at the rate of $35.44 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCzA?E, WEISBE*G AND CONWAY, P.C. BY:( 14 w^- -1 ' 1 QVA lam, Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ROaLERT P. ZIEGLER} ? 7CORDER OF DEEDS - "LA1;D C0L!t!Ti - A 2004 OCT 25 PM I y& Prepared by and When Recorded Return to MERCANTILE MORTGAGE COMPANY 1787 SENTRY PARKWAY W., BLDG 18 #330 BLUE BELL, PA 19422 -------------------.-------{Space Above This Line For Recording Data] --------------- .-----.--_.- LOAN NO. 04102CAP MORTGAGE MIN 100236400000082756 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3. 11, 13. 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) 'Security IntArument" means this document, which is dated OCTOBER 15, 2004 together with all Riders to this document. (B) "Burrower" is MICHAEL A. WILES AND SHERRY WI S, HUSBAND AND WIFE Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lenders successors and assigns. MFRS is the mortgagee under this Secuuity Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O, Box 2026, Flint, MI 48501-2026, tel. (888) 679-MFRS. (D) "Lender" is MERCANTILE MORTGAGE COMPANY Lender is a CORPORATION organized and existing under the laws of ILLINOIS . Lender's address is 1787 SENTRY PARKWAY W., BLDC 18 #330 BLUE BELL, PA 19422 (E) 'Note" means the promissory note signed by Borrower and dated OCTOBER 15, 2004 The Note states that Borrower owes Lender ONE HUNDRED TEN THOUSAND SIX HUNDRED TEN AND 001100 Dollars (U. S. $ 110, 610.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than NOVEMBER 1, 2034 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sutras due under this Security Instrument, plus interest. PENNSYLVANIA - Single Family -tank MaNFreddie Mac UNIFORM INsmtimeff Wt7'lt MM Form 3019 101101) MFRS Jan Page 1 of it SK ! 885PG2463 Ex. hih-it A (H) "Riders" means all riders to this Security Instrument that are executed by Borrower. The following riders are to be executed by Borrower [check box as applicable): 51 Adjustable Rate Rider 0 Condominium Rider Planned Unit Development Rider a 1-4 Family Rider ? Balloon Rider 0 Second Home Rider Q Other(s) LEGAL DES ? Biweekly Payment Rider (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization, (In "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initialed through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" mean those items that are described in Section 3. (M) 'Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property, (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Wan. (O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (i) any amounts under Section 3 of this Security Instrument. (P) 'RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. ¢2501 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 33001 as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) 'Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: () the repayment of the Loan, and all renewals, extensions and modifications of the Note: and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MFRS (solely as nominee for Lcnder and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the COUNTY of (Type of Reenrdiag Jurisdicuonj CUMBERLAND (Name of Recording )uridietionj Ft,TVNSYLVANIA • Single Family - Fannie Muff"reddte Mae UNIFORM INSTRUMENT WITH MFRS rvrm 3039 (01101) MEes yoe Pagc 2 of 13 BI(I885PG2464 which currently has the address of 451 'D' STRRET, CARLISLE Ia"n irnl Pennsylvania 17013 ("Property Address"): 17+p c-m TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this :security Instrument. All of the foregoing is referred to in this Security Instrvment as the "Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items; Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Nate and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash: (b) money order; (c) certified check, hank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits arc insured by a federal agency, instrumentality, or entity: or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment(s) or partial payment(s) if the payment(s) or partial payments are insufficient to bring the loan current. Lender may accept any payment(s) or partial payment(s) insufficient to bring the Loan current, PENNSYLVANIA - SiaSk Fwnily - Feanh MadFreddle Mac UNIFORM 114MUSU N't' WITH MatS %rm 3419 (01101) MP.R7 aSM woe3of13 0KI885f'G2465 without waiver of any rights hereunder or prejudice to its rights to refuse such payment(s) or partial payments in the future, but Leader is not obligated to apply such payments at the time such payments arc accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold inch unapplied funds until Borrower makes payment(s) to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge, If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late chargee due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessmeots and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance requirW by Lender under Section S; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are, called "Escrow Items." At origination or at any time during the term of the Loan. Lender may require that Community Association Dues. Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay diroctly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow lean Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section IS and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lendcr shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. PENNSYLVANIA - Slnak Family - Fannla Mae/Freddk Mao UNIFORM INSTRUMENT Wrnj MERs Form 3039 (01101) Maas a/T Pate d of 13 BKI885PG2466 The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds. Lender shall not be required to pay Borrower any interest or Pamings on the Funds. Borrower and Leader can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than twelve monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than twelve monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lander. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Does, Fees, and Assessments, if any. To the extent that these items arc Escrow Items, Borrower shall pay them in the manner provided in Section ). Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement: (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. U Lender determines that any pan of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall nit be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services: or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lenders option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have PIWNSVLVANIA • Singie Family . Eamdc Maa/Vreddle Mae UNIFORM INSFHUbiENt' wrist MEks Form 3139 (01/01) Mr: LS ns Past S of 13 9K 1885FG,467 obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shatl not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid our of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. U Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claims The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower s rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within sixty days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commis waste on the Property. Whether or not Borrower is residing in the Property. Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of. the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. U the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. P1CNNSV1,VANU - Sinslc F=Wy - Fink Mw reddk Mac UNIFOAM 1NITMURIENT WrrH MEILS Form 3039 to 1/01) Alr Was Pose 6 of 13 OKI885PG2468 Lender or its agent may make reasonable entries upon and inspections of the Property. if it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. & Borrower's Laan Application. Borrower shall be in default if, during the Loan application process. Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Properly and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations). or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are nut limited to: (a) paying any sums secured by a lien which has priority over this Security lnstrumenv. (b) appearing in court; and (c) paying reasonable attorney's fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. 11 is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the dale of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available. Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to bein effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selixted by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until the Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. PENNSYLVANIA - Single Family - Fam+k MadFreddk hUc UNIFORM INMUMMT WITH MFRS Form 3039 (o 1101) MERS 3M Pate 7 of 13 BKI885PG2469 Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk. or reduce losses. 'These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Gender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often tamed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not Increase the amoum Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Ad of 1"ll or any odwr law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Im:urance terminated automatically, andlor to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to tender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Properly, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period. Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law rexluires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. in the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before (he partial taking, destruction, or loss in value, unless Borrower and Leader otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to &arrowcr. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party PENNSYLVANIA • Single Family - tl.ade MaarFreddle Mac UNIFORM INMUMIUNT WrM MFRS Form 3a39 (QUO 1) ME as taw Pace a of 13 SK ! 885PG2470 (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then duc. 'Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender, All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in interest of Burrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower. Lender shall not be required to continence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 23. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signcr"}; (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sum secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 19, any Successor in Interest of Borrower who assumes Borrower's obligations undo this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for serviccs performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys fees, property inspection and valuation fees In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Leader may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. PFNNSYL VANIA - Sinate Family - Feank Mae/Fre"k Mac UNIFGRxt t,\STRUNIMT WMI MFRS Furm 3039 (01101) Mr. as AN Pate 9 of 13 BK I BBSPG247 15, Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if scat by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrowers change of address. If Lender specifics a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security btstrument is also required under Applicable Low, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All tights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest In Borrower, As used in this Section I8, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration, If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) envy of a judgment enforcing this Security Instrument. Those conditions are that Borrower; (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and PLNNSYLVANIA - Sink Family - tLnaie MadFreddk hint UNIFORM INS MUMENT WrM MFRS Form 7019 t01/01) Was yw Past 10 of 11 9KI885PG2472 other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20, Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer(s) and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). PENNSYLVANIA • Single Family • Fannie MdFreddie Mac UNIFORM INSTRUMENT wrr71 MFRS Form 3039 (01101) Mans MTf Page 1) of 13 BK1885PG2473 Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property, If Borrower learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrumeal (but not prior to acceleration under Section 18 unless Applicable Law provides olherwlse). Lender shall ratify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assets in the foreclosure proceeding the nonexistence of a default or any other defense of Borrower to acceleration and foreclosure. If the default Is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding, Lender shall be entitled to collect all expenses incurred In pursuing the remedies provided In this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void, After such occurrence. Lender shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable law. 24, Walvers. Borrower, to the extent permitted by applicable law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff s sale or other sale pursuant to this Security instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security bmstrument shall be a purchase money mortgage. 27. Interest Rate After Judgment Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. PENNSYLVANIA - Siu,gk Family. rYnnk MwlFr,&%Mac UNIFOMI MEREAM 1NSTRUMFIYT Wrt7! ME(LS Farm 1039 (DI/01) Page 12 of 17 9KI885PG2474 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any rider(s) executed by Borrower and recorded with it. Witnesses: rv, (s<al) MICHAEL A. WILES - Borrower Borrower • Burrow. (Seal) • BorrowaT ---------------------------[Space Below This Line For Acknowledgment) -------------------------- STATE OF 0, ) : COUNTY OF Ck..1'?`00=1 " )SS On this, d day of before me, the undersigned officer, personally apppeeared MICHAEL A. WILES AND SHERRY WILES known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. ll ?C/'1?ereunto set my h ffls M d and official seal.- ?ISA R. R Notary Public ?? City of Harrisburg, Dauphin County My Commission Expires July 12, 2005 Title of Officer certificate or Residence 1, within-named Mortgagee is do hereby certify that the correct address of the Witness my hand this day of Agent of Mortgagee P0914SYLVANIA • Sinde Family - Foonk Md!roddia Mac UNIMR11r jj14MUMW4T wrnt MFJtS rbrm 3039 (0 1/0 1) M[R4sn Page t3 of 13 BKI885FG2475 ALL THAT CERTAIN piece or parcel of land with the improvements thereon erected, situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of "D" Street, said point being 325.5 feet west of the northwest corner of "D" Street and Franklin Street; then in a northerly direction along the dividing line between Lot Nos. 53 and 52 of the hereinafter mentioned Plan of Lots, 150 feet to a point on the southern line of a proposed 16 foot public alley; then in a westerly direction along the southern line of said proposed alley, 65 feet to a point; then in a southerly direction along the dividing line between Lot Nos. 52 and 51 of the said Plan, 150 feet to a point on the northern side of "D" Street; thence in an easterly direction along the northern line of "D" Street, 65 feet to a point, the place of BEGINNING. BEING improved with a one-story ranch type dwelling house with stone front, known and numbered as 451 "D" Street, Carlisle, Pennsylvania. BEING Lot No. 52 of that certain Plan of Lots known as the Plan of W.H. Bittinger, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 4, Page 111. BEING THE SAME PREMISES which Max L. Silvis and Eva C. Silvis, husband and wife, Max L. Silvis, Jr., married man, and Clark P. Silvis, married man by deed dated March 14, 2003 and recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Deed Book 256, Page 581 granted and conveyed unto Max L. Silvis, Jr., married man and Clark P. Silvis, married man. T Certify 01;r - in Curl' recur, -d .'ounty PA - ? it •?? ..?... f: ecorder of Deeds 9KI885PG2476 ADJUSTABLE RATE RIDER (LIBOR Index - Rate Caps) IRAN NO. 04102CAP THIS ADJUSTABLE RATE RIDER is made this 15TH day of OCTOBER 2004 , and is incorporated into and shall be deemed to amend and supplement the Mortgage. Deed of Trust or Deed to Secure Debt (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to MERCANTILE MORTGAGE COMPANY A CORPORATION (the "Lender") of the same date and covering the property described in the Security Instrument and located at: 451 'D' STREET CARLISLE, PA 17013 [Property Addrenj THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT THE BORROWER'S INTEREST RATE CAN CHANCE AT ANY ONE TIME AND THE MAXIMUM RATE THE BORROWER MUST PAY. ADDITIONAL COVENANTS- In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANCES The Note provides for an initial interest rate of 7. 900 %. The Note provides for changes in the interest rate and the monthly payments, as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the first day of NOVEMBER 2005 , and on that day every sixth month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index' is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in The Wall Street Journal, The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index." If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information. The Note Holder will give me notice of this choice. MULTISTATE ADJUSTABLE RATE RIDER (LIBOR Iadee) • Sigte Fwrity - Freddie 11rae UNIFORM INSTRUMENT FMAC3192 (11100) Pqe 1 at 3 Form 3192 1/01 BK ! 885P;2477 (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding SIX AND 915 / 1000 percentage points ( 6.915 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that 1 am expected to owe at the Change Data in full on the Maturity Dale at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limits on Interest Rate Changes The interest rate I am required to pay at the first Change Date will not be greater than 10.900 % or less than 7. 900%. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than one percentage point (1%) from the rate of interest I have been paying for the preceding six months. My interest rate will never be greater than 13.900 %, nor less than 7.900 % (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant IS of the Security Instrument is amended to rrad as follows: Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent. Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Leader if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if. (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is. acceptable to lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender may also require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument, ti Borrower tails to pay these sums prior to the expiration of this period. Lender may invokq any remedies permitted by this Security Instrument without further notice or demand on Borrower. MULTISTATE ADJUSTABLE RATE RIDER (LIBOR Ia&4 . Sinak Faarty . Frsdtlk Moc UNIFORM I. MUMENT FMAC3192 (I U0o) Paer 2 or J Form 3145 1101 BKI885PG2478 . ., BY SIGNING BELOW, Burrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. 4. ?.c tC l,[? BQro ) ?? mb ) lIICAAEL A. MILES Bo SBERRYL WI -!Sw Burr) (Seal) Barrawsr (Sign Original Only/ MULTMATB ADJUSTABLE RATE RIDER (LIBOR Inch[) - SIM0 Fanny - Freddie Alae UNIFORM INSTRt1MBNT FMACJ 142 (11/00) Page 3 of 3 Farm 3112 1101 81t 1835PG2479 5 L -hr-- tn , 0 SHERIFF'S RETURN - REGULAR CASE NO: 2007-07299 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER DIS VS WILES MICHAEL A ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WILES MICHAEL the DEFENDANT at 1719:00 HOURS, on the 6th day of December , 2007 at 451 D STREET CARLISLE, PA 17013 by handing to MICHAEL WILES a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 4.80 Affidavit .00 Surcharge 10.00 / .00 32.80 Sworn and Subscibed to before me this day of So Answers: R. Thomas Kline 12/07/2007 MCCABE WEISBERG CONWAY By: Deputy Sheriff A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2007-07299 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND HOUSEHOLD FINANCE CONSUMER DIS VS WILES MICHAEL A ET AL MARK CONKLIN Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WILES SHERRY L the DEFENDANT , at 1719:00 HOURS, on the 6th day of December , 2007 at 451 D STREET CARLISLE, PA 17013 by handing to MICHAEL WILES a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 00 /x??7/b? ?/ 16 00 Sworn and Subscibed to before me this day of So Answers: 4 R. T omas.r ?Kline 12/07/2007 MCCABE WEISBERG CONWAY By: Deputy Sheriff , ------ A. D. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Household Finance Consumer Discount Company V. Michael A. Wiles and Sherry L. Wiles Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 07-7299 civil term 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 $124,200.84 Interest from 12/02/2007 - 01/16/2008 $ 1,630.24 TOTAL $125,831.08 McCABE, WEISBERG AND CONWAY, P.C. BY: , .41,11 Atto s for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE AND NOW, this fi'r"' day of J? , 2008, Judgment is entered in favor of Plaintiff, Househould Finance Consumer Discount Company, and against Defendants, Michael A. Wiles, and Sherry L. Wiles, and damages are assessed in the amount of $ 125,831.08, plus interest and costs. BY HE PRO OTARY- 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 Household Finance Consumer Discount Company V. Michael A. Wiles and Sherry L. Wiles Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 07-7299 civil term 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, Michael A. Wiles, is over eighteen (18) years of age and resides at 451 D Street, Carlisle, PA 17013; and that the Defendant, Sherry L. Wiles, is over eighteen (18) years of age and resides at 451 D Street, Carlisle, PA, 17013. SWORN TO AND SUBSCRIBED BEFORE ME THIS /b DAY OF JA - , 2008. OTARY PUBLIC MCCABE, EISBERG, AND CONWAY, P.C. BY: Atto s for Plaintiff TE NCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Request for Military Status Department of Defense Manpower Data Center Military Status Report Pursuant to the Servicemembers Civil Relief Act Pagel of 2 DEC-27-2007 13:23:19 - Last Name First/Middle Begin Date Active Duty Status Service/Agency WILES Michael A 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. Ohut Irn. AwiA?M- 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: htt %/www.defenselink.miUfa / is/PC09SLDR.htm1 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 12/27/2007 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:EYBUTKNODH https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/27/2007 Request for Military Status Department of Defense Manpower Data Center ID Military Status Report Pursuant to the Servicemembers Civil Relief Act Page 1 of 2 DEC-27-2007 13:25:18 Last Name First/Middle Begin Date Active Duty Status Service/Agency WILES Sherry L 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. HOWEVER, WITHOUT A SOCIAL SECURITY NUMBER, THE DEPARTMENT OF DEFENSE MANPOWER DATA CENTER CANNOT AUTHORITATIVELY ASSERT THAT THIS IS THE SAME INDIVIDUAL THAT YOUR QUERY REFERS TO. NAME AND DATE OF BIRTH ALONE DO NOT UNIQUELY IDENTIFY AN INDIVIDUAL. LA IJ 41%t 7? 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. https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/27/2007 Request for Military Status Page 2 of 2 See: http://www.defenselrnk,. ni1/fad/t)is/PC09SLDR htm1 Report ID: EYCTERSDZI https://www.dmdc.osd.mil/scra/owa/scra.prc_Select 12/27/2007 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 Household Finance Consumer Discount Company V. Michael A. Wiles and Sherry L. Wiles Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 07-7299 civil term 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 /lo DAY OF J'!'" - , 2008. OT, PUBLIC V AN9A , r.4 OF ENt4syL Q e i?L l 1„?} 9?1??3Yc.[''7 PUW 201 McCABE, WEISBERG, AND CONWAY, P.C. BY: Attorne for Plaintiff TE NCE 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 To: Sherry L. Wiles 451 D Street Carlisle, PA 17013 Househould Finance Consumer Discount Company Vs. Michael A. Wiles and Sherry L. Wiles January 3, 2008 Cumberland County Court of Common Pleas Number 07-7299 civil term 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 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 USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA 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 USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y US TED 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 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 McCABE, WEISBER BY: 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 January 3, 2008 To: Michael A. Wiles 451 D Street Carlisle, PA 17013 Househould Finance Consumer Discount Company vs. Michael A. Wiles and Sherry L. Wiles Cumberland County Court of Common Pleas Number 07-7299 civil term 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 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 USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR F.SCRITO CON ESTF TRIBUNAL SIDS DEFENSAS U OBJECIONF.S 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 USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO 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 LEGALI:S A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA, 17013 800-990-9108 MCCABE, WEISBE4G AND 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 attorney 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, WEISBERG AND CONWAY, P.C. BY: Attorneys or Plaintiff TERREN E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE To ? ? " V , OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, , Curt Long Prothonotary To: Michael A. Wiles 451 D Street Carlisle, PA 17013 Household Finance Consumer Discount Company Cumberland County Court of Common Pleas V. Michael A. Wiles and Sherry L. Wiles Number 07-7299 civil term NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. urt Lo Prothonotary X Judgment by Default 0-1102 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. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse,, Curt Long Prothonotary To: Sherry L. Wiles 451 D Street Carlisle, PA 17013 Household Finance Consumer Discount Company Cumberland County Court of Common Pleas V. Michael A. Wiles and Sherry L. Wiles Number 07-7299 civil term NOTICE Pursuant to Rule 236, you are hereby notified E has been entered in the above proceeding as indicated below. x Judgment by Default 1/1710t 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 Househould Finance Consumer Discount Company FILE NO.: 07-7299 civil term Civil Term AMOUNT DUE: $125,831.08 Plaintiff V. Interest $3,039.96 from 1/17/2008 to 6/11/2008 DATE OF SALE plus $20.68 per diem thereafter Michael A. Wiles and Sherry L. Wiles Defendants 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 451 D Street. Carlisle. PA 17013 (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: Ja 5/ Signature: McCABE, WEI , AND CONWAY, P.C. Attorneys f intiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE KEVIN DISKIN, ESQUIRE ?v Op fZi W O a 00 . t 0 0 OBI 1 b a SV-?o?o 0QO$00° p c C? ^ y 4_. r.? -r- N) CD P L J 0 McCABE, WEISBERG AND CONWAY, P.C. BY: TEARENCE J. McCABE, ESQUIRE - ID # 16496 . MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 FRANK DUBIN, ESQUIRE - ID # 19280 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 KEVIN DISKIN, ESQUIRE - ID # 86727 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Househould Finance Consumer Discount Company V. Michael A. Wiles and Sherry L. Wiles Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 07-7299 civil term 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: 451 D Street, Carlisle, PA 17013, 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 Michael A. Wiles Sherry L. Wiles Address 451 D Street Carlisle, PA 17013 451 D Street Carlisle, PA 17013 2. Name and address of Defendants in the judgment: Name Michael A. Wiles Address 451 D Street Carlisle, PA 17013 Sherry L. Wiles 451 D Street Carlisle, PA 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: 4. Name None Address 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 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 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address 451 D Street, Carlisle, PA 17013 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 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 w 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 8. Name and address of Attorney of record: NONE 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`h & 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. Februarv 12. 2008 DATE McCABE, WEIS ERG, ONWAY, P.C. BY: Attorneys f intiff TERRENCE McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE KEVIN DISKIN, ESQUIRE t1? 1 C`7 I,_ CIVIL ACTION LAW 1ousehould Finance Consumer Discount Company COURT OF COMMON PLEAS V. CUMBERLAND COUNTY Michael A. Wiles and Sherry L. Wiles Number 07-7299 civil term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael A. Wiles 451 D Street Carlisle, PA 17013 Sherry L. Wiles 451 D Street Carlisle, PA 17013 Your house (real estate) at 451 D Street, Carlisle, PA 17013 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 $125,831.08 obtained by Househould Finance Consumer Discount Company 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: 1. The sale will be canceled if you pay to Househould Finance Consumer Discount Company 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 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 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, PA 17013 800-990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, PA 17013 800-990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7299 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From MICHAEL A. WILES and SHERRY L. WILES (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 $125,831.08 L.L. $.50 Interest $3,039.96 from 1/17/08 to 6/11/08 Date of Sale plus $20.68 per diem thereafter Atty's Comm % Atty Paid $167.80 Plaintiff Paid Date: 2/14/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs Itrothonot By: 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 Household Finance Consumer Discount Company In The Court of Common Pleas of VS Cumberland County, Pennsylvania Michael A. Wiles and Sherry L. Wiles Writ No. 2007-7299 Civil Term R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Terrence McCabe. Sheriff s Costs: Docketing Poundage Advertising Law Library Prothonotary Mileage Levy Surcharge 30.00 1.95 15.00 .50 2.00 4.80 15.00 30.00 $ 99.25 ?.31 ?VI D$ ?::? So Answers: R. Thomas Kline, Sheriff BYE, Skd Real Estate rgeant 1-2. sa CK-z t- 4.,24ya IR?`-26L73g 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 FRANK DUBIN, ESQUIRE - ID # 19280 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 KEVIN DISKIN, ESQUIRE - ID # 86727 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Househould Finance Consumer Discount Company V. Michael A. Wiles and Sherry L. Wiles Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 07-7299 civil term 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: 451 D Street, Carlisle, PA 17013, 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 Michael A. Wiles Sherry L. Wiles Address 451 D Street Carlisle, PA 17013 451 D Street Carlisle, PA 17013 2. Name and address of Defendants in the judgment: Name Michael A. Wiles Address 451 D Street Carlisle, PA 17013 Sherry L. Wiles 451 D Street Carlisle, PA 17013 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 None 4 Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein. 5 6 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 Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address 451 D Street, Carlisle, PA 17013 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 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 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 Name and address of Attorney of record: NONE 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 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. February 12. 2008 DATE McCABE, WEIS ERG, A ONWAY, P.C. BY: Attorneys f intiff TERRENCE MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE KEVIN DISKIN, ESQUIRE CIVIL ACTION LAW Househould Finance Consumer Discount Company COURT OF COMMON PLEAS V. CUMBERLAND COUNTY Michael A. Wiles and Sherry L. Wiles Number 07-7299 civil term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Michael A. Wiles Sherry L. Wiles 451 D Street 451 D Street Carlisle, PA 17013 Carlisle, PA 17013 Your house (real estate) at 451 D Street, Carlisle, PA 17013 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 $125,831.08 obtained by Househould Finance Consumer Discount Company 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 Househould Finance Consumer Discount Company 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 If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling 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 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. 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. 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. 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 THAT CERTAIN piece or parcel of land with the improvements thereon erected, situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of "D" Street, said point being 325.5 feet west of the northwest corner of "D" Street and Franklin Street; then in a northerly direction along the dividing line between Lot Nos. 53 and 52 of the hereinafter mentioned Plan of Lots, 150 feet to a point on the southern line of a proposed 16 foot public alley; then in a westerly direction along the southern line of said proposed alley, 65 feet to a point; then in a southerly direction along the dividing line between Lot Nos. 52 and 51 of the said Plan, 150 feet to a point on the northern side of "D" Street; THENCE in a easterly direction along the northern line of "D" Street, 65 feet to a point, the place of BEGINNING. BEING improved with a one-story ranch type dwelling house with a stone front, known and numbered as 451 "D" Street, Carlisle, Pennsylvania. BEING Lot No. 52 of that certain Plan of Lots known as the Plan of W.H. Bittinger, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 4, Page 111. BEING KNOWN AS 451 D STREET, CARLISLE, PA 17013. Being the same premises which Max L. Silvis, Jr. and Clark P. Silvis, husband and wife, by deed dated 10/7/2004 and recorded 10/25/2004 in the office of the Recorder in and for Cumberland County in Deed Book 265, Page 4504, granted and conveyed to Michael A. Wiles and Sherry L. Wiles, husband and wife„ in fee. TAX MAP PARCEL NUMBER: 06-19-1643-176 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7299 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From MICHAEL A. WILES and SHERRY L. WILES (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 $125,831.08 L.L. $.50 Interest $3,039.96 from 1/17/08 to 6/11/08 Date of Sale plus $20.68 per diem thereafter Atty's Comm % Due Prothy $2.00 Atty Paid $167.80 Other Costs Plaintiff Paid Date: 2/14/08 Prothonotary (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 Deputy Telephone: 215-790-1010 Supreme Court ID No. 16496 }? F Real Estate Sale # 31 On February 21, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA Known and numbered as 451 D Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 21, 2008 By: 1(VJ,U\?VU Real Estate Sergeant b 4 :b V 5 1933 BQol d 33I83HS IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION FILE NO.: 07-7299 civil term Civil Term Househould Finance Consumer Discount Company V. AMOUNT DUE: $125,831.08 Michael A. Wiles and Sherry L. Wiles INTEREST: from 01/17/08 $12,304.60 at $20.68 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 bf 1974 as amended. PRAECIP„X 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) 451 D Street, Carlisle, Pennsylvania 17013 (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: Signature: Print Name: CCA , WEISBERG AND CONWAY Address: 123 S. Broad Street. Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 0 RLED -'E OF t`'.r?' RY 1 T 0 Ally *a4.000 ed:+ a.. 3A ' it V . 0v " JPt qq.;t. 5 t t tv .e /q.60 tt 't u .*a.00 bve06 Gc?? L??, UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA In re: MICHAEL ANTHONY WILES Chapter 13 SHERRIE LEE WILES Debtors Bankruptcy No. 1:08-bk-00519-RNO HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, OR ITS SUCCESSOR OR ASSIGNEE Movant VS. SHERRIE LEE WILES MICHAEL ANTHONY WILES CHARLES J. DEHART, III, (Trustee) Respondents ORDER In accordance with the Settlement Stipulation, after Notice of Default and upon the filing of Certification of Default, it is hereby ORDERED that the automatic stay of Bankruptcy Code §362(a) be, and the same hereby is, MODIFIED to permit Household Finance Consumer Discount Company, 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: 451 D Street, Carlisle, Pennsylvania 17013. Rule 4001(a)(3) is not applicable and Movant may immediately enforce and implement this order granting relief from the automatic stay. (?'A U, gj?0-5_ Robert N. OpA It Bankruptcy Judge This document is electronically signed and filed on the same date. {BI) Dated: February 18, 2009 Case 1:08-bk-00519-RNO Doc 47 Filed 02/18/09 Entered 02/18/09 15:14:54 Desc Main Document Page 1 of 1 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff 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 CIVIL ACTION LAW Househould Finance Consumer Discount Company V. Michael A. Wiles and Sherry L. Wiles COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 07-7299 civil term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Michael A. Wiles Sherry L. Wiles 451 D Street 451 D Street Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 17013 Your house (real estate) at 451 D Street, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on September 2, 2009 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 $125,831.08 obtained by Househould Finance Consumer Discount Company 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 Househould Finance Consumer Discount Company 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 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. 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. 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 !, LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land with the improvements thereon erected, situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of "D" Street, said point being 325.5 feet west of the northwest corner of "D" Street and Franklin Street; then in a northerly direction along the dividing line between Lot Nos. 53 and 52 of the hereinafter mentioned Plan of Lots, 150 feet to a point on the southern line of a proposed 16 foot public alley; then in a westerly direction along the southern line of said proposed alley, 65 feet to a point; then in a southerly direction along the dividing line between Lot Nos. 52 and 51 of the said Plan, 150 feet to a point on the northern side of "D" Street; THENCE in a easterly direction along the northern line of "D" Street, 65 feet to a point, the place of BEGINNING. BEING improved with a one-story ranch type dwelling house with a stone front, known and numbered as 451 "D" Street, Carlisle, Pennsylvania. BEING Lot No. 52 of that certain Plan of Lots known as the Plan of W.H. Bittinger, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 4, Page 111. Being known as:: 451 D Street, Carlisle, Pennsylvania 17013. BEING the same premises which MAX L. SILVIS, JUNIOR AND CLARK P. SILVIS, HUSBAND AND WIFE by deed dated October 7, 2004 and recorded October 25, 2004 in the office of the Recorder in and for Cumberland County in Deed Book 265, Page 4504, granted and conveyed to Michael A. Wiles and Sherry L. Wiles in fee. TAX MAP PARCEL NUMBER: 06-19-1643-176 v McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 1649( MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34681 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Househould Finance Consumer Discount Company Plaintiff V. Michael A. Wiles and Sherry L. Wiles Defendants Name and address of Owners or Reputed Owners 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:451 D Street, Carlisle, Pennsylvania 17013, a copy of the description of said property being attached hereto and marked Exhibit "A." Name Michael A. Wiles Sherry L. Wiles 2 Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 07-7299 civil term Address 451 D Street Carlisle, Pennsylvania 17013 451 D Street Carlisle, Pennsylvania 17013 Name and address of Defendants in the judgment: Name Michael A. Wiles Sherry L. Wiles Address 451 D Street Carlisle, Pennsylvania 17013 451 D Street Carlisle, Pennsylvania 17013 t 416 3 4 5 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Address Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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/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 PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 451 D Street Carlisle, Pennsylvania 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 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 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales United States of America Domestic Relations Cumberland County United States of America 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 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. May 21, 2009 DATE T RRE 'E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff .,o .. OF THE 2CO9 H AY 27 Pi I : 3 1 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 07-7299 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From MICHAEL A. WILES AND SHERRY L. WILES (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 $125,831.08 L.L. Interest FROM 1/17/08 - $12,304.60 AT $20.68 Atty's Comm % Atty Paid $288.55 Plaintiff Paid Due Prothy $2.00 Other Costs Date: MAY 27, 2009 R. Long, Prothonotary (Seal) REQUESTING PARTY: Name MARGARET GAIRO, 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. 34419 Deputy 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 Househould Finance Consumer Discount Company Plaintiff V. Michael A. Wiles and Sherry L. Wiles Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 07-7299 civil term AFFIDAVIT OF SERVICE I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the IOth day of June, 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 I O'H DAY OF JUNE, 2009 N TARY PUBLIC COMMONWEALTH OF P MNSYLVANIA NOTARIAL SEAL GLORIA D. MITCHELL, Notary Public Ciby of Ph' , Phila. County CommWw EVku JL" 2,2611 TERRENCE J. McCABE, ESQUIRE 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 Househould Finance Consumer Discount Company Plaintiff V. Michael A. Wiles and Sherry L. Wiles Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 07-7299 civil term 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:451 D Street, Carlisle, Pennsylvania 17013, a copy of the description of said property being attached hereto and marked Exhibit "A." Name and address of Owners or Reputed Owners Name Michael A. Wiles Sherry L. Wiles Address 451 D Street Carlisle, Pennsylvania 17013 451 D Street Carlisle, Pennsylvania 17013 2. Name and address of Defendants in the judgment: Name Michael A. Wiles Sherry L. Wiles Address 451 D Street Carlisle, Pennsylvania 17013 451 D Street Carlisle, Pennsylvania 17013 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein 5. Name and address of every other person who has any record lien on the property:. Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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/Occupants Address 451 D Street Carlisle, Pennsylvania 17013 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 PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 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 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 United States of America Domestic Relations Cumberland County United States of America 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 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. May 21.2009 T E E J. McCABE, ESQUIRE 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 Househould Finance Consumer Discount Company Plaintiff V. Michael A. Wiles and Sherry L. Wiles Defendants DATE: June 10, 2009 TO: ALL PARTIES IN INTEREST AND CLAIMANTS Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 07-7299 civil term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Michael A. Wiles and Sherry L. Wiles PROPERTY: 451 D Street, Carlisle, Pennsylvania 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 2, 2009 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. • ?O OD v O? tJ? A W N h+ ° 5 y S N 4 m yaymA O O ? ? ? ? C 'fl ^ yrom?> ? o rti v? ?° p, mo A O ?ONC.A w n° w oa 0 w A z c ° o A, Q, a Ch n O m t4 C [J A n d N A ° C 7 So?^a[ ?xnon xbbdv xb$'Jd?]C CL'O°?pwA 'e1poA xbdn f7 A y ??o a o woo n Y U • O . n A O• ?•1 ; ei '^O ° •mS O •ms O C: ?f n'0 ?s m eC gS C O e. O S O m ee O Cn ?s n n S o ?S-3. am m B e d o o t'?? ? ?'?7e ? B p oe 3 ? 0'O 3 `? m Q a oMa o move Z?' B W07mA bbd <A G' o7.mg ar?? _ lm - W tre00 Qoeo O m;r cre 000 o mo?'o coOo C7 or - or It rb$ SC 0 MO ?C1 K 0f C•tt N pa? C a C7 p p O O .'?-O O e K 'q0 C n P En ere $ 6 w^ C ! = W rig 0a pNpn? 00 ?°m m O ao p?A ?A ?•? A A 0? aC A by N 0 _ a o D 7CC O ?'S m$ A .p N w C< m ?+O r•7 O m m JSm N rw ., O bA O O O b'O A ,;, bN ? bO\ ??. _. o ee Y e e?p m o ywB _ m .,. Y? K Q Y n Q m ?. CT - .. 0 v ° o a?v? p ?? ?n Foe _o•g v o -0 O.°, `? $ 3 '-' •s ° e !C N tv c N (b o o m ,y N < m b ° o ?d c ° 'b C L' ??? o y A 7 p 00 A 40 w m OD G• _ ^ W VJ n ^ U A y co Am N?CI'D 0 m N A $A ?OKUe f, w A? w gam' 7'! e W N `< W 00 R O a! eC ?t '?' g, f4 A O CL AM ?rMp O ! .r < ! J$C '' WAo e o a - e 3 m n ro E' w o = §s o ro a 3 0 A N $ K d Lft 0 b Y D o o uN?r?o F= - m A s? O o -n m N fi O ZO "i x x r, C H w „O„ r O es P'+ az .? c n ? a? 'e O?bH ?n n d O m roG O N m ?N?7 X0 Wn b da w ? ? W ENO r+ . ?y( 4 ?pG.fO A ?A'7 p O W K y 000 ? f7 CI FILED -,0'r; GE: OF TNT 2609 JUN 15 Ffi l : 47 ':u ; `t CiIfaf ? 1-A COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which HOUSEHOLD FINANCE CONSUMER DISCOUNT CO is the grantee the same having been sold to said grantee on the 2ND day of SEPTEMBER A.D., 2009, under and by virtue of a writ Execution issued on the 27 day of MAY, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2007 Number 7299, at the suit of HOUSEHOLD FINANCE CONS DISC CO against MICHAEL A WILES & SHERRY L is duly recorded as Instrument Number 200933418. IN TESTIMONY WHEREOF, I have he,,reunto set my hand and seal of said office this p? ?-- day of of Deeds p*Xf4m d Da;4a, Cuimraw c%" c4A1. PA MY Sion Expae? ft FW Mw,(Wy a,W, MG Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor ?Q?t?tr of ?1r?rt?r?.f?rr OFF WX OF r ME ZRJFF RL`E`. _ ...i" yr ? ? .. . _? Ll„?Y r- 2U'29SK-P29 Household Finance Consumer Discount Company Case Number vs. Michael A Wiles 2007-7299 SHERIFF'S RETURN OF SERVICE 06/24/2009 09:02 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 24, 2009 at 2059 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 Michael A. Wiles and Sherry L. Wiles, located at, 451 D Street, Carlisle, Cumberland County, Pennsylvania according to law. 06/24/2009 09:02 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 24, 2009 at 2059 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: Michael A. Wiles, by making known unto, Michael A. Wiles, personally, at, 451 D Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same, 06/24/2009 09:02 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 24, 2009 at 2059 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: Sherry L. Wiles, by making known unto, Sherry L. Wiles, personally, at, 451 D Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same, 09/03/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on September 2, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $ 1.00 to Attorney Margaret Gairo, on behalf of,Household Finance Consumer Discount Company, of, 5701 East Hillsborough Avenue, Tampa, FL, 33610, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 909.84 SHERIFF COST: $909.84 September 11, 2009 ? 1 ° / 5l o Q 9, SO ANSWERS, ?1111000-a4wl? -Ie R THOMAS KLINE, SHERIFF `fg, w a•`?' Sb . t . Ck 7 J 9w dal z 3J.2 92 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff 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 Househould Finance Consumer Discount Company CUMBERLAND COUNTY Plaintiff V. Michael A. Wiles and Sherry L. Wiles Defendants COURT OF COMMON PLEAS NO: 07-7299 civil term 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.-451 D Street, Carlisle, Pennsylvania 17013, a copy of the description of said property being attached hereto and marked Exhibit "A." Name and address of Owners or Reputed Owners Name Michael A. Wiles Sherry L. Wiles Address 451 D Street Carlisle, Pennsylvania 17013 451 D Street Carlisle, Pennsylvania 17013 2. Name and address of Defendants in the judgment: Name Michael A. Wiles Sherry L. Wiles Address 451 D Street Carlisle, Pennsylvania 17013 451 D Street Carlisle, Pennsylvania 17013 3. 4 5. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Address Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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/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 PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 451 D Street Carlisle, Pennsylvania 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 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 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales United States of America Domestic Relations Cumberland County United States of America 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 I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. May 21, 2009 DATE T RRE E J. McCABE, ESQUIRE MARC . 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 Attorneys for Plaintiff 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 CIVIL ACTION LAW Househould Finance Consumer Discount Company COURT OF COMMON PLEAS V. CUMBERLAND COUNTY Michael A. Wiles and Sherry L. Wiles Number 07-7299 civil term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Michael A. Wiles Sherry L. Wiles 451 D Street 451 D Street Carlisle, Pennsylvania 17013 Carlisle, Pennsylvania 17013 Your house (real estate) at 451 D Street, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on September 2, 2009 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 $125,831.08 obtained by Househould Finance Consumer Discount Company 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 Househould Finance Consumer Discount Company 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 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. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 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 LEGAL DESCRIPTION ALL THAT CERTAIN piece or parcel of land with the improvements thereon erected, situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of "D" Street, said point being 325.5 feet west of the northwest corner of "D" Street and Franklin Street; then in a northerly direction along the dividing line between Lot Nos. 53 and 52 of the hereinafter mentioned Plan of Lots, 150 feet to a point on the southern line of a proposed 16 foot public alley; then in a westerly direction along the southern line of said proposed alley, 65 feet to a point; then in a southerly direction along the dividing line between Lot Nos. 52 and 51 of the said Plan, 150 feet to a point on the northern side of "D" Street; THENCE in a easterly direction along the northern line of "D" Street, 65 feet to a point, the place of BEGINNING. BEING improved with a one-story ranch type dwelling house with a stone front, known and numbered as 451 "D" Street, Carlisle, Pennsylvania. BEING Lot No. 52 of that certain Plan of Lots known as the Plan of W.H. Bittinger, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 4, Page 111. Being known as:: 451 D Street, Carlisle, Pennsylvania 17013. BEING the same premises which MAX L. SILVIS, JUNIOR AND CLARK P. SILVIS, HUSBAND AND WIFE by deed dated October 7, 2004 and recorded October 25, 2004 in the office of the Recorder in and for Cumberland County in Deed Book 265, Page 4504, granted and conveyed to Michael A. Wiles and Sherry L. Wiles in fee. TAX MAP PARCEL NUMBER: 06-19-1643-176 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 07-7299 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due HOUSEHOLD FINANCE CONSUMER DISCOUNT COMPANY, Plaintiff (s) From MICHAEL A. WILES AND SHERRY L. WILES (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 $125,831.08 L.L. Interest FROM 1/17/08 - $12,304.60 AT $20.68 Atty's Comm % Due Prothy $2.00 Atty Paid $288.55 Other Costs Plaintiff Paid Date: MAY 27, 2009 (Seal) REQUESTING PARTY: Name MARGARET GAIRO, 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. 34419 LcPuLy Real Estate Sale # On May 28, 2009 the Sheriff levied upon the defendant's interest in the real,property situated in Borough of Carlisle, Cumberland County, PA Known and numbered as, 451 D Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 28, 2009 By: Real Estate Coordinator Azz Wel Z ? c 8 Z ?VN V 0 Z 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: July 24, July 31 and August 7, 2009 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. SWO before me this 7 da of Au st 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 RRIIL NWAIM GAL3 NO. 95 Writ No. 2007-7299 Civil Household Finance Consumer Discount Company vs. Michael A. Wiles Sherry L. Wiles Atty.: Margaret Gairo ALL THAT CERTAIN piece or par- cel of land with the improvements thereon erected, situate in the Bor- ough of Carlisle, County of Cumber- land and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of `D' Street, said point being 325.5 feet west of the north- west corner of D' Street and Franklin Street; then in a northerly direction along the dividing line between Lot Nos. 53 and 52 of the hereinafter mentioned Plan of Lots, 150 feet to a paint on the southern line of a pro- posed lb foot public alley; tb a is a ,westerly direction the souhern line of said proposed ,fps lest to a putt; then in a southerly along the divkbng line between Lot Nos. 52 and 51 off the said Plan, 150 feet to a point on the northern side of 'D Street; THENCE in a easterly direction along the northern line of `D Street, 65 feet to a point, the place of BEGINNING. BEING improved with a one-story ranch type dwelling house with a stone front, known and numbered as 451 `D' Street, Carlisle, Pennsyl- vania. BEING Lot No. 52 of that certain plan of Lots known as the Plan of W.H. Bittinger, said Plan being re- corded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan Book 4, Page 111. Being known as: 451 D Street, Carlisle, Pennsylvania 17013. BEING the same premises which MAX L. SILVIS, JUNIOR AND CLARK P. SILVIS, HUSBAND AND WIFE by deed dated October 7, 2004 and recorded October 25, 2004 in the of- fice of the Recorder in and for Cum- berland County in Deed Book 265, Page 4504, granted and conveyed to Michael A. Wiles and Sherry L. Wiles in fee. TAX MAP PARCEL NUMBER: 06- 19-1643-176..._______ The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Ile Patr1*otwXtws Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she'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 she 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: 07/24/09 07/31/09 08/07/09 Sworn to and COMMONWEALTH OF PENNSYLVANIA Notarial Seal Shwft L. Kiener, Notary Public City Of Harrietwrg; Dauphin Courdy My ConxnNWw E*Ru Nov. 26, 2011 Member, Pennsylvania Association of Notaries Sale No. 95 Writ No. 2007-7299 Civil Term 'lousehold Finance Consumer Discount Company vs. Michael A Wiles Sherry L Wiles Atty: Margaret Gairo ALL THAT CERTAIN piece or parcel of land with the improvements thereon erected, situate in the Borough of Carlisle, County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the northern line of `D' Street, said point being 325.5 feet west of the northwest comer of D' Street and Franklin Street; then in a northerly direction along the dividing line between Lot Nos. 53 and 52 of the hereinafter mentioned Plan of Lots, 150 feet to a point on the southern line of a proposed 16 foot public alley; then in a westerly direction along the southern line of said proposed alley, 65 feet to a point; then in a southerly direction along the dividing line between Lot Nos. 52 and 51 of the said Plan, 150 feet to a point on the northern side of 'D Street; THENCE in a easterly direction along the northern line of `D Street, 65 feet to a point, the place of BEGINNING. BEING improved with a one-story ranch type dwelling house with a stone front, known and numbered as 451 `D' Street, Carlisle, Pennsylvania. BEING Lot No. 52 of that certain Plan of Lots known as the Plan of W.H. Bittinger, said Plan being recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Plan gook 4, Page 111. Being known as: 451 D Street, Carlisle, Pennsylvania 17013. BEING the same premises which MAX L. SILVIS, JUNIOR AND CLARK P. SILVIS, HUSBAND AND WIFE by deed dated October 7, 2004 and recorded October 25, 2004 in the office of the Recorder in and for Cumberland County in Deed Book 265, Page 4504, granted and conveyed to Michael A. Wiles and Sherry L. Wiles in fee. TAX MAP PARCEL NUMBER: 06-19-1643-176