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HomeMy WebLinkAbout08-1235IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., CIVIL DIVISION Plaintiff, Vs. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. TO DEFENDANT You are hereby notified to plead to the ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF O$3 F1- IFF I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 4600 Regent Blvd., Suite 200 Irving, TX 75063 AND THE DEFENDANT IS 5 Clearview Drive Carlisle, PA 17013 IFF CERTIFICATE OF LOCATION I HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFECTED BY THIS LIEN IS 5 Clearview Drive, North Middleton (CITY, BORO, TOWNSHIP) (WARD) O TIFF r NO.: 08- ?a35 TYPE OF PLEADING 0,1v?l ler-r?, CIVIL ACTION-COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF PLAINTIFF: American Home Mortgage Servicing, Inc. COUNSEL OF RECORD FOR THIS PARTY: Joseph A. Fidler, Esquire Pa. I.D. #87325 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE CIVIL DIVISION SERVICING, INC., NO. Plaintiff, VS. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., CIVIL DIVISION NO. 7k- 1235- Plaintiff, vs. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE American Home Mortgage Servicing, Inc., by its attorneys, Grenen & Birsic, P.C., files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff is American Home Mortgage Servicing, Inc., which has its principal place of business at 4600 Regent Blvd., Suite 200, Irving, Texas 75063 and is authorized to do business in the Commonwealth of Pennsylvania. 2. The Defendant, Randi Bruce Thickey a/k/a Randi - Bruce Thickey, is an individual whose last known address is 5 Clearview Drive, Carlisle, Pennsylvania 17013. 3. On or about April 29, 2005, Defendant executed a Note in favor of American Home Mortgage Acceptance, Inc., in the original principal amount of $146,400.00. A true and correct copy of said Note is marked Exhibit "A", attached hereto and made a part hereof. 4. On or about April 29, 2005, as security for payment of the Note, Defendant made, executed and delivered to, American Home Mortgage Acceptance, Inc. a Mortgage in the original principal amount of $146,400.00 on the premises hereinafter described, the Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on May 2, 2005 in Mortgage Book Volume 1905, Page 3172. A true and correct copy of the Mortgage, containing a description of the premises subject to the Mortgage ("Mortgaged Premises"), is marked Exhibit "B", attached hereto and made a part hereof. 5. American Home Mortgage Acceptance, Inc. assigned all of its right, title and interest in and to the Mortgage and Note to Plaintiff pursuant to the terms of a certain Assignment of Mortgage. 6. Defendant is the record and real owner of the aforesaid Mortgaged Premises. 7. Defendant is in default under the terms of the Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. Defendant is due for the October 1, 2006 payment. 8. On or about November 29, 2007, Defendant was mailed a Notice of Homeowner's Emergency Mortgage Assistance Act of 1983 ("Act 91 Notice") in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983, as amended. 9. Plaintiff was not required to send Defendant a separate Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq., as a result of sending the Act 91 Notice. 10. The amount due and owing Plaintiff by Defendant is as follows: Principal $144,345.31 Interest to 2/20/08 $ 14,640.90 Late Charges to 2/20/08 $ 865.62 Escrow Deficiency to 2/20/08 $ 3,591.15 Corporate Advances $ 264.00 Attorney's fees $ 1,250.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $167,456.98 WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $167,456.98 with interest thereon at the rate of $27.19 per diem from February 20, 2008, and additional late charges, additional reasonable and actually incurred attorney's fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the Mortgaged Premises. GRENEN & BIRSIC, P.C. BY: sep Fidler, Esquire A rneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 THIS IS AN ATTEMPT TO COLLECT A DEBT, AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. EXHIBIT "A" NOTE DUel 5 ca Ittn,J - Per. [State] :an ( 5 CLEARV:Sw I_LSt, PA .7= (Property Addreael 1. BORROWER'S PROMISE TO PAY In return for a loan that I have received. I promise to pay U.S. S '4 (this amount is called 'Principal'). plus interest. to the order of the Lender. The Lender is Ame:.can H nE M: _tgage Acce--tance, :nc . 1 will make all payments under this Note in the form of cash, check or money order. 1 understand that the Lender may transfer this Note. The Lender or aayone who takes this Note by transfer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will, he charged on unpaid principal until the full amount of Principal has been paid. 1 will pay interest at a yearly rate of 6.275 rc. The interest rate required by this Section 2 is the rate I will pay both before and after any default described in Section 6(B) of this Note. 3. PA"IENTS (A) Time and Place or Payments 1 will pay principal and interest by making a payment every month. 1 Will make my monthly payment on the =st day of each month begianing oo June -'?-5 1 will make these payments everv month until I have paid all of the principal and interest and any other charges described below, that I may owe under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on Nay 2 -'-5 I still owe amounts urder this Note. 1 will pay those amounts in full on that date. which is called the "Maturity Date." I will make my monthly payments at PO Scz c'c, 29, ra__as, ^'t 75266-ZJ2? or at a different place if required by the Note Holder. (B) Amount of Monthly Payments My monthly payment will be is the amount of U.S.S 96:.74 4. BORROWER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment." When 1 make a Prepayment, I will tell the Note Holder in writing that 1 am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. I may make a full Prepayment or partial Prepayments without paying a Prepayment charge. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due date or in the amount of my monthly payment unless the Note Holder agrees in writing to those changes. t:315i91 A?PL 4:::C-_953i- >IULTISTATE FIXED RATE NOTE-Single Famllv- Faatde Ntae/FnddIe Met: UNIFOR.N INSTRUMENT VYi: .... dM -SN ,mar, Form 3300 1101 •VMF MORTGAGE WR.MS-,amd'I-M ?. - hp t a 3 tom,: /?3 11111111 _%6 5. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges, is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this lose exceed the permitted limits, then: (a) any such loan charge shall he reduced by the amount necessarv to reduce the charge to the permitted limit: and (b) anv sums alreadv collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal 1 owe under this Note or by making a direct payment to me. If a refund reduces Principal, the reduction will be treated as a partial Prepayment. 6. BORROWER'S FAILURE TO PAY AS REQUIRED IA) Late Charge for Overdue Pavments If the Note Holder has not received the full amount of any monthly payment by the end of calendar days after the date it is due. I will pay a late charge to the Note Holder. The amount of the charge will be c ...: % of my overdue payment of principal and interest. I will pay this late charge promptly but only once on each late payment. (B) Derault If I do not pay the full amount of each monthly payment on the date it is due. I will be in defuuh. (C) Notice or Default If 1 am in default. the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal. which has not been paid and all the interest that I owe on that amount. That date must be at least 30 davs after the date on which the notice is mailed to me or delivered by other means. (D) No Waiver By Note Holder Even if. at a time when I am in default, the Note Holder does not require me to pa} immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. lEl Payment of Note Holder's Costs and Expenses If the Note Holder has required me to pay immediately in full as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent Got prohibited by applicable law. Those expenses include, for example, reasonable attorneys' fees. 7. GIVING OF NOTICES Unless applicable low requires a different method, any notice that must be given to me under this Note will be given by delivering it or by mailing it by first class mail to me at the Property Address above or at a different address if 1 give the Note Holder a notice of my different address. Any omice that must be given to the Note Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section NA) above or at a differeot address if I am given a notice of that different address. 8. OBLIGATIONS OF PERSONS UNDER THIS NOTE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note. including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things. Any person who takes over these obligations. including the obligations or a guarantor, surety or endorser of this Note, is also obligated to keep all of the promises made in this Note. The Note Holder may enforce its rights utder this Note against each person individually or against all of us together. This means that any one of us may be required to pay all of the amounts owed under this Note. 9. WAIVERS 1 and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Presentment" means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other persons that amounts due have not been paid. Doc M:31o592 A??L 0:3:0'.19514 Form 3200 Ul `iLGL?+ ®-5N iMas. rapid? taMWa: • . -de; 10. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder tinder this Note, a Mortgage, Deed of Trust, or Security Deed (the "Security Instrument"). dated the same date as this Note, protects the Note Holder from possible losses which might result if I do not keep the promises which I make in this 'Note. That Security Instrument describes how and under what conditions 1 may be required to male immediate payment in full of all amounts I owe under this Note. Some of those conditions are described us follows: If all or any part of the Property or any Interest in the Property is sold or transferred for 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 lostrumem:. However. this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Leader 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 1= 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•Securit' Instrument without further notice or demand on Borrower. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. (Seal) (Seal) R.nc= 3p.Uz:E ?F1_ F!$: Borrower -Borrower fell IV7womor -(Seal) (Seal) -Borrower -Borrower -(Seal) -Borrower -(Seal) -Borrower wwaffmaw IM: ACCEPTANCE. INC, A?p?I1\ VAbti LVIZ ASST, SECRETARY (Seal) .Borrower -(Seal) -Borrower /Sign Original Onhl a7: 0:31 i0a A??L 1f :::':':-4535' ®? 00 n ear, t d , Form 32001/01 • EXHIBIT "B" WE DO [IL I WITHIN TO BE COPY 99K Prepared By: Parcel Numper: ISpace Above This Une For Recording Data] MORTGAGE :RTIFY THE AND CORRECT FILED OF RECORD DEFINITION'S Words used in multiple sections of this document are defined below and other words are defined in Sections 11. 13. 1S,'-0 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. IA) "Security Instrument" means this document. which is dated Ap_-= - , 2-.- together with all Riders to this document. (B) "Borrower" is FAN1:= BF.UZE Borrower is the mortgagor under this Security Instrument. IC) "Lender" is Ane__can Hane Fb :tgage Ac:-c:ar..- =n?• Lender is a Uu:eo:at:un 'J^ 4051'?_1 AM 0' 4- PEN,;SYLVA%'LA . Sinnle Family • Fannie Mae/Freddie M., UNIFORM INSTRt;%IES;T F,wm 3039 1101 rap ? a ie ..... •..., u:?.: ?_r of 16 ) oooe- , + 11111111111 ? I? II? I?I vN4P MORTGAGE F00.MS _ 19001 ."I organized and existing under the law's of : Lender's address is =.- =---=•`<='-- ?'`-' Lender is the mortgagee under this Security Instrument. ^ (D) "Note" means the promissory note signed by Borrower and dated A:= it ` v V The Note states that Borrower owes Lender s-" Dollars (v-s. S-4 plus interest. Borrower has promised to pay' this dept in regular Periodic - Payments.and to pay the debt in full not later than >tar _, '. ' IE) "Property" means the property that is described below' under the heading "Transfer of Rights in the Property." (F) "Loan" means the debt evidcaced by the vote. plus interest. any prepayment charges and late charges due under the Note. and all sums due under this Security Instrument, plus interest. (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable): Adjustable Rate Rider G Condominium Rider Second Hume Rider I Balloon Rider ?_ Planned Unit Development Rider 1 1-t Family Rider VA Rider )J Biweekly Payment Rider LJ otherts) [specify) JR) "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. (1) "Community Association Dues. Fees, and Assessments" means all dues, fees. assessments and other charges that are imposed on Borrower or the Propem' by a condominium association. homeowners association or similar oreaaizatioo. (J) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check. draft, or similar paper instrument. which is initiated through an electronic terminal, telephonic instrument. computer. or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited w. point-of-sale transfers. automated teller machine transactions, transfers initiated by telephone, wire.transfers. and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "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: (u) condemnation or other taking of all or any part of the property: (ui) conveyance in lieu of condemnation: or (IV) misrepresentations of, or omissions as to, the value andror condition of the Property. (M) "Mortgage Insurance" means insurance protecung Lender against the nonpayment of, or default on. the Loan. (N) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. -cc dm.&Pm ows, m ?W;.1 is 4i,wk: Form 3039 UUI -fr f0) "RESPA" means the Real Estate Settlement Procedures Act (1_ l..S.C.Section :60! et seq.) and its imolemtnting regulation. Regulation R ('-J C.F.R. Part 3500). as they might be amonded iron time to lime. 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_thn are imposed in rceard to a "federallt related mortgage loan" even if the Loan does not qualify as a "federally related murm3ce loan" under RESPA. (P) "Successor in Interest or 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 1N THE PROPERTY This Securitv Instrument secures to Lender: (i) the repayment of the Loan, and all renewals. extensions and modifications of the rote; and (ii) the performance of Borrower's covenants and agrecmenu under this Security Instrument and the Note. For this purpose. Borrower does hereby mortgage, grant and convey to Lender the fnllnwing descrihed property located in the C ur Mw of Reeordine Jurisdiction) of --'J b!3E=:LAt1 IN+rtle of Recording Jurisdietioal: which currently has the address of 5 CLEARV:ZN DF.:VE Istrrr) Ca:_'s:e ICityl, Pennsylvania :7:_3 IzipCO&I ("Property Address"): TOGETHER WITH all the improvements now or bereafter erected on the property, and all easements. appurtenances, and CL-Lures now or hereafter a part of the property. All replacements and additions shall also be coveted by this Security Instrumeot. All of the foregoing is referred to in this Security Instrument as the "Property." Doc rip yaro Form 3039 1101 dM6(PAt aa- -4d%, ALL THAT CERTAIN tract of land with the improvements thereon erected situate in North Middleton, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the East side of Clearview Avenue (33 feet wide) at line of lot no. 16 on the plan of lots of Hill Top Manor, as recorded in the Cumberland County Recorder of Deeds Office in Plan North 81' d Page 39; 30 thence from said beginning point by the line of lot no. 16, now or formerly of Ralph R. Moran, 22 degrees 30 minut s minutes East 150 feet to a point; thence by land of Arthur R. and Gladys E. Klinger, South East 100 feet to a point; thence by the some South 77 degrees 20 minutes East 24.69 feet to a point; thence by the line of lot no. 19 on said plan, now or formerly of Lee R. Bear, at ux., South 12 degrees 30 minutes West 150 feet to a point at the Northern line of Bellaire Avenue; thence by the Northern line of Bellaire Avenue North 77 degrees 20 minutes West 61.0 feet to a point; thence by a curve to the right having a radius of 80 feet, the are distance of 76.56 feet to a point; thence by the Eastern line of Clearview Avenue North 22 degrees 30 minutes West 136.31 feet to a point, the Place of BEGINNING. BORROWER CO%ENA.NTS 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 coca - raoccs of record. Borrower warrants and will dcfcad ecncraliv the title to the Prope^y against all claims and demands. subject to any eacumbrances 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. UNIFORIM COb'EN.Ats'TS. Borrower and Leader covenant and agree as follows: 1. Payment of Principal, Interest. Escrow Items. Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of. and interest on. the debt evidenced by the Note and aay prepayment charges and late charges due under the Note. Borrower shall also paY funds for Escrow Items pursuant to Section :,. Puyments 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. Leader may require that any or all subsequent payments due under the Note and this Security Instrument he made in one or more of the following forms. as selected by Lender: (a) cash; (b) money order: (c) certified check. bank check, treasurer's check or cashier's check, provided any such check is drawn upon an 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 Leader in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan cur-,COL. Lender may accept any payment or partial payment insufficient to bring the Loan current. without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future. but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time. Lender 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 iu 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 =, all paymcnts 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 Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amountq shall he 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 Leader receives a payment from Borrower for a delinquent Periodic Payment which includes u sufficieat 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 Pavment 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 :.7L 0:317a-4 A??L nee + a 16 Form 3039 V01 ®?6(PAt ?oaon, .sr full. To the extent that a0v excess exists after the payment is applied to the full payment of one or more Periodic Payments. such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the vote. Any application of payments. insurance proceeds. or Miscellaneous Proceeds to principal due under the Dote shall not extend or postpone the due date, or change the amount, of thSPeriodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the ?dote, un[d the (Vote is paid in full. a sum (the "Funds') to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority Over this Security InSMUMCnt as a lien or encumbrance on the Property: (b) leasehold payments or ground rents on the Property, if any: (c) premiums for any and all insurance required by Lender under Section i; and till Mortgage losurance premiums, if any. or any sums payable by Borrower to Leader in lieu of the payment of Mortgaec' lasurance premiums in accordance with the provisions of Section 10. These items are called "EscrowItems."At origination or at an time during the term of the Loan. Lender may require that Community Association Dues, Fees. and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver. Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligatioa to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument. as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item. Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then he obligated under Section 9 to repay to Lender any such amount. Leader may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time. collect nod hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the Lime specified under ILESPA, and (b) not to exceed the maximum amount a leader can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal uccncy. instrumentality, or catity (including Leader, if Lender is an institution whose deposits arc so insured) or in any Fcdcml Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Leader 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 un ugreement is mode in writing or Applicable Law requires interest to be paid on the Funds. Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Doc i:i:'? hp : a to Form 3039 VOL ®a*FA) Eton, _.E Funds. Lender shall give to Borrower. without charge. no annual accounting of the Funds as required b% RESPA. if there is a surplus of Funds held in escrow, as defined under RESPA. Lender shall a:coun: :o Borrower for the excess funds in accordance with RESPA. If there is a shoring: of Funds held in escrow. as defined under RESP,?. Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to male up the shortage in accordance with RESPA. but in no more than 1. monthly payments. if there is a deficicnty of Funds held in escrow. as defined under RESPA. Leader shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make u: the deficieacv in accordance with RESPA. but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument. Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges: Uens. Borrower shall pay all taxes. assessments. charges. fines. and imposition: attributable to the Property which can attain priority over this Security Instrument, leaschold payments or ground rents oo the Property, if any. and Community Association Dues. Fees. and Assessments. if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: ta) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable it, 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 w Leader subordinating the lien to this Security Instrument. If Lender determines that any pan of the Property is subject to a lien which can attain priority over this Security Instrument, Leader 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. Leader 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. 5. Properly 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 rcquires 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 not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination. certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappiogs or similar changes occur which reasonably might affect such determination or certification. Burrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any hood zone determination resulting from an objection by Borrower. -cc l:31__ o A??L uru.: r,re i a to Furnt 3039 1101 -6rP.11 a?'? If Borrower fails to maintain any of the coverages described above. Leader may obtain insurance coverage. at Lender's option and Borrower's expense. Lender is under no obligation to purchase an particular type or amount of coverage. Therefor., such coycnge shall cover Lcndc:. but might or might apt protect Borrower. Borrower's equity in the Property. or the contents of the Property. against any risk. hazar;! 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 tout Burrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest. upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause. nod shall name Leader as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires. Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower 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 us mortgagee aodror as an additional loss payee. in the event of loss. Borrower shall gave 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 Lcoder has had an opportunity to inspect such Property to ensure the work has been completed to Leader'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 prngrecc payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds. Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters. or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened. the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due. with the excess, if any. paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim nod related maucrs. If Borrower does not respond within 30 davs to n notice from Lendcr that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Leader acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds is an amount not to cxrvt:d the amounts unpaid under the Note or this Security Instrument. and (b) any other of Borrow'er'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 Puy amounts unpaid tinder the Note or this Security Instrument. whether or not then due. d lir"a to Form 3079 1101 ®b(PA) ,papa m ,me,: 6. Occupancy. Burrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 davs after the execution of this Security Instrument and shall continue to occupy the Prorcay as Borrower's principal residence fur at least one year after the date of occuoan«. unless Lender othcnyis 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 commit waste Lm the Property. Whether or oot Borrower is residing in the Property. Borrowe: shall maintain the Property in order to preyeot the Property from deteriorating or dweasing 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. Leader may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restnre the Property. Borrower is not relieved of Borrower's obligation for the completion of such repair o: restoration. Lender or its agent may make reasonuble entries upon and inspections of the Property. If it has reasonable cause. Lender may inspect the interior of the improvements on the Property. Leader shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrow'er's Loan Application. Borrower shall be in default if. during the Loan application process. Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false. misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to. representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. I (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument. (b) there is •a legal proceeding that might significantly uffect Lender's interest in the Property and/or rights under this Securitv Instrument (such as a proceeding in bankruptcy, probate. for condemnatioo or forfeiture, for eaforcement 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 rigbts under this Securitv Instrument, including protecting andlor assessing the value of the Property. and securing and/or repairing the Property. Lender's actions can include. but arc not limited to: (a) paying any sums secured by a lien which has priority over this Security Instrument;, (b) appearing in court; and act paying reasonable attorneys' fees to protect its interest in the Property and?or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes. but is not limited to, entering the Property to make repairs, change hocks. replace or board up doors and windows, drain water from pipes. eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Ccc 0:31-3- 3 AM 'Er YiixJa ®?fi(PA) ?mro,, , 67- nse sit ro Form 3039 V01 _q6;. Arty amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Sec'jrin [nstrumea:. These amounts shall bear interest at the Note rate from the dat: of disbursement and shall be payable. with such interest. upon notice from Lende: to Borrower requestin_ payment. if this Security Instrument is on a leasehold. Borrower shall comply with all the pro isions o the ease- If Borrower acquires fee tide to the Property. the leasehold and the fee title shall not merge unless Leader 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 he available from the mortgage insurer tha: 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 losurance previously in effect. at a cost substantially equivalcn,. to the cost to Borrower of the Mortgage Insurance previously in effect. from an alternate mon9ge insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available. Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a oon-refundable loss reserve in lieu of `lortgagc Insurance. Such loss reserve shall be non-rcfundabic. 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 oo longer require loss reserve payments if Mortgage Insurance coverage fin the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained. and Leader requires separately desipated payments toward the premiums for Mortgage Insurance. If Leader required Mortgage Insurance as a condition of making the Loan and Burrower was required to make separately designated payments toward the premiums for Mortgage Insurance. Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing is this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a part' to the Mortgage Insurance. Mortgage insurers evaluate their uxal 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 usine any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note. another insurer. any rcinsurcr. nny other entity, or any affiliate of any of the foregoing, may receive (directly or indirecdv) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: la) Any such agreements will not affect the amounts that Borrower has agreed to pay for s will not i Borg will owe for Mortgage Insurance, and they will nolt entitle Bo trrower to any refund he amount hie n or to Form 3039 clot ®Q6(PA) look -40- Ihl Any such agreements will not affect the rights Borrower has • if any • with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage insurance. to have the Mortgage Insurance terminated automatically, and, or to receive a refund of any Mortgage Insurance premiums that were unearned at the time or such cancellation or termination. it. Assignment of miscellaneous Proceeds: Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. if the Propern is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is ecooomically feasible and Leader's security is act lessened. During such repair and restoration period. Lender shall have the right to hold such Mixellaneeus Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction. provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds. Leader 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, Sucb Miscellaneous Proceeds shall be applied in the order provided for in Section'_. 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 aov, paid to Borrower. In the event of a partial taking, destruction. or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction. or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking. destruction. or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Anv balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking. destruction. or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. IF the Property is abandoned by Borrower, or ir. after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages. Borrower fails to respond to Lender within 30 days after the date the notice is given. Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding. whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and. if acceleration has occurred, reinstate as provided in Section 19. by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of ]01C 1:]1'3.: ?:,w.®D.6(PAI ?teas? no, w a t6 Form 3019 S01 ..W? Lender's interest in the Property or rights under this Security Instrument, The proceeds of any award or laim for damages that are attributable to the impairment of Lender's interest in the Property are hcreb} assigned and ihall he naid to Lander. All %scellancous proceeds that are not aoolied to restoration or repair of the Prorert shall be anolied in the order provided-fnr in Section 2. 12. Burrower 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 Burrower or any Successor in Interest of Borrower shall not operate to release the liabilit of Burrower or any Successors in Interest of Borrower. Lender shall not be required to commence proceedings agains, 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 out be u waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrowcr's obkgatioas and liability shall be joint and several. However. any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): lab 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 Securitv Instrument: (b) is not personally obligated to pay the sums secured by this Security Instrument: and (c) agrees that Lender and any other Borrower can agree to extend, modify. forbear or make any accommodations with regard to the terms of this Security instrument or the Note without the co-signer's consent. Subject to the provisions of Section IS. any Successor in Interest of Borrower wbo assumes Borrower s obligations under this Security instrument in writing. and is approved by Lender, shall obtain all of Burrower's richts 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. la. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees. property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. 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 ban 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 male this refund by reducing the principal owed under the Note or by making u direct payment to Borrower. If a refund reduces principal. the reduction will be treated as a partial prepayment witbout 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. uu W?: of n -f to Farm 3019 4'01 ®?IPAf ??? m 15. 'Notices. All notices given by Borrower or Lender in connection with this Security Instrument mus: be in writing. Any notice to Borrower in :unnec;ioa with this Security Instrument shall be deemed it, bliv- been given to Borrower when mailed by firs; :lass mail or when actually delivered to Bor-owcr s notice address if sent by other means. Notice to any one Borrower shall constitux notice to all Borrowers unless Applicable Law expressly requires Otherwise. The notice address shall be the Prope:Ly Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's chance of address, then Borrower shall only report a change of address through that specified procedure. There may he only one designated notice address under this Security Instrument at any one time. Any notice to Lende: shall be given by delivering it or by mailing it by first class mail to Lende-'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. jf any notice required by this Security instrument is also required under. Applicable Law. the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Sewtabllity; Rules or construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might LV sileat. but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Securin• Instrument or the Note conflicts with Applicable Law. such conflict shall nut 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 tc) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall he given one rnP.' of the Note and of this Security instrument. 18. Transfer of the Properly' or a Beneficial Interest in Borrower. As used in this Section IS. "Interest in the Property" means apy legal or beneficial interest in the Property, including. but not limited to, those beneficial interests transferred in a hood for dced, contract for dced. 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 for if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Leader's prior written consent. Lender may require immediate payment in full of all sums secured by this Security instrument. However, [his option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option. Lender shall give Borrower' notice of acceleration. The notice shall provide a period Of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower. must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke aoy remedies permitted by this Securin' 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 wer of sale to the earliest of: (a) five days before sale of the Property pu ghtnt to any pothe termination contaiBned in this Security Instrumeot: (b) such other period as Applicable 6w right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Leader all sums which then would be due under this Security Instrument and the Note as all if no acceleration had occurred; (b) cures any default of any other covenants or agreements; pays 4:31-432 A??L ^l Lni"IV r,p 1: of 16 Form 3039 L'01 G(PA) sons. 1 expenses incurred in enforcing this Securiq Instrument, including. bur not limited to. reasonable auaacys' fees. property inspe::ion and valuation fees. and other fees incurred for the pur nose of prote::tng Lender's interest in the Property and rights under this Security Ins ropertv and itehcs under this Security Insttum'n% reasonably require to assure that Le rider's interest in the Prop .' and Borrower's obligation to pay the sums secured by this Security Instrument. shall continue unchanged. Lender may require gnat Borrower pay such reinstatement sums and expenses in one or more of the following forms. as stilected by Lender: (s) cash: (b) money order; lG certified check. bank check. treasurer'!; check or institution whose deposits cashier's check. Provided any such check is draw 'a upon an are insured by a federal agency. instrumentality or entity; or (d) Electronic Funds Transfer. Lpom 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 tinder Section 1S. 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 Loun Scrviter. Borrower will be eiven 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 wiin a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Scrvicer 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 Scrvicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower not 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 lnstrument, 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 putty hereto u 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 1S shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 11. Hazardous Substances. As used in this Section :I: la) "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) "Enviroamcneul 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. hF. 13.1 to Form 3079 1101 ??61PA) ,boor. -110- Borrower Shall Got 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, any thing affecting the Prolxr:y' in :hat is in violation of any Environmental Law'. (b) which creates an Enviroomenutl Condition, or uc) which. due to the presence. use. or release of a Hazardous Substance: creates a condition that adverse Iv affects the value of-tne 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 act limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation. claim. demand. lawsui: 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 tale all necessary remedial actions is accordance with Environmental Law. -Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Leader further covenant and agree as follows: 22. Acceleration, Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under Section IS unless Applicable Law provides otherwise). Lender shall notify Borrower or, among other things: in) the default: (b) the action required to cure the default: tcl when the default must be cured. and (d) that failure to cure the default as specified may result in acceleration or the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence or a default or any other defense of Borrower to acceleration and foreclosure. It the default is not cared as specified. Lender at its option may require immediate payment in full or all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Leader shall be entitled to collect all expenses incurred in pursuing the remedies provided In this Section 'M. including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law'. 23. Release. Upoo 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 rccordatioo costs. Lcndcr 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 tinder Applicable Law. 21. Waivers. Borrower, to the extent permitted by Applicable Law. waives and releases any error or defects in proceedings to enforce this Security lamrument. 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 rule or other sale pursuant to this Security' ltstrument. 36. 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 lnstrument 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. NO .. w w to Farm 3039 trot Q.6(PA) ,OWO- -sl BY SIGNING BELOW- Borrower accepts and acrees to the terns and cm•tn_ns contained in this Security instrument and in an,, Rider executed by Borrowro- and recorded %ith i:. Witnesses: ?•-y iSeall _ (Seal) -Borrower (seal) _ (Seal) li"REI31' CERTIFI' TI{E -Bortmet -Borrower WITHI' N TO AE CE .INI) CORRECT COPY OF E ICI,, FILED OF RECORD _ (Seal) .Borrower _ (Scap (Seal' -0.rrower .Borrower JZc !:?• Form 11139 Vol 4Q41PA1 .00S. nn tan 41 -4el: Certificate or Residence do hereby crr:ify :hat 1. GOMM-whi'l-, • '!e . ... . the corrcct address of the within-named `lortgavc is _-••---- -- dav of Witness my hand this t County ss: CO.INIONWE-%LTH OF PENNSYLVANIJ?. On this. the 's=a r day of p '- ' 2C:.5 , before me. the - undersigned officer, personally appeared F,;,N : 5 7== TH:ZNT-= known to me (or satisfactorily proves) to be the persoo(s) whose name(s) islare subscribed to the within instrument and acknowledged that heishe!they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seat. My Commission Expires: ,OMMONWEALTij PENNSYLVAHA Notarial 8" Jacquelft L. OrvAbouph, NOW Pub1c Soffit Mg01Non Two., C-6111rlalt0Cotsp My Commission Exflitea Aul. 2OG? Membsr, Psnrwywania AISWOM a Noll Ylr (ckbIPA) fOMF Tide of Officer AB2L 8::;9?7'5i34- rw leaf td L nuN: /? Fnrm 70.19 1101 VERIFICATION James Starks, Foreclosure Specialist and duly authorized representative of American Home Mortgage Servicing, Inc., deposes and says subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing Complaint are true and correct to his information and belief. 4Jes Starks Foreclosure Specialist American Home Mortgage Servicing, Inc. ?-; r..a (' -6A. pJp "'"i __. -?1 ? Q ? ? '.., ? , n rQ ? _ ? l J 'y vl ? e r ? . ? .. -? ?... ::-, ? G,? -? SHERIFF'S RETURN - REGULAR CASE NO: 2008-01235 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND AMERICAN HOME MORTGAGE SERVICI VS THICKEY RANDI BRUCE AKA RANDI- TIMOTHY BLACK , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon THICKEY RANDI BRUCE AKA RANDI-BRUCE THICKEY the DEFENDANT , at 1220:00 HOURS, on the 27th day of February-, 2008 at 5 CLEARVIEW DRIVE CARLISLE, PA 17013 RANDI-BRUCE THICKEY by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Postage Surcharge 31+16 8 So Answers: 18.00 4.80 r .58 10.00 R. Thomas Kline .00 33.38 02/28/2008 GRENEN & BIRSIC Sworn and Subscibed to before me this of By: day eputy Sheriff A. D. a IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., Plaintiff, vs. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. I hereby certify that the address of Plaintiff is: 4600 Regent Blvd., Suite 200 Irving, TX 75063 the last known address of Defendant is: 5 Clearview Drive Carlisle, PA 17013 GRENEN & BIRSIC, P.C. CIVIL DIVISION NO.: 08-1235 Civil Term TYPE OF PLEADING PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF PLAINTIFF: American Home Mortgage Servicing, Inc. COUNSEL OF RECORD FOR THIS PARTY: Joseph A. Fidler, Esquire Pa. I.D. #87325 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., Plaintiff, CIVIL DIVISION NO.: 08-1235 Civil Term VS. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. PRAECIPE FOR DEFAULT JUDGMENT TO: PROTHONOTARY SIR: Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant, Randi Bruce Thickey a/k/a Randi-Bruce Thickey, in the amount of $169,619.60, which is itemized as follows: Principal $144,345.31 Interest to 5/7/08 $ 16,707.34 Late Charges to 5/7/08 $ 961.80 Escrow Deficiency to 5/7/08 $ 3,591.15 Corporate Advances $ 264.00 Attorney's fees $ 1,250.00 Title Search, Foreclosure and Execution Costs $ 2,500.00 TOTAL $1 69,619.60 with interest on the principal sum at the rate of $27.19 per diem from May 7, 2008, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. GRENEN & BIRSIC, P.C. 7 Jr ./ BY: „ f e i er, squire At l eys for Plaintiff AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Joseph A. Fidler, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant was not in the military service of the United States of America to the best of his knowledge, information and belief and certifies that the Notices of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copy. Sworn to and subscribed before me this day of , 2008. r Si Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Patricia A Towwid, Notary Public City Of Pittsburgh, Allegheny County My Commission E)ires June 2, 2011 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE CIVIL DIVISION SERVICING, INC., NO.: 08-1235 Civil Term Plaintiff, vs. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. TO: Randi Bruce Thickey a/k/a Randi - Bruce Thickey 5 Clearview Drive Carlisle, PA 17013 DATE OF NOTICE: March 19, 2008 IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO A LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 (717) 249-3166 or Toll Free (800) 990-9108 GRENEN & BIRSIC, P.C. By: FIRST CLASS MAIL, POSTAGE PREPAID- Attorneys fey Plaintif One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE CIVIL DIVISION SERVICING, INC., Plaintiff, vs. NO.: 08-1235 Civil Term RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Randi Bruce Thickey a/k/a Randi - Bruce Thickey 5 Clearview Drive Carlisle, PA 17013 ( ) Plaintiff (XX) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on ( ) A copy of the Order or Decree is enclosed, or (XX) The judgment is as follows: $169,919.60 with interest on the principal sum at the rate of $27.19 per diem from May 7, 2008, and additional late charges, additional reasonable and actually incurred attorneys' fees, plus costs (including increases in escrow deficiency) and for foreclosure and sale of the mortgaged premises. 46 - Pro,-Aonofar y f IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: ( ) Confessed Judgment American Home Mortgage Servicing, Inc. VS. Randi Bruce Thickey a/k/a Randi-Bruce Thickey vs. TO THE PROTHONOTARY OF THE SAID COURT: ( g ) Other File No. 08-1235 Civil Term Amount Due $169,619.60 Interest $ 3.400.78 Atty's Comm $ 1, 2509.00 (incl in amount due Costs The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland for debt, interest and costs, upon the following described property of the defendant(s) See Attached Description County, PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). 171 (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 57h 0R Signature: Print Name: mph A. Fidler, Esquire Address: ' One Gateway Center 9th Floor Pittsburgh, PA 15222 Attorney for: Plaintiff Telephone: (412) 281-7650 Supreme Court ID No.: __&7325 (over) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE CIVIL DIVISION SERVICING, INC., Plaintiff, vs. NO.: 08-1235 Civil Term RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. LONG FORM DESCRIPTION ALL that certain tract of land with the improvements thereon erected situate in North Middleton, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the East side of Clearview Avenue (33 feet wide) at line of Lot No. 16 on the plan of lots of Hill Top Manor, as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 11, Page 39; thence from said beginning point by the line of Lot No. 16, now or formerly of Ralph R. Moran, North 67 degrees 30 minutes East 150 feet to a point; thence by land of Arthur R. and Gladys E. Klinger, South 22 degrees 30 minutes East 100 feet to a point; thence by the same South 77 degrees 20 minutes East 24.69 feet to a point; thence by the line of Lot No. 19 on said plan, now or formerly of Lee R. Bear, et ux., South 12 degrees 30 minutes West 150 feet to a point at the Northern line of Bellaire Avenue; thence by the Northern lien of Bellaire Avenue North 77 degrees 20 minute West 61.0 feet to a point; thence by a curve to the right having a radius of 80 feet, the are distance of 76.56 feet to a point; thence by the Eastern line of Clearview Avenue North 22 degrees 30 minutes West 136.31 feet to a point, the Place of BEGINNING. BEING Lots Nos. 17 and 18 on the plan of lots known as Hill Top Manor, duly recorded in Plan Book 11, page 39. HAVING thereon erected a split-level stone dwelling. BEING the same premises which Scott Hench, married by Deed dated April 15, 2005 and recorded in the Office of the Recorder of Deeds of Cumberland County on May 2, 2005 in Deed Book Volume 268, Page 3413, granted and conveyed unto Randi-Bruce Thickey. GRENEN & BIRSIC, P.C. Ago'rneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., Plaintiff, CIVIL DIVISION NO.: 08-1235 Civil Term vs. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) American Home Mortgage Servicing, Inc., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Randi Bruce Thickey a/k/a Randi - Bruce Thickey located at 5 Clear-view Drive a/k/a 5 Bellaire Avenue, Carlisle, Pennsylvania 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RANDI BRUCE THICKEY A/K/A RANDI - BRUCE THICKEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF NORTH MIDDLETON, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 CLEARVIEW DRIVE A/K/A 5 BELLAIRE AVENUE, CARLISLE, PA 17013. DEED BOOK VOLUME 268, PAGE 3413 AND PARCEL NUMBER 29-15-1247-033. 1. The name and address of the owner or reputed owner: Randi Bruce Thickey a/k/a 5 Clearview Drive Randi - Bruce Thickey Carlisle, PA 17013 2. The name and address of the defendant in the judgment: Randi Bruce Thickey a/k/a 5 Clearview Drive Randi - Bruce Thickey Carlisle, PA 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: American Home Mortgage Servicing, Inc. PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: American Home Mortgage Servicing, Inc. PLAINTIFF American Home Bank 520 Broadhollow Road Melville, NY 11747 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Commonwealth of Pennsylvania Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None A I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. Jose ?' "F- er, Esquire Att6rney for Plaintiff SWORN to and subscribed before me this ?_J--day of , 2008. Notary Public COMMONWE LTH OF PENNSYLVANIA Notarial Seal Patricia A Townsend, Notary Public City Of Pittsburgh, Allegheny County My Commission E)0res June 2, 2011 Member, Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., Plaintiff, CIVIL DIVISION NO.: 08-1235 Civil Term vs. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. AFFIDAVIT OF LAST KNOWN ADDRESS COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Joseph A. Fidler, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that the owner of the property located at 5 Clearview Drive a/k/a 5 Bellaire Avenue, Carlisle, Pennsylvania 17013 is, Defendant, Randi Bruce Thickey a/k/a Randi - Bruce Thickey, who resides at 5 Clearview Drive Carlisle, Pennsylvania 17013, to the best of his information, knowledge and belief. SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF 2008. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Patricia A Townsend, Notary Public City Of PitWx gh, Allegheny County My Commission Expires June 2, 2011 Member, Pennsylvania Associatlon of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., Plaintiff, CIVIL DIVISION NO.: 08-1235 Civil Term VS. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. AFFIDAVIT OF COMPLIANCE WITH ACT 6 OF 1974, 41 P S 101 ET SEQ AND ACT 91 OF 1983 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) Before me, the undersigned authority, a Notary Public in and for the said County and Commonwealth, personally appeared Joseph A. Fidler, Esquire, attorney for the Plaintiff, who being duly sworn according to law deposes and says that on November 29, 2007, Defendant was mailed a Notice of Homeowner's Emergency Mortgage Assistance Act of 1983 by certified mail, return receipt requested, and first class U.S. Mail. Plaintiff was not required to send Defendant a separate Notice of Intention to Foreclose Mortgage in compliance with Act 6 of 1974, 41 P.S. §101, et seq., as a result of sending the Act 91 Notice. ? s SWORN TO AND SUBSCRIBED BEFORE i' lME THIS DAY OF , 2008. -? 11 1 C` `? U c h q Y1 r ; Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Patricia A. Townsend, Notary Public City Of Pittsburgh, Allegheny County My Commission Expires June 2, 2011 Mern , Pennsylvania Association of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE CIVIL DIVISION SERVICING, INC., Plaintiff, vs. NO.: 08-1235 Civil Term RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Randi Bruce Thickey a/k/a Randi - Bruce Thickey 5 Clearview Drive Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2nd Floor 1 Courthouse Square Carlisle, PA 17013 on September 3, 2008 at 10:00 A.M., the following described real estate, of which Randi Bruce Thickey a/k/a Randi - Bruce Thickey is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RANDI BRUCE THICKEY A/K/A RANDI - BRUCE THICKEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF NORTH MIDDLETON, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 CLEARVIEW DRIVE A/K/A 5 BELLAIRE AVENUE, CARLISLE, PA 17013. DEED BOOK VOLUME 268, PAGE 3413 AND PARCEL NUMBER 29-15-1247-033. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of American Home Mortgage Servicing, Inc., Plaintiff, vs. Randi Bruce Thickey a/k/a Randi - Bruce Thickey, Defendant, at Execution Number 08-1235 Civil Term in the amount of $173,020.38. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By: A orney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE CIVIL DIVISION SERVICING, INC., Plaintiff, NO.: 08-1235 Civil Term vs. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. LONG FORM DESCRIPTION ALL that certain tract of land with the improvements thereon erected situate in North Middleton, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the East side of Clearview Avenue (33 feet wide) at line of Lot No. 16 on the plan of lots of Hill Top Manor, as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 11, Page 39; thence from said beginning point by the line of Lot No. 16, now or formerly of Ralph R. Moran, North 67 degrees 30 minutes East 150 feet to a point; thence by land of Arthur R. and Gladys E. Klinger, South 22 degrees 30 minutes East 100 feet to a point; thence by the same South 77 degrees 20 minutes East 24.69 feet to a point; thence by the line of Lot No. 19 on said plan, now or formerly of Lee R. Bear, et ux., South 12 degrees 30 minutes West 150 feet to a point at the Northern line of Bellaire Avenue; thence by the Northern lien of Bellaire Avenue North 77 degrees 20 minute West 61.0 feet to a point; thence by a curve to the right having a radius of 80 feet, the arc distance of 76.56 feet to a point; thence by the Eastern line of Clearview Avenue North 22 degrees 30 minutes West 136.31 feet to a point, the Place of BEGINNING. BEING Lots Nos. 17 and 18 on the plan of lots known as Hill Top Manor, duly recorded in Plan Book 11, page 39. HAVING thereon erected a split-level stone dwelling. BEING the same premises which Scott Hench, married by Deed dated April 15, 2005 and recorded in the Office of the Recorder of Deeds of Cumberland County on May 2, 2005 in Deed Book Volume 268, Page 3413, granted and conveyed unto Randi-Bruce Thickey. GRENEN & BIRSIC, P.C. rgse A. Fidler, squire / omeys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1235 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN HOME MORTGAGE SERVICING, INC., Plaintiff (s) From RANDI BRUCE THICKEY a/k/a RANDI-BRUCE THICKEY (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 $169,619.60 L.L.$ 0.50 Interest -- $3,400.78 Atty's Comm $1,250.00 (included in amount due)% Due Prothy $2.00 Atty Paid $152.38 Other Costs Plaintiff Paid Date: 5/15/08 (Seal) REQUESTING PARTY: Name: JOSEPH A. FIDLER, ESQUIRE Address: GRENEN & BIRSIC, P.C. ONE GATEWAY CENTER, 9TH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Zf a. rothonotary By: Deputy Supreme Court ID No. 87325 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., CIVIL DIVISION Plaintiff, VS. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. NO.: 08-1235 Civil Term TYPE OF PLEADING Pa. R.C.P. RULE 3129.2(c)(2) PURSUANT TO RULE 3129.1 LIENHOLDER AFFIDAVIT OF SERVICE FILED ON BEHALF OF PLAINTIFF: American Home Mortgage Servicing, Inc. COUNSEL OF RECORD FOR THIS PARTY: Joseph A. Fidler, Esquire Pa. I.D. #87325 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Sale date: 9!3!08 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AMERICAN HOME MORTGAGE CIVIL DIVISION SERVICING, INC., Plaintiff, NO.: 08-1235 Civil Term vs. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Joseph A. Fidler, Attorney for Plaintiff, American Home Mortgage Servicing, Inc., being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129. 1, as well as all persons named in Plaintiff's Supplemental Affidavit pursuant to Rule 3129.1 as follows: By letters dated May 19, 2008, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1 and Certificates of Mailing and any letters, if returned as of this date, are marked Exhibit "A", attached hereto, and made a part hereof. 2. By letters dated May 28, 2008, undersigned counsel served the persons named in Plaintiffs Supplemental Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective address set forth in the Supplemental Affidavit Pursuant to Rule 3129. 1. A true and correct copy of said Supplemental Affidavit Pursuant to Rule 3129.1 and Certificate of Mailing are marked Exhibit "B", attached hereto, and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief. GRENEN & BIRSIC, P.C. BY: AftorvCy for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS 2-4, DAY OF 2008. otary COMMONWEALTH OF PENNSYLVANIA NoWW Seal Efizabeth M. Paiaw, Notary Pubic City Of PMSWgK Alepheny County My Corroied n S)OU ,her. % 2012 Member, Penneylveele ASSWatloe of Norirlea EXHIBIT "A" 0 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., CIVIL DIVISION NO.: 08-1235 Civil Term Plaintiff, VS. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) American Home Mortgage Servicing, Inc., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Randi Bruce Thickey a/k/a Randi - Bruce Thickey located at 5 Clearview Drive a/k/a 5 Bellaire Avenue, Carlisle, Pennsylvania 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RANDI BRUCE THICKEY A/K/A RANDI - BRUCE THICKEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF NORTH MIDDLETON, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 CLEARVIEW DRIVE A/K/A 5 BELLAIRE AVENUE, CARLISLE, PA 17013. DEED BOOK VOLUME 268, PAGE 3413 AND PARCEL NUMBER 29-15-1247-033. 1. The name and address of the owner or reputed owner: Randi Bruce Thickey a/k/a Randi - Bruce Thickey 2. The name and address of the defendant in the judgment: Randi Bruce Thickey a/k/a Randi - Bruce Thickey r? U 5 Clearview Drive Carlisle, PA 17013 5 Clearview Drive Carlisle, PA 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: American Home Mortgage Servicing, Inc. PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: American Home Mortgage Servicing, Inc. PLAINTIFF American Home Bank 520 Broadhollow Road Melville, NY 11747 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations PA Department of Revenue Commonwealth of Pennsylvania P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None 0 0 I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities.. Js3 . Fidler, Esquire ;'.Att ey for Plaintiff SWORN to and subscribed before me this day of , 2008. Notary Public COMMONWEALTH OF PENNSYLVANIA NotwW &M PaMda A. Toga, Notary Pubic CRY Of Pftbxgk AkgWW County 2 2011 Member. Pennsylvania Association of Notaries ;a. -? en? rot) 3 0 01 as ca N -4OJ y cr dW 4. 0 rC w 0 m <a TO A T:°c "O 9 W ''J O j O ?0 G N Q, OR. N w C) N T g ?+ N W a 0:0 WE w N N N O o N O i sa k G? ? o ny a ?h7V EXHIBIT "B" IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., CIVIL DIVISION Plaintiff, vs. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. NO.: 08-1235 Civil Term TYPE OF PLEADING SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 FILED ON BEHALF OF PLAINTIFF: American Home Mortgage Servicing, Inc. COUNSEL OF RECORD FOR THIS PARTY: Joseph A. Fidler, Esquire Pa. I.D. #87325 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Sale date: 9/3/08 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., CIVIL DIVISION Plaintiff, VS. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. NO.: 08-1235 Civil Term SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) American Home Mortgage Servicing, Inc., Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Randi Bruce Thickey a/k/a Randi - Bruce Thickey located at 5 Clearview Drive a/k/a 5 Bellaire Avenue, Carlisle, Pennsylvania 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RANDI BRUCE THICKEY A/K/A RANDI - BRUCE THICKEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF NORTH MIDDLETON, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 CLEARVIEW DRIVE A/K/A 5 BELLAIRE AVENUE, CARLISLE, PA 17013. DEED BOOK VOLUME 268, PAGE 3413 AND PARCEL NUMBER 29-15-1247-033. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501 American Home Mortgage 520 Broadhollow Road Melville, NY 11747 North Middleton Authority Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 William J. Frodsham 801 North 67th Avenue Yakima, WA 98908 I verify that the statements made in the Supplemental Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. I/ . BY: 4)usegff ?v. rimer, zsquire 'A) p6ey for Plaintiff vOne Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY O JXk AAA 2008. otary Pub is COMMONWEALTH OF PENNSYLVANIA Notarial Seal EAzaboM M. PaMM, Notary PUft City Of PftWgN Akgtleny Oouriy My Oortrf**m Expires Js m 6, 2012 ember, Pannsylvanla Association of Notarlas ?7 ch t ch W p (N? -4 A v V =r -n er ? N J v v I OR c 0 d 0 m C- --1 9 9) IV ?Q?3?i ' 7 &_ @ g OK3 o D 3 (Ag o asp , cD a r p N 0 ? r .?.? = as A° -PL 1 0 3 ?- Cpl 3 d y 3 CIcD 50 _ N ' n a o CD ? D G Li y y? (D _ n ' D C A o = 3 -L c D cr m K 9 K3 '.4. 3 0 cG N -90 CO (D W -n N = 0 Q w 0 0 00) M K) M a 3 Z y p) C = W `. W 9 1:11301313 o = N o a2$ v r fi ?20 Z a O?DN I 3 Eli r. m ? 0) D W D cc =r -L -? ?0 Cli cN _ 2 1 ; oa V Ch 2 o ?0 -4 ?Of m E 00C Wm VO c • C (D < D 3 0000 Qp ? ? ° 8 m ?. 7 3 o m m $ 8 N N N N ? ? == n coil CA L" CA v d ?o N N N eD p an X -? g W 1 ` N UNI ? Q mac' D ?? ar ' o \a T N ? so y co ?? oaf o < p „ m co ? p cs hi S rFO , S ? N 1-3 t.,? ??"_' a"? r^? "t1 -r,, . ? -r r?.. C,=? ? ?+ '1 - t Y - £ ._ - P r -4 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., CIVIL DIVISION Plaintiff, VS. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. NO.: 08-1235 Civil Term TYPE OF PLEADING SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 FILED ON BEHALF OF PLAINTIFF: American Home Mortgage Servicing, Inc. COUNSEL OF RECORD FOR THIS PARTY: Joseph A. Fidler, Esquire Pa. I.D. #87325 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 Sale date: 9/3/08 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., CIVIL DIVISION Plaintiff, VS. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. NO.: 08-1235 Civil Term SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) American Home Mortgage Servicing, Inc., Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Randi Bruce Thickey a/k/a Randi - Bruce Thickey located at 5 Clearview Drive a/k/a 5 Bellaire Avenue, Carlisle, Pennsylvania 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RANDI BRUCE THICKEY A/K/A RANDI - BRUCE THICKEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF NORTH MIDDLETON, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 CLEARVIEW DRIVE A/K/A 5 BELLAIRE AVENUE, CARLISLE, PA 17013. DEED BOOK VOLUME 268, PAGE 3413 AND PARCEL NUMBER 29-15-1247-033. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501 American Home Mortgage 520 Broadhollow Road Melville, NY 11747 North Middleton Authority Martson, Deardorff, Williams & Otto 10 East High Street Carlisle, PA 17013 William J. Frodsham 801 North 67th Avenue Yakima, WA 98908 I verify that the statements made in the Supplemental Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. BY: idler, Esq?re " A y for Plaintiff e Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY O 2008. otary Public COMMONWEALTH OF PENNSYLVANIA Notaft Seel Eftabeth M. Palermo, Notary Public City Of Pftburyh, Ale"V County My Corm imbn ftw Jan. 8,1012 Member, Pennsylvania Association of Notaries P-3 c IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., CIVIL DIVISION Plaintiff, VS. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. NO.: 08-1235 Civil Term TYPE OF PLEADING MUTUAL CONSENT TO SET ASIDE SHERIFF=S SALE FILED ON BEHALF OF PLAINTIFF: American Home Mortgage Servicing, Inc. COUNSEL OF RECORD FOR THIS PARTY: Joseph A. Fidler, Esquire Pa. I.D. 487325 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE CIVIL DIVISION SERVICING, INC., Plaintiff, vs. NO.: 08-1235 Civil Term RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. MUTUAL CONSENT TO SET ASIDE SHERIFF'S SALE TO: PROTHONOTARY SIR: Please enter this mutual consent to set aside Sheriff's Sale that took place on the above mentioned matter on November 5, 2008. The Defendant, Randi Bruce Thickey a/ka/ Randi- Bruce Thickey, in this matter filed a Motion to Reinstate the Bankruptcy on November 5, 2008 and said Motion was granted by the Bankruptcy Court on November 5, 2008 prior to the sale taking place. Plaintiff and Defendant are in agreement that the sale should be rescinded, because the sale was in violation of the Automatic Stay in place due to the reinstatement of the bankruptcy. GRENEN & BIRSIC, P.C. ro ph A. Fidler, E uire Attorneys for Plaintiff By: (41 t?..a c. -, ^..iJ + r _,_ __„? ,..?.ti ...,1 ?" 3 ??? ? i FJ _. 4.JJ _. ...- - ?a? - ?ts T American Home Mortgage Servicing Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Randi Bruce Thickey a/k/a Randi-Bruce Thickey Writ No. 2008-1235 Civil Term Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on May 28, 2008 at 1919 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: Randi Bruce Thickey a/k/a Randi-Bruce Thickey, by making known unto Randi Thickey personally, at 5 Clearview Ave., Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Kenneth Gossert, Deputy Sheriff, who being duly sworn according to law, states that on July 15, 2008 at 1612 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 Randi Bruce Thickey a/k/a Randi- Bruce Thickey located at 5 Clearview Drive a/k/a 5 Bellaire Ave., Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Randi Bruce Thickey a/k/a Randi-Bruce Thickey by regular mail to his last known address of 5 Clearview Drive, Carlisle, PA 17013. This letter was mailed under the date of July 14, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED, per letter of request from attorney Joseph Fidler. A mutual consent to set aside sheriff s sale of November 5, 2008 of the within described property was received by the Cumberland County Sheriff s Office. Sheriffs Costs: Docketing $30.00 Poundage 17.61 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 10.00 Levy 15.00 Surcharge 20.00 Post Pone Sale 20.00 Law Journal 365.00 Patriot News 360.35 $a,60 14 Share of Bills 17.64 I-S5 el gg Distribution of Proceeds ? Sheriffs Deed $ 898.10 ?o0Io°? ? C '? _ _ } C '=? "?`t f"£ ^}"t ?''+? - 4""''i a. ? ; I:? t..._,+ F ?, ?: .., ,r So Answers: .lee R. Thomas Kline, Sheriff a ??.I BY C 'o'ne Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8292 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE thePaft*ot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Michael J. Morrow, being duly sworn according to law, deposes and says: That he is the Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/23/08 07/30/08 08/06/08 A.D. tpift Saw EMW No„ 2M I , rayVW1@ Assoaaaon of Notaries Real Estate Sale No. 45 Writ No. 08-1235 Civil Term American Home Mortgage Servicing, Inc., VS RANDI BRUCE THICKEY a/Wa RANDI - BRUCE THICKEY Attorney Joseph Fidler LEGAL DESCRIPTION ALL that certain tract of land with the improvements thereon erected situate in North Middleton, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the East side of Clearview Avenue (33 feet wide) at line of Lot No. 16 on the plan of lots of Hill Top Manor, as recorded is the Cumberland County Recorder of Deeds Office in Plan Book 11, Page 39; thence from said beginning point by the line of Lot No. 16, now or formerly of Ralph R. Mom, North 67 degrees 30 minutes East 150 feet to a point; thence by land of Arthur R. and Gladys E. Xhnger, South 22 degrees 30 minutes East 100 feet to a point thence by the same South 77 degrees 20 minutes East 24.69 feet to a point; thence by the line of Lot No. 19 on said plan, now or formerly of Lee R. Bear, et ux., South 12 degrees 30 atinutes West 150 feet to a point at the Northem line of Bellaire Avenue; thence by the Northern lien of Bellaire Avenue North 77 degrees 20 minute West 61.0 feet to a point; thence by a curve to the right having a radius of 80 feet, the are distance of 76.56 feet to a point; thence by the Eastern line of Clearview Avenue North 22 degrees 30 minutes West 136.31 feet to a point, the Place of BEGINNING. BEING Lots Nos. 17 and 18 on the plan of lots known as Hill Top Manor, duly recorded in Plan Book 11, page 39. HAVING thereon erected a split-level stone dwelling. BEING the same premises which Scott Hench, married by Deed dated April 15, 2005and recorded m the Office of the Recorder of Deeds of Cumberland County on May 2, 2005m Deed Book Volume 268, Page 3413, granted and conveyed unto Randi-Bruce Thickey. ue Patriot-News Now you know P. O. BOX 2265 HARRISBURG, PA 17105 (717)2664237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT.# 2260 DUPLICATE BILL Date Description Sale # Size Rate Net Cost Of Ad 07/23/08 Sheriff Sale 45 8.13 $14.57 $ 118.45 07/30/08 Sheriff Sale 45 8.13 $14.57 $ 118.45 08/06/08 Sheriff Sale 45 8.13 $14.57 $ 118.45 Notary Fee I I I i I $5.00 TOTAL DUE FOR THIS SALE: $ 360.35 Kc WAN" AM 40" N& 44 Writ No. 08-1235 Civil American Home Mortgage Servicing, Inc. VS. Randi Bruce Thickey a/k/a Randi-Bruce Thickey Atty.: Joseph Fidler LONG FORM DESCRIPTION ALL that certain tract of land with the improverumts thftwo erected skunte in loth IWMI , Cualmr- laud County, Pemnsylven* bmuWed and deecaribed an fie: BEGINNING at a point on the Rest side of Clearview Avenue (33 feet wide) at line of Lot No. 16 on the plan of lots of Hill Top Manor, as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 11, Page 39; thence from said beginning point by the line of Lot No. 16, now or formerly of Ralph R. Moran, North 67 degrees 30 minutes East 150 feet to a point; thence by land of Arthur R. and Gladys E. Klinger, South 22 degrees 30 minutes East 100 feet to a point; thence by the same South 77 degrees 20 minutes East 24.69 feet to a point; thence by the line of Lot No. 19 on said plan, now or formerly of Lee R. Bear, et ux., South 12 de- grees 30 minutes West 150 feet to a point at the Northern line of Bellaire Avenue; thence by the Northern lien of Bellaire Avenue North 77 degrees 20 minute West 61.0 feet to a point; thence by a curve to the right having a radius of 80 feet, the arc distance of 76.56 feet to a point; thence by the Eastern line of Clearview Avenue North 22 degrees 30 minutes West 136.31 feet to a point, the Place of BEGINNING. BEING Lots Nos. 17 and 18 on the plan of lots known as Hill Top Manor, duly recorded in Plan Book 11, page 39. HAVING thereon erected a split- level stone dwelling. BEING the same premises which Scott Hench, married by Deed dated April 15, 2005 and recorded in the Office of the Recorder of Deeds of Cumberland County on May 2, 2005 in Deed Book Volume 268, Page 3413, granted and conveyed unto Randi-Bruce Thickey. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., CIVIL DIVISION NO.: 08-1235 Civil Term Plaintiff, vs. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND } American Home Mortgage Servicing, Inc., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Randi Bruce Thickey a/k/a Randi - Bruce Thickey located at 5 Clearview Drive wk/a 5 Bellaire Avenue, Carlisle, Pennsylvania 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RANDI BRUCE THICKEY A/K/A RANDI - BRUCE THICKEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF NORTH MIDDLETON, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 CLEARVIEW DRIVE A/KJA 5 BELLAIRE AVENUE, CARLISLE, PA 17013. DEED BOOK VOLUME 268, PAGE 3413 AND PARCEL NUMBER 29-15-1247-033. i 1. The name and address of the owner or reputed owner: Randi Bruce Thickey a/k/a 5 Clearview Drive Randi - Bruce Thickey Carlisle, PA 17013 2. The name and address of the defendant in the judgment: Randi Bruce Thickey a/k/a 5 Clearview Drive Randi - Bruce Thickey Carlisle, PA 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: American Home Mortgage Servicing, Inc. PLAINTIFF 4. The name and address of the last record holder of every mortgage of record: American Home Mortgage Servicing, Inc. PLAINTIFF American Home Bank 520 Broadhollow Road Melville, NY 11747 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Commonwealth of Pennsylvania Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unworn falsification to authorities. 04 Fidler, Esquire f,Att&hey for Plaintiff J' SWORN to and subscribed before me this IJ day of , 2008. Notary Public COMMONWEALTH OF PENNSYLVANIA Nota W Seel Pabida A. Townsend, Notary pubk MY E*k% June 2,2011 Member, Pennsylvania Assoclatlon of Notaries IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE CIVIL DIVISION SERVICING, INC., NO.: 08-1235 Civil Term Plaintiff, vs. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Randi Bruce Thickey a/k/a Randi - Bruce Thickey 5 Clearview Drive Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2nd Floor 1 Courthouse Square Carlisle, PA 17013 on September 3, 2008 at 10:00 A.M., the following described real estate, of which Randi Bruce Thickey a/k/a Randi - Bruce Thickey is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RANDI BRUCE THICKEY A/KIA RANDI - BRUCE THICKEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF NORTH MIDDLETON, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 CLEARVIEW DRIVE A/K/A 5 BELLAIRE . AVENUE, CARLISLE, PA 17013. DEED BOOK VOLUME 268, PAGE 3413 AND PARCEL NUMBER 29-15-1247-033. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of American Home Mortgage Servicing, Inc., Plaintiff, vs. Randi Bruce Thickey a/k/a Randi - Bruce Thickey, Defendant, at Execution Number 08-1235 Civil Term in the amount of $173,020.38. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. y T-- - . i er, squi A orney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE CIVIL DIVISION SERVICING, INC., NO.: 08-1235 Civil Term Plaintiff, vs. RANDI BRUCE THICKEY &Wa RANDI - BRUCE THICKEY, Defendant. LONG FORM DESCRIPTION ALL that certain tract of land with the improvements thereon erected situate in North Middleton, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the East side of Clearview Avenue (33 feet wide) at line of Lot No. 16 on the plan of lots of Hill Top Manor, as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 11, Page 39; thence from said beginning point by the line of Lot No. 16, now or formerly of Ralph R. Moran, North 67 degrees 30 minutes East 150 feet to a point; thence by land of Arthur R. and Gladys E. Klinger, South 22 degrees 30 minutes East 100 feet to a point; thence by the same South 77 degrees 20 minutes East 24.69 feet to a point; thence by the line of Lot No. 19 on said plan, now or formerly of Lee R. Bear, et ux., South 12 degrees 30 minutes West 150 feet to a point at the Northern line of Bellaire Avenue; thence by the Northern lien of Bellaire Avenue North 77 degrees 20 minute West 61.0 feet to a point; thence by a curve to the right having a radius of 80 feet, the arc distance of 76.56 feet to a point; thence by the Eastern line of Clearview Avenue North 22 degrees 30 minutes West 136.31 feet to a point, the Place of BEGINNING. BEING Lots Nos. 17 and 18 on the plan of lots known as Hill Top Manor, duly recorded in Plan Book 11, page 39. HAVING thereon erected a split-level stone dwelling. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COtIINTY OF CUMBERLAND) NO 08-1235 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN HOME MORTGAGE SERVICING, INC., Plaintiff (s) From RANDI BRUCE THICKEY a/Wa RANDI-BRUCE THICKEY (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 $169,619.60 L.L.$ 0.50 Interest -- $3,400.78 Atty's Comm $1,250.00 (included in amount due)% Due Prothy $2.00 Atty Paid $152.38 Other Costs Plaintiff Paid Date: 5/15/08 Prothono (Seat) By: Deputy REQUESTING PARTY: Name: JOSEPH A. FIDLER, ESQUIRE Address: GRENEN & BIRSIC, P.C. ONE GATEWAY CENTER, 9TH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Supreme Court ID No. 87325 ;AS 80oz `I Z Slaw :a?BQ •Uiojog pariodioaui aoua.iajaj sigl Aq pue iliAt sigl" I «V3jqTqxS uo pagjjasap AIR aJoui `ajs;j vD ';)AV a.1112119 I 9 lBr M QAUG nnajnxe010 S s13 pa.zaquxnu puu unnouX Vd `,,4unoD pusjzaqumD `digsunrmos uolajPPIW ©N ui Mur4is C wdoul jua agj LIT isaimui s,;jz *J9rP agj uodn paznaj JpuagS age 80OZ `I Z ,? up S## aig's aOOH iVal IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION PRAECIPE FOR WRIT OF EXECUTION Caption: AMERICAN HOME MORTGAGE SERVICING, INC. ( ) Confessed Judgment ( ) Other File No. 08-1235 Civil Term VS. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) 5 ClearvieV Drive a/k/a 5 Bellaire Avenue Carlisle, PA 17013 PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies •of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said 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 y- to '0q Signature: Print Name: Joseph A. Fidler Address: Attorney for: One Gateway Center, Ninth Floor Pittsburgh, PA 15222 Plaintiff Telephone: (412) 281-7650 _ Amount Due $169,619.60 Interest $ 21,191.34 Atty's Comm Costs Supreme Court ID No.: 87325 (over) (D FILED-P )r1:1DE Lfti 2x09 29 {Y41 ! r y l?r, U4. oo PD ATTy 33.3$ CgF M. j o 14 78.50 41 1q. 00 w a4. oc 1, 071,9$ -pp Airy *a - oo DWI Cif,'*' Iosg4l. R.7'µ U4404 + e ua:a ??..?F IN THE UNITED STATES BANKRUPTCY COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA IN RE: RANDI B. THICKEY Debtor(s) Chapter: 13 Case Number: 1:08-bk-03186-MDF CHARLES J. DEHART, III CHAPTER 13 TRUSTEE Movant(s) vs. RANDI B. THICKEY Respondent(s) ORDER DISMISSING CASE Upon consideration of the Trustee's Motion to dismiss case and it having been determined after notice and no response that the case should be dismissed, it is ORDERED that the above-named case of the debtor(s) be and it hereby is dismissed. By the C'01wt, r Ban rup Judge (]DK) This document is electronically signed and filed on the same date. Dated: February 11, 2009 MDPA-Dismiss Case. W PT - REV 12/08 Case 1:08-bk-03186-MDF Doc 46 Filed 02/11/09 Entered 02/12/09 09:09:52 Desc Main Document Page 1 of 1 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., CIVIL DIVISION NO.: 08-1235 Civil Term Plaintiff, VS. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) American Home Mortgage Servicing, Inc., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Randi Bruce Thickey a/k/a Randi - Bruce Thickey located at 5 Clearview Drive a/k/a 5 Bellaire Avenue, Carlisle, Pennsylvania 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RANDI BRUCE THICKEY A/K/A RANDI - BRUCE THICKEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF NORTH MIDDLETON, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 CLEARVIEW DRIVE A/K/A 5 BELLAIRE AVENUE, CARLISLE, PA 17013. DEED BOOK VOLUME 268, PAGE 3413 AND PARCEL NUMBER 29-15-1247-033. 1. The name and address of the owner or reputed owner: Randi Bruce Thickey a/k/a Randi - Bruce Thickey 2. The name and address of the defendant in the judgment: Randi Bruce Thickey a/k/a Randi - Bruce Thickey 5 Clearview Drive Carlisle, PA 17013 5 Clearview Drive Carlisle, PA 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: American Home Mortgage Servicing, Inc. North Middleton Authority c/o Martson, Deardorff, Willimas & Otto William J. Frodsham PLAINTIFF 10 East High Street Carlisle, PA 17013 801 North 67`h Avenue Yakima, WA 98908 4. The name and address of the last record holder of every mortgage of record: American Home Mortgage Servicing, Inc. PLAINTIFF Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501 American Home Mortgage 520 Broadhollow Road Melville, NY 11747 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations PA Department of Revenue Commonwealth of Pennsylvania P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. A. idler, Esquire Attorney for Plaintiff SWORN to and subscribed before OF PENNSYLVANIA WMOMW .AL sow Petricle A ToW~d. NOmy Pub0c CRY ofCa ,,gephany County ? June 2, 2011 Member, P?nsylvania p?n of Nobs me this day of bcn-l '2009. LED {`{u M9ArR29 h 12. 03 ?:, "NIT Y IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE CIVIL DIVISION SERVICING, INC., NO.: 08-1235 Civil Term Plaintiff, VS. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Randi Bruce Thickey a/k/a Randi - Bruce Thickey 5 Clearview Drive Carlisle, PA 17013 TAKE NOTICE that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2nd Floor I Courthouse Square Carlisle, PA 17013 on September 2, 2009 at 10:00 A.M., the following described real estate, of which Randi Bruce Thickey a/k/a Randi - Bruce Thickey is the owner or reputed owner: ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RANDI BRUCE THICKEY A/K/A RANDI - BRUCE THICKEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL. ESTATE SITUATED IN THE TOWNSHIP OF NORTH MIDDLETON, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 CLEARVIEW DRIVE A/K/A 5 BELLAIRE AVENUE, CARLISLE, PA 17013. DEED BOOK VOLUME 268, PAGE 3413 AND PARCEL NUMBER 29-15-1247-033. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of American Home Mortgage Servicing, Inc., Plaintiff, vs. Randi Bruce Thickey a/k/a Randi - Bruce Thickey, Defendant, at Execution Number 08-1235 Civil Term in the amount of $190,810.94. A Schedule of Distribution will be filed by the Office of the Sheriff no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. A. Fidler, Esquire ;1toWmey for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN TFIF COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME: MORTGAGE: CIVIL DIVISION SERVICING, INC., NO.: 08-1235 Civil Term Plaintiff, vs. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. LONG FORM DESCRIPTION ALL that certain tract of land with the improvements thereon erected situate in North Middleton, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the East side ofClearview Avenue (33 feet wide) at line of Lot No. 16 on the plan of lots of Hill Top Manor, as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 11, Page 39; thence from said beginning point by the line of Lot No. 16, now or formerly of Ralph R. Moran, North 67 degrees 30 minutes East 150 feet to a point; thence by land of Arthur R. and Gladys E. Klinger, South 22 degrees 30 minutes East 100 feet to a point; thence by the same South 77 degrees 20 minutes East 24.69 feet to a point; thence by the line of Lot No. 19 on said plan, now or formerly of Lee R. Bear, et ux., South 12 degrees 30 minutes West 150 feet to a point at the Northern line of Bellaire Avenue; thence by the Northern lien of Bellaire Avenue North 77 degrees 20 minute West 61.0 feet to a point; thence by a curve to the right having a radius of 80 feet, the arc distance of 76.56 feet to a point; thence by the Eastern line of Clearview Avenue North 22 degrees 30 minutes West 136.31 feet to a point, the Place of BEGINNING. BEING Lots Nos. 17 and 18 on the plan of lots known as Hill Top Manor, duly recorded in Plan Book 11, page 39. RAVING thereon erected a split-level stone dwelling. BEING the same premises which Scott Hench, married by Deed dated April 15, 2005 and recorded in the Office of the Recorder of Deeds of'Cumberland County on May 2, 2005 in Decd Book Volume 268, Page 3413, granted and conveyed unto Randi-Bruce Thickey. GRENFN & BIRSIC, P.C. By: , . A. Fidler, squire Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1235 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN HOME MORTGAGE SERVICING, INIC., Plaintiff (s) From RANDI BRUCE THICKEY a/k/a RANDI-BRUCE THICKEY (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 $169,619.60 L.L. Interest -- $21,191.34 Atty's Comm % Due Prothy $2.00 Atty Paid $1,071.98 Other Costs Plaintiff Paid Date: 4/29/09 turtis R. L othono (Seal) By: REQUESTING PARTY: Name: JOSEPH A. FIDLER, ESQUIRE Address: GRENEN & BIRSIC, PC ONE GATEWAY CENTER, NINTH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Deputy Telephone: 412-281-7650 Supreme Court ID No. 87325 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION AMERICAN HOME MORTGAGE SERVICING, INC., NO.: 08-1235 Civil Term Plaintiff, VS. RANDI BRUCE THICKEY, a/k/a RANDI-BRUCE THICKEY, Defendant. TYPE OF PLEADING: Pa. R.C.P. RULE 3129.2(c)(2) PURSUANT TO RULE 3129.1 LIENHOLDER AFFIDAVIT OF SERVICE FILED ON BEHALF OF PLAINTIFF: American Home Mortgage Servicing, Inc. COUNSEL OF RECORD FOR THIS PARTY: Joseph A. Fidler, Esquire Pa. I.D. #87325 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: 9/2/2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION AMERICAN HOME MORTGAGE SERVICING, INC., NO.: 08-1235 Civil Term Plaintiff, VS. RANDI BRUCE THICKEY, a/k/a RANDI-BRUCE THICKEY, Defendant. Pa. R.C.P. RULE 3129.2(c)(2) LIENHOLDER AFFIDAVIT OF SERVICE I, Joseph A. Fidler, Attorney for Plaintiff, American Home Mortgage Servicing, Inc., being duly sworn according to law, deposes and makes the following Affidavit regarding service of the notice of the sale of real property on all persons named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 as follows: 1. By letters dated May 19, 2009, undersigned counsel served all persons (other than the Plaintiff) named in Paragraphs 3 through 7 of Plaintiffs Affidavit Pursuant to Rule 3129.1 with a notice of the sale of real property by ordinary mail at the respective addresses set forth in the Affidavit Pursuant to Rule 3129.1. True and correct copies of said Affidavit Pursuant to Rule 3129.1, Certificate of Mailing and any letters, if returned as of this date, are marked Exhibit "A," attached hereto, and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information and belief. GRENEN & BIRSIC, P.C. P90K A. Fidler, Esquire orney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS 14* DAY OF 2009. .? Gl Notary Public COMMOMEAL-M of PEfWWYLVANA Notaft Seel My Of PubX01 AkSt" Cow* My cwnttt?wt ??w ? 7, ? ? MefMt?e?, hnn?ylvsnt? A+?oellMlon of Notaries 0 0 IN "THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., CIVIL DIVISION NO.: 08-1235 Civil Term Plaintiff, vs. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE "THICKEY, Defendant. AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) American Home Mortgage Servicing, Inc., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Randi Bruce Thickey a/k/a Randi - Bruce Thickey located at 5 Clearview Drive a/k/a 5 Bellaire Avenue, Carlisle, Pennsylvania 17013 and is more fully described as follows: ALL "I'II1 RIGHT, TITLE, INTEREST AND CLAIM OF RANDI BRUCE THICKEY A/K,'A RANDI - BRUCI: T1llCKEY OF, IN AND TO "THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN TIlF TOWNSHIP OF NORTH MIDDLETON, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 CLEARVIEW DRIVE AiK/A 5 BELLAIRE AVENUE, CARLISLE, PA 17013. DEED BOOK VOLUME 268, PAGE 3413 AND PARCEL NUMBER 29-15-1247-033. 0 1. The name and address of the owner or reputed owner: Randi Bruce Thickey a/k/a Randi - Bruce Thickey 2. The name and address of the defendant in the judgment: Randi Bruce Thickey a/k/a Randi - Bruce "Thickey 5 Clearview Drive Carlisle, PA 17013 5 Clearview Drive Carlisle, PA 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: American Home Mortgage Servicing, Inc. North Middleton Authority c/o Martson, Deardorff, Willimas & Otto William J. Frodsham PLAINTIFF 10 East High Street Carlisle, PA 17013 801 North 67`h Avenue Yakima, WA 98908 4. The name and address of the last record holder of every mortgage of record: American Home Mortgage Servicing, Inc. PLAINTIFF Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501 American Home Mortgage 520 Broadhollow Road Melville, NY 11747 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations PA Department of Revenue Commonwealth of Pennsylvania P.O. Box 320 Carlisle, PA 17013 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 CJ i 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None 1 verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. 1 understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. ,ojijfi A. 17idter, Esquire Attorney for Plaintiff SWORN to and subscribed before me this day of , 2009. Notary Public COMMOW ALMj OF PENNSYLVANW fond. A T. City of pK000- A MOWY Cou'" COI Xm 2, 2011 Mme. Parnayw?Is AMOCiM ? Noah ? L X? tf) LL LL d LL v ? O i a m 7 in ?d u Q1 C L y rn = U G. m ? c '° cce m N 'spa m .''?pO ? y? 0? m fy ? e3. `3' ???6 lO y m LL o m .:1 S l h o a N m E U S C : c C 41 d °E $ O mac ' °? '2 0 7 G m N ?0c3? U ? d o f?+ d c p Y o U O ? E ? U r O? N? O N d 0 0 C!1 fy ! ? U i Q b11 4 N It E? zN? °t y p ""p x o K„"' Or ' > 76 V) d i . .2 t7? > o f ?C 000 U v, o o a U O O N £ vU ? w W o Q a ? 5 Y bD CO c ? a 0 3 ? E 0 CL - CV cM 2 ? /c. ? m L N? {i c O G m ' d N v 4 V 7 a N N N d ? a d c co o c m 3 C E R, ? m T O? p N } m r + 61 d o ? O -+ ?N d p o OO a Y ?D a ?N bD a Nd N 60 O U O.p ?M.?' m wU tx?ax ^ Cl) N N tv_1 e- O O 113 d N J O > y 0 0 CL m a O p 'Y+ 4 Q co LL ,.. o CL N N _ n co M M. O Q c Z 0 Cn C7 a. 06 A w OF THE 2 C. 9 jI_.`_ r?Cr?id? ? +7r IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION AMERICAN HOME MORTGAGE SERVICING, INC., NO.: 08-1235 Civil Term Plaintiff, VS. RANDI BRUCE THICKEY, a/k/a RANDI-BRUCE THICKEY, TYPE OF PLEADING: Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Defendant. FILED ON BEHALF OF PLAINTIFF: American Home Mortgage Servicing, Inc. COUNSEL OF RECORD FOR THIS PARTY: Joseph A. Fidler, Esquire Pa. I.D. #87325 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SALE DATE: 9/2/2009 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION AMERICAN HOME MORTGAGE SERVICING, INC., NO.: 08-1235 Civil Term Plaintiff, VS. RANDI BRUCE THICKEY, Wk/a RANDI-BRUCE THICKEY, Defendant. Pa. R.C.P. RULE 3129.2(c) AFFIDAVIT OF SERVICE DEFENDANTS/OWNERS Joseph A..Fidler, Attorney for Plaintiff, American Home Mortgage Servicing, Inc., being duly sworn according to law deposes and makes the following Affidavit regarding service of Plaintiffs notice of the sale of real property in this matter on September 2, 2009 as follows: 1. Randi-Bruce Thickey is the owner of the real property and has not entered an appearance of record. 2. By letter dated May 19, 2009, the undersigned counsel served Defendant with a true and correct copy of Plaintiffs notice of the sale of real property by certified mail, restricted delivery, return receipt requested, addressed to 5 Clearview Drive, Carlisle, Pennsylvania 17013. On or about May 21, 2009, the signed certified mail receipt was returned to Plaintiff, indicating Defendant was served with the Notice of Sheriff's Sale. A true and correct copy of the returned certified mail receipt is marked Exhibit "A," attached hereto and made a part hereof. I verify that the facts contained in this Affidavit are true and correct based upon my personal knowledge, information, and belief. GRENEN & BIRSIC, P.C. dler, Esquire ttorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS 14A DAY OF 2009. Notary Public COMMONWEALTH OF POMYLVAMA Notarial Seel Rebecca G. KpdW Notary Public City Of PWAburgh, Alegherry Cowley My COW" M E*ft JUM 2, 2011 Mambar, P*"YlvaMa Aasoota W of Notaries "OrSIM 7-mbi 1Z ?-Iw to AM ? ,?- ' _ ffi S O imal 1 14 Md1N Y bbd". w R M tX WYM Oi 1. Bruce Thicket Ada Thicket {. Bruce 5 Coyiew I7n? ? F?°a`r` a "ter ?' lisle, PA 1013 Car ' Fillillill AL 43?d 323D OD03 280? , 7008 ?, s?? etc ?+^ p'"°? ps.Faix" 38fij. F4WUwV 2004 'r _ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA cn f.V c? AMERICAN HOME MORTGAGE ) CIVIL DIVISION SERVICING, INC., ) NO.: 08-1235 Civil Term N Plaintiff, ISSUE NUMBER: N vs. ) _. .. 1 TYPE OF PLEADING: RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, MOTION TO OPEN SHERIFF'S SALE Defendant. CODE- FILED ON BEHALF OF PLAINTIFF: AMERICAN HOME MORTGAGE SERVICING, INC. COUNSEL OF RECORD FOR THIS PARTY: Joseph A. Fidler, Esquire Pa. ID #87325 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 ?J (T t3 _? rTr IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE CIVIL DIVISION SERVICING, INC., Plaintiff, VS. NO.: 08-1235 Civil Term RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. MOTION TO OPEN SHERIFF'S SALE Plaintiff, American Home Mortgage Servicing, Inc., by its attorneys, GRENEN & BIRSIC, P.C., and files the within Motion to Open Sheriffs Sale as follows: 1. The Sheriff of Cumberland County, Pennsylvania, pursuant to Writ of Execution issued on April 29, 2009, in the above-captioned matter, did sell certain real property known as 5 Clearview Drive a/k/a 5 Bellaire Avenue, Carlisle, PA 17013 (hereinafter the Property"), as the Property of Randi Bruce Thickey a/k/a Randi - Bruce Thickey, Defendant. The sale of the Property was to the Plaintiff, American Home Mortgage Servicing, Inc. ("Plaintiff'). 2. A second mortgage, junior to Plaintiff s Mortgage, was given by the Defendant to MERS as Nominee for American Home Mortgage which was recorded on May 5, 2005 in the Recorders Office of Cumberland County, Pennsylvania at Deed Book 1905, Page 3189 in the original principal amount of $36,600.00 ("MERS Mortgage") 3. This mortgage was subsequently assigned to Citimortgage, Inc. 4. Citimortgage, Inc. filed a Complaint against the Defendant on June 2, 2009. A Judgment was entered in favor of Citimortgage, Inc. on July 24, 2008 at Judgment Number 2008-03394. S. Plaintiff did not send notice of the sheriff sale to Citimortgage, Inc. pursuant to 3129.1 and 3129.2. 6. Pennsylvania Rules of Civil Procedure 3129.1 and 3129.2 require notice of sheriffs sale be given to the holder of any record lien on the property being sold by ordinary mail at least thirty (30) days prior to the sale. 7. At the sheriffs sale on January 6, 2010, the only bid entered was on behalf of the Plaintiff for the sum of $1,229.22 which represented the costs of the sale although Plaintiff was prepared to bid to the amount of $143,920.00. 8. No member of the public attending the sale entered any bid. 9. Had any judgment holder been present at the sale, it would have been required to bid an amount as high, or higher than, that which Plaintiff was prepared to bid ($143,920.00). 10. Except as stated herein, all notices and advertisements of the sheriffs sale required by Pa. R.C.P. 3129.1 and 3129.2 were given. 11. The advertisements of the sale were accessible and available to all lien holders. 12. The failure to provide notice of sheriffs sale creates a technical question concerning the title obtained by the Plaintiff at the sheriffs sale which may adversely affect the future marketability and insurability of the title. 13. Citimortgage, Inc. was entitled to notice of the sale and should be given the opportunity to bid on the property as they would have on January 6, 2010. 14. Marketability and insurability of the title will be assured by an order of this court affirming that the sheriffs sale was valid and unencumbered by said lienholder after the lien creditor is given thirty (30) days notice of its right to bid at a sale. 15. Citimortgage, Inc. will not be prejudiced by the entry of an Order opening the sale as Citimortgage, Inc., or its agent, will have the same rights it previously would have had to bid at the original Sheriff Sale in order to protect its lien interest. 16. This Motion is being filed pursuant to Cumberland County Local Rule 208.1 and no Judge has ruled upon any other issue in this case or any related matter. 17. The Defendant in this matter is pro se and not attorney has entered an appearance of record on behalf of the Defendant. WHEREFORE, American Home Mortgage Servicing, Inc., respectfully requests that the sheriff's sale of said real property be opened and the real property be offered for resale by the Sheriff of Cumberland County after notice of such resale to Citimortgage, Inc. and its servicer and/or agent in accordance with Pa. R.C.P. 3119.2(c)(1)(iii), but without further notice of advertisement. GRENEN & BIRSIC, P.C. BY: P/. ID #87325 One Gateway Center, 90' Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., Plaintiff, CIVIL DIVISION NO.: 08-1235 Civil Term VS. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. ORDER OF COURT AND NOW, this day of 2010, upon consideration of the foregoing Motion to Open Sheriff Sale in the above matter, it is hereby ORDERED, ADJUDGED and DECREED that the Sheriffs Sale on January 6, 2010, of the premises known as 5 Clearview Drive a/k/a 5 Bellaire Avenue, Carlisle, PA 17013 ("Property"), is hereby opened solely for the purpose of providing Rule 3129.1 notice to Citimortgage, Inc., and the allowance of opportunity for said lien holders to bid their interest. It is further ORDERED that the Sheriff shall resell the Property without further advertisement or notice by the Sheriff at the next available sheriffs sale more than thirty (30) days after notice of the sale and a copy of this Order have been served on said lien holders by ordinary mail, addressed to said lien holder No one other than Citimortgage, Inc. and the Plaintiff shall be permitted to bid at the sale. An affidavit of such service pursuant to Pa. R.C.P. 3129.1 and 3129.2 shall be filed with the Office of the Prothonotary and with the Sheriff. Should there be no bids by Citimortgage, Inc., the sale conducted on January 6, 2010 by the Sheriff of Cumberland County shall be affirmed upon filing of an affidavit by counsel for Plaintiff that there are no third party bidders. BY THE COURT J. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE CIVIL DIVISION SERVICING, INC., Plaintiff, VS. NO.: 08-1235 Civil Term RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. CERTIFICATE OF SERVICE The undersigned hereby certifies that a true and correct copy =?by n Motion to Open Sheriffs Sale was mailed to the following on this 7?``ziay of first class mail postage prepaid on the following: Citimortgage, Inc. 750 Washington Blvd 7 FL Stamford CT 06901 Brit J. Suttell, Esquire 1060 Andrews Drive Suite 170 West Chester, PA 19380 Randi Bruce Thickey a/k/a Randi - Bruce Thickey 5 Clearview Drive Carlisle, PA 17013 Cumberland County Sheriff Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17103-3387 GRENEN & BIRSIC, P.C. BY: r'A ID #87325 Attorneys for Plaintiff One Gateway Center, 9u` Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., Plaintiff, VS. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. CIVIL DIVISION NO.: 08-1235 Civil Term ORDER OF COURT AND NOW, this ? day of 2010, upon consideration of the foregoing Motion to Open Sheriff Sale in the above matter, it is hereby ORDERED, ADJUDGED and DECREED that the Sheriffs Sale on January 6, 2010, of the premises known as 5 Clearview Drive a/k/a 5 Bellaire Avenue, Carlisle, PA 17013 ("Property"), is hereby opened solely for the purpose of providing Rule 3129.1 notice to Citimortgage, Inc., and the allowance of opportunity for said lien holders to bid their interest. It is further ORDERED that the Sheriff shall resell the Property without further advertisement or notice by the Sheriff at the next available sheriffs sale more than thirty (30) days after notice of the sale and a copy of this Order have been served on said lien holders by ordinary mail, addressed to said lien holder. No one other than Citimortgage, Inc. and the Plaintiff shall be permitted to bid at the sale. ' I D a r' M V0 t 7i C? .' t 7 C? lY .? CD An affidavit of such service pursuant to Pa. R.C.P. 3129.1 and 3129.2 shall be filed with the Office of the Prothonotary and with the Sheriff. Should there be no bids by Citimortgage, Inc., the sale conducted on January 6, 2010 by the Sheriff of Cumberland County shall be affirmed upon filing of an affidavit by counsel for Plaintiff that there are no third party bidders. BY THE COURT `o i ?£S' rrt? a-?ie?cv IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., Plaintiff, CIVIL DIVISION NO.: 08-1235 Civil Term TYPE OF PLEADING VS. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 FILED ON BEHALF OF PLAINTIFF: Defendant. AMERICAN HOME MORTGAGE SERVICING, INC. COUNSEL OF RECORD FOR THIS PARTY: SALE DATE: 04/07/2010 Joseph A. Fidler, Esquire Pa. I.D. #87325 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 n v C7 ;? G? rr7 ?-;'? 7s- S ` CI. U `-` zr C7 ( rlo i. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., Plaintiff, CIVIL DIVISION NO.: 08-1235 Civil Term VS. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. SUPPLEMENTAL AFFIDAVIT PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF ALLEGHENY ) American Home Mortgage Servicing, Inc., Plaintiff in the above-captioned action files the instant Supplemental Affidavit Pursuant to Rule 3129.1. The information identified below is in addition to the information previously identified in the Affidavit Pursuant to Rule 3129.1. As of the date that the Praecipe for Writ of Execution was filed, the information set forth below was of record concerning the real property of Randi Bruce Thickey a/k/a Randi-Bruce Thickey located at 5 Clearview Drive a/k/a 5 Bellaire Avenue, Carlisle, PA 17013, and is more fully described as follows ALL THE RIGHT, TITLE, INTEREST AND CLAIM OF RANDI BRUCE THICKEY A/K/A RANDI - BRUCE THICKEY OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF NORTH MIDDLETON, COUNTY OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 CLEARVIEW DRIVE A/K/A 5 BELLAIRE AVENUE, CARLISLE, PA 17013. DEED BOOK VOLUME 268, PAGE 3413 AND PARCEL NUMBER 29-15-1247-033. The name and address of every judgment creditor whose judgment is a record lien on the real property to be sold: Citimortgage, Inc. 750 Washington Blvd 7 FL Stamford CT 06901 Brit J. Suttell, Esquire 1060 Andrews Drive Suite 170 West Chester, PA 19380 2. By letters dated February 25, 2010, undersigned counsel served the persons named above with a notice of the sale of real property by ordinary mail at the address set forth above. A true and correct copy of the Certificates of Mailing are marked Exhibit "A", attached hereto, and made a part hereof. I verify that the statements made in the Supplemental Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. GRENEN & BIRSIC, P.C. riaier, Ls-quire for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 SWORN TO AND SUBSCRIBED BEFORE ME THIS DAY OF , 2010. C10 6 i Cat 0 Notary Public COMMOMNEALTH OF PENNSYLVANIA Notarial Seed Psb Ma A. Townsend, Notary Pubhe Cty of Phtsburgh, A Cheny County My Comrnlsslon rune 2, 2011 Member, is Association of Notarles ? 1 U.S. POSTAL SERVICE CERTIFICATE OF MAILING MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT PROVIDE FOR INSURANCE-POSTMASTER Received From: Grenen & Birsic, RC. One Coat way Center, 9m Floor, Pittsburgh PA 15222 One piece of ordinary mail addressed to., S , Key Brian J. Suttell, Esquire _ 1060 Andrews Drive -" Suite 170 West Chester, PA 19380 Affix fee here in stamps brrage and uire of current r; 'yl PS Form 3817, January 2001 U.S. POSTAL SERVICE CERTIFICATE OF MAILING; MAY BE USED FOR DOMESTIC AND INTERNATIONAL MAIL, DOES NOT +PROVIDE FOR INSURANCE-POSTMASTER Received From: Grenen & Birsic P.C. 1 One Gateway Center, 91+ Floor. Pittsburgh, PA 15222 One piece of ordinary mail addressed to:-?y- Citimortgage, Inc. _ 750 Washington Blvd, 7 FL Stamford, CT 06901 tamps and of 1kinquire rrent m? PS Form 3817, January 2001 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNS VVIA ' CIVIL DIVISION as NO.: 08-1235 Civil Term s AMERICAN HOME MORTGAGE ) SERVICING, INC., ) ISSUE NUMBER: Plaintiff, VS. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. TYPE OF PLEADING: AFFIDAVIT OF NO THIRD PARTY BIDDERS CODE- FILED ON BEHALF OF PLAINTIFF: American Home Mortgage Servicing, Inc. COUNSEL OF RECORD FOR THIS PARTY: Joseph A. Fidler, Esquire Pa. I.D. #87325 GRENEN & BIRSIC, P.C. One Gateway Center Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION AMERICAN HOME MORTGAGE SERVICING, INC., NO.: 08-1235 Civil Term Plaintiff, vs. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. AFFIDAVIT OF NO THIRD PARTY BIDDERS I, Joseph A. Fidler, do hereby certify that pursuant to Order of Court dated February 17, 2010, the Sheriff of Cumberland County resold that certain property known as 5 Clearview Drive aka 5 Bellaire Avenue, Carlisle, PA 17013 on April 7, 2010, after notice to the required lienholders. There were no third party bidders at said sale. GRENENA BIRSIC, P.C. B oseph A. Fidler, Esquire Attorney for Plaintiff One Gateway Center-Ninth Floor Pittsburgh, PA 15222 Sworn to an subscribed before me this _ day of , 2010. Notary Public FCO? H P NNSYLVANW oterlaW 8su A T r+Wd. Notary Public 0? . ANaOt?any C2X01ounty Junb 1 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor 4rttr of clun6rrfr0 OFFICE -f 7HE ?,t-ERIFF 20101l =,Y 24 PM 12: 25 tJt,1 'v s American Home Mortgage Servicing Inc Case Number VS. Randi B Thickey 2008-1235 SHERIFF'S RETURN OF SERVICE 06/20/2009 08:43 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 20, 2009 at 0841 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 Randi Bruce Thickey, located at, 5 Clearview Drive, a/k/a 5 Bellaire Avenue, Carlisle, Cumberland County, Pennsylvania according to law. 06/20/2009 08:43 AM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 20, 2009 at 0841 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: Randi Bruce Thickey, by making known unto, Randi Bruce Thickey, personally, at, 5 Clearview Drive a/k/a 5 Bellaire Avenue, Carlisle, Cumberlanc County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same, 09/01/2009 Property sale postponed to 11/4/2009. 10/30/2009 Property sale postponed to 1/6/2010. 01/06/2010 Property sold to Mortgage Company for 1.00 on 1/6/10 02/25/2010 Order of Court issued 2/17/10 directing that the Sheriffs Sale held on 1/6/10 is hereby opened soley for the purpose of providing Rule 3129.1 notice to CITIMORTGAGE, Inc., and open to this lienholder only to bid their interest. 02/25/2010 Sale is postponed to April 7, 2010 per letter of instruction from Attorney Joseph Fidler 2/25/10 02/25/2010 PROPERTY SALE POSTPONED TO 4/7/2010. 04/07/2010 Ronny R. Anderson, 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 April 7, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Joseph Fidler, on behalf of, Deutsche Bank, National Trust Company, et. al., 4600 Regent Blvd, Suite 200, Irving, TX 75063, being the buyer in this execution, paid tc Sheriff Ronny R. Anderson, the sum of $ 926.22 05/17/2010 Deed recorded on 5/17/10 SHERIFF COST: $926.22 SO ANSWERS, May 17, 2010 RON R ANDERSON, SHERIFF ro. 00 fd, a4, a .ov fet ` CO e? 75 ySy Ici CountySulte Sheriff . Teleosoft, Inc. I vW e IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUN'T'Y, PENNSYLVANIA AMERICAN HOME MORTGAGE SERVICING, INC., Plaintiff, CIVIL DIVISION NO.: 08-1235 Civil Term vs. RANDI BRUCI THICKEY a/k/a RANDI - BRUCE TIIICKEY, Defendant. AFFIDAVI'T' PURSUANT TO RULE 3129.1 COMMONWEALTH OF PENNSYLVANIA ) SS: COUNTY OF CUMBERLAND ) American Home Mortgage Servicing, Inc., Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property of Randi Bruce Thickey a/k/a Randi - Bruce Thickey located at 5 Clearview Drive a/k/a 5 Bellaire Avenue, Carlisle, Pennsylvania 17013 and is more fully described as follows: ALL THE RIGHT, TITLE, INTERES'T' AND CLAIM OF RANDI BRUCE THICKEY A/K/A RANDI - BRUCI: "['IHCKf:Y OF, IN AND TO THE FOLLOWING DESCRIBED PROPERTY: ALL 'I HE FOLLOWING DESCRIBED REAL ESTATE SITUATED IN THE TOWNSHIP OF NORTH MIDDLETON, COUN'T'Y OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. HAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 CLEARVIEW DRIVE A/K/A 5 BELLAIRE AVENUE, CARLISLE, PA 17013. DEED BOOK VOLUME 268, PAGE 3413 AND PARCEL NUMBER 29-15-1247-033. 1. The name and address of the owner or reputed owner: Randi Bruce Thickey a/k/a Randi - Bruce Thickey 2. The name and address of the defendant in the judgment: Randi Bruce Thickey a/k/a Randi - Brucc Thickey 5 Clearview Drive Carlisle, PA 17013 5 Clearview Drive Carlisle, PA 17013 3. The name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: American I lome Mortgage Servicing, Inc North Middleton Authority c/o Martson, Deardorff, Willimas & Otto William J. Frodsham PLAINTIFF 10 East High Street Carlisle, PA 17013 801 North 67`h Avenue Yakima, WA 98908 4. The name and address of the last record holder of every mortgage of record: American Home Mortgage Servicing, Inc. PLAINTIFF Mortgage Electronic Registration Systems, Inc. P.O. Box 2026 Flint, MI 48501 American Home Mortgage 520 Broadhollow Road Melville, NY 11747 5. The name and address of every other person who has any record lien on the property: Cumberland Domestic Relations P.O. Box 320 Carlisle, PA 17013 PA Department of Revenue Commonwealth of Pennsylvania Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Department of Welfare P.O. Box 2675 Harrisburg, PA 17105 6. The name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: None 7. The name and address of every other person whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: None I verify that the statements made in the Affidavit are true and correct to the best of my personal knowledge, information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn falsification to authorities. j4P6 A. idler, Esquire "Attorney for Plaintiff SWORN to and subscribed before me this day of 12009. Notary Public TI I OF PENNSYLVANIA COMMONWEAL No1Ma1 Seal PaViGe A Townsend. Notary PublIc City of Pittsburgh, AIWOWY County ms June 2-2011 My Commission Member, Pennsylvents Assoclatbn of NOv y - IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA AMERICAN HOME MORTGAGE CIVIL DIVISION SERVICING, INC., Plaintiff, vs. NO.: 08-1235 Civil Term RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. NOTICE OF SHERIFF'S SALE OF REAL ESTATE TO: Randi Bruce Thickey a/k/a Randi Bruce "Thickey 5 C learview Drive Carlisle, PA 17013 TAKE NOTICE, that by virtue of the above Writ of Execution issued out of the Court of Common Pleas of Cumberland County, Pennsylvania, and to the Sheriff of Cumberland County, directed, there will be exposed to Public Sale in the Cumberland County Courthouse Commissioners Hearing Room, 2nd Floor I Courthouse Square Carlisle, PA 17013 on September 2, 2009 at 10:00 A.M., the following described real estate, of which Randi Bruce Thickey a/k/a Randi - Bruce Thickey is the owner or reputed owner: ALL THE RIGS IT, TITLE, INTEREST AND CLAIM OF RANDI BRUCE "THICKEY A/K/A RANDI - BRUCE. THICKEY OF, IN AND TO "THE FOLLOWING DESCRIBED PROPERTY: ALL THE FOLLOWING DESCRIBED REAL ESTATE SI"TUA"TED IN THE TOWNSHIP OF NORTH MIDDLE"TON, COUN"I'Y OF CUMBERLAND, AND COMMONWEALTH OF PENNSYLVANIA. RAVING ERECTED THEREON A DWELLING BEING KNOWN AND NUMBERED AS 5 CLEARVIEW DRIVE A/K/A 5 BELLAIRE AVENUE, CARLISLE, PA 17013. DEED BOOK VOLUME 268, PAGE 3413 AND PARCEL NUMBER 29-15-1247-033. The said Writ of Execution has been issued on a judgment in the mortgage foreclosure action of American Home Mortgage Servicing, Inc., Plaintiff, vs. Randi Bruce Thickey a/k/a Randi - Bruce Thickey, Defendant, at Execution Number 08-1235 Civil Tenn in the amount of 5190,810.94 A Schedule of'Distribution will be filed by the Office of the Sheriff'no later than thirty (30) days from the sale date. Distribution will be made in accordance with the Schedule of Distribution unless exceptions thereto are filed with the Office of the Sheriff within ten (10) days from the date when the Schedule of Distribution is filed by the Office of the Sheriff. GRENEN & BIRSIC, P.C. By: A. Fidler, Esquire >/Vtorney for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 IN THE COURT OF COMMON PLEAS Ol CUMBERLAND COUNTY. PENNSYLVANIA AMERICAN HOME MORTGAGE CIVIL DIVISION SERVICING, INC., NO.: 08-1235 Civil 'T'erm Plaintiff, vs. RANDI BRUCE THICKEY a/k/a RANDI - BRUCE THICKEY, Defendant. LONG FORM DESCRIPTION ALL, that certain tract of land with the improvements thereon erected situate in North Middleton, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the Fast side oi'Clearview Avenue (33 feet wide) at line of Lot No. 16 on the plan of lots of Ifin Top Manor, as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 11, Page 39; thence from said beginning point by the line of Lot No. 16, now or formerly of Ralph R. Moran, North 67 degrees 30 minutes Fast 150 feet to a point; thence by land of Arthur R. and Gladys F. Klinger, South 22 degrees 30 minutes Fast 100 feet to a point; thence by the same South 77 degrees 20 minutes East 24.69 feet to a point; thence by the line of Lot No. 19 on said plan, now or formerly of Lee R. Bear, et ux., South 12 degrees 30 minutes West 150 feet to a point at the Northern line of Bellaire Avenue; thence by the Northern lien of Bellaire Avenue North 77 degrees 20 minute West 61.0 feet to a point; thence by a curve to the right having a radius of 80 feet, the arc distance of 76.56 feet to a point; thence by the Eastern line of Clearview Avenue North 22 degrees 30 minutes West 136.31 feet to a point, the Place of BEGINNING. BEING Lots Nos. 17 and 18 on the plan of lots known as Hill Top Manor, duly recorded in Plan Book 11, page 39. HAVING thereon erected a split-level stone dwelling. I BEING the same premises which Scott Hench, married by Deed dated April 15, 2005 and recorded in the Office of the Recorder of Deeds of Cumberland County on May 2, 2005 in Deed Book Volume 268, Page 3413, granted and conveyed unto Randi-Bruce Thickey. GRENEN & BIRSIC, P.C. BY: - --- - p A. Fidler, squire /Attorneys for Plaintiff One Gateway Center, Ninth Floor Pittsburgh, PA 15222 (412) 281-7650 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-1235 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due AMERICAN HOME MORTGAGE SERVICING, INIC., Plaintiff (s) From RANDI BRUCE THICKEY a/k/a RANDI-BRUCE THICKEY (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 $169,619.60 L.L. Interest -- $21,191.34 Atty's Comm % Due Prothy $2.00 Atty Paid $1,071.98 Other Costs Plaintiff Paid Date: 4/29/09 Curtis R. Lo J,othonot (Seal) By: REQUESTING PARTY: Name: JOSEPH A. FIDLER, ESQUIRE Address: GRENEN & BIRSIC, PC ONE GATEWAY CENTER, NINTH FLOOR PITTSBURGH, PA 15222 Attorney for: PLAINTIFF Telephone: 412-281-7650 Deputy Supreme Court ID No. 87325 Real Estate Sale # On May 15, 2009 the Sheriff levied upon the defendant's interest in the real property situated in North Middleton Township, Cumberland County, PA Known and numbered as, 5 Clearview Drive, a/k/a 5 Bellaire Avenue, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: May 4 5, 2009 By: Q Real Estate t Coordinator ?a Prepared By: Grenen & Birsic, P.C. One Gateway Center, 91h Floor Pittsburgh, PA 15222 Return To: Grenen & Birsic, P.C. One Gateway Center, 91h Floor Pittsburgh, PA 15222 Parcel No.: 29-15-1247-033 ASSIGNMENT OF MORTGAGE From Randi Bruce Thickey Mortgagor To American Home Mortgage Acceptance, Inc. Mortgagee Mortgage Dated: April 29, 2005 Mortgage Recorded: May 2, 2005 Mortgage Book Volume 1905, Page 3172 in the Recorder's Office of Cumberland County, Pennsylvania. Amount: $146,400.00 For value received and intending to be legally bound hereby, American Home Mortgage Acceptance, Inc., ("Assignor") does hereby this `-NA day of i- ARC '" , 2008, grant, sell, assign, transfer, set over and deliver unto American Home Mortgage Servicing, Inc., ("Assignee"), its successors and assigns, all right, title and interest of Assignor in and to the above-referenced Mortgage together with all of Assignor's rights, remedies, incidents and appurtenances as stated in the Mortgage and all of the right, title and interest of Assignor in the premises described in the Mortgage; and Assignor specifically assigns by this Assignment the debt instrument intended to be secured by the Mortgage. In Witness Whereof, Assignor has caused this Assignment to be executed by its hand and seal, with authority therefore, the day and year first above written. ATTEST: ?1 rat iY By: 5 Bellair Avenue a/k/a AMERICAN HOME MORTGAGE ACCEPTANCE, INC., Name: ek kT 4A 0, p Title: VICE ?E`.SipEt;)T Property Address: 5 Clearview Drive, Carlisle, PA 17013 North Middleton Township STATE OF TEXAS ) ss: COUNTY OF DALLAS ) On this, the r] .M day of Mf\K?A , 2008, before me, the undersigned officer, personally appeared &-,I3r RT I I A?Y?M A?.1 , who acknowledged himself to be the y ice E?RE_=? pFbJ7 of Mortgage Electronic Registration Systems, Inc., as Nominee for American Brokers Conduit, and that he, being authorized to do so, executed the foregoing Assignment of Mortgage for the purposes therein contained by signing the name of the corporation by himself. It Witness Whereof, l hereunto set my hand and official seal. Notary P he Certificate of Residence 1, Joseph A. Fidler, Esquire, do certify that the Assignee's precise residence is 4600 Regent Blvd., Suite 200, Irving, Texas 75063. G Commonwealth of Pennsylvania ) ss: County of Cumberland ) Recorded on this day of A.D. 2008, in the Recorder's Office of the said County, at Mortgage Book Volume Page Give under my hand and the seal of the said office the day and year aforesaid. WITNESS: By: Recorder 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. r Marie Coyne, Edi SWORN'I70 AND SUBSCRIBED before me this 7 da of Au ust 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE SALE NO. 92 Writ No. 2008-1235 Civil Amercan Home Mortgage Servicing Inc. vs. Randi Bruce Thickey a/k/a Randi-Bruce Thickey Atty.: Joseph Fidler ALL that certain tract of land with the improvements thereon erected situate in North Middleton, Cumber- land County, Pennsylvania, bounded and described as follows: BEGINNING at a point on the East side of Clearview Avenue (33 feet wide) at line of Lot No. 16 on the plan of lots of Hill Top Manor, as recorded in the Cumberland County Recorder of Deeds Office in Plan Book 11, Page 39; thence from said beginning point by the line of Lot No, 1 6, now or formerly of Ralph R. Moran, North 67 degrees 30 minutes East 1 50 feet to a point; thence by land of Arthur R. and Gladys E. Klinger, South 22 degrees 30 minutes East 100 feet to a point; thence by the same South 77 degrees 20 minutes East 24.69 feet to a point; thence by the line of Lot No. 19 on said plan, now or formerly of Lee R. Bear, et ux., South 12 de- grees 30 minutes West 150 feet to a point at the Northern line of Bellaire Avenue; thence by the Northern lien of Bellaire Avenue North 77 degrees 20 minute West 61.0 feet to a point; thence by a curve to the right having a radius of 80 feet, the arc distance of 76.56 feet to a point; thence by the Eastern line of Clearview Avenue North 22 degrees 30 minutes West 136.3 1 feet to a point, the Place of BEGINNING. BEING Lots Nos. 17 and 1 8 on the plan of lots known as Hill Top Manor, duly recorded in Plan Book 11, page 39. HAVING thereon erected a split- level stone dwelling. BEING the same premises which Scott Hench, married by Deed dated April 15, 2005 and recorded in the Office of the Recorder of Deeds of Cumberland County on May 2,2005 in Deed Book Volume 26 Page 3413, granted and conveyed unto Randi- Bruce Thickey. 'T:he Patriot News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 i4f 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 .... .. a Sword to and cri before me 4his'14 daV/of/Aueiust, 2009 A.D. 1_l Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Sea! Sherrie L. Kisner, Notary Public City Of Hamsburg; Dauphin County My Commission Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries 07/31/09 08/07/09 9010 No. 92 Writ Ameran Hahne Mori Servicing inc va. Randl BruceThlckey a/Wa RandloBrugeThlckey Atty: Joseph Fidler ALL that certain tract of land with the improvements thereon erected situate in North Middleton, Cumberland County, Pennsylvania, bounded and -described as follows: BEGINNING at a point on the East side of Clearview Avenue' (33 feet wide) at line of Lot No, 16 on the plan of lots of Hill Top Manor, as recorded in the Cumberland County Recorder of Deeds Office in Plea Book 11, Page 39; thence from said beginning point by the line of Lot No, 16, now or formerly of Ralph R. Moran, North 67 degrees 30 minutes East 1 50 feet to a point; thence by land of Arthur R. and Gladys E. Klinger, South 22 degrees 30 minutes East 100 feet to a point; thence by tbe same South 77 degrees 20 minutes bat 24.69 feet to a point; thence by the line of LotNo.,19 on said plan, now of formerly of Lee R. Bear, et ux., South 12 degrees 30 minutes West 150 feet to a point at the Northern line of. Bellaire Avenue; thence by the Northern lien of Bellaire Avenue North 77 degtoes 20 minute West 61.0 feet to a point; thence by a cutye to the right having a radius of 80 feet, the arc distance of 76.56 feet to a point; thence by the Eastern line of Clew-view Avenue North 22 degrees 30 minutes West 136.3 1 feet to ,a point, the Place- of BEGINNING. BEINGLots Nos. 17 and 18 on the plan of lots known as MU Top Manor, duly recorded in Plan Book i 1, page 39.. HAVING thereon erected a split-level stone dwelling. BEING the same premises which Scott Hencb, married by Deed .dated April 15, 2005 and recorded in the Office of the Recorder of Deeds of Cumberland County on May 2,2t1I15 in Deed Book Volume 26 Page 3413, granted and conveyed unto Randi-Bruce T%ckey 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 American Home Mtg Inv Trust 2005-2 Tr is the grantee the same having been sold to said grantee on the 7th day of April A.D., 2010, under and by virtue of a writ Execution issued on the 29th day of April, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 1235, at the suit of American Home Mtg Ser Inc against Randi Bruce Thicken aka Randi-Bruce Thickey is duly recorded as Instrument Number 201012610. IN TESTIMONY WHEREOF, I have hhe e,?mto set my hand and seal of said office this l ?-- day of