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HomeMy WebLinkAbout08-18619-11 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, vs. Plaintiff, Blair Ralph Howell, Jr.; Debra A. Howell Defendants. TO: DEFENDANTS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 7255 Baymeadows Wav Jacksonville FL 32256 AND THE DEFENDANT: 104 R. Walnut Street Boiling Springs PA 17007 CERTIFICATE OF LOCATION 1 HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFE CTED BY THIS LIEN IS 104 R Walnut Street Boiling Springs PA 17007 Municipality South Middleton Scott a, ?i?ft?ticl? ATTORNEY FOR PLAINTIFF ATTY FILE NO.: XCP 99847 CIVIL DIVISION NO.: o$ - I vp I Ci V i l (e?-w? TYPE OF PLEADING CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE FILED ON BEHALF OF: Washington Mutual Bank COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Richard P. Haber, Esquire Pa I.D. #202567 Eric Santos, Esquire Pa. I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberg.com File No.: XCP- 99847/bkm Zucker, Goldberg & Ackerman, LLC XCP-99847 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. § 1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Zucker, Goldberg & Ackerman, LLC XCP-99847 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, vs. Blair Ralph Howell, Jr.; Debra A. Howell Defendants. NO.: 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 SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XCP-99847 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, : NO.: vs. Blair Ralph Howell, Jr.; Debra A. Howell Defendants. AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone(800)990-9108 (717) 249-3166 LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XCP-99847 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, : NO.: vs. Blair Ralph Howell, Jr.; Debra A. Howell Defendants CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Washington Mutual Bank, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff, Washington Mutual Bank, which has its principal place of business at 7255 Baymeadows Way, Jacksonville, FL 32256. 2. The Defendants, Blair Ralph Howell, Jr. and Debra A. Howell, are individuals whose last known address is 104 R. Walnut Street, Boiling Springs, PA 17007. 3. On or about February 23, 2007, Blair Ralph Howell, Jr. and Debra A. Howell executed a Note in favor of Fremont Investment & Loan in the original principal amount of $156,600.00. Zucker, Goldberg & Ackerman, LLC XCP-99847 4. On or about February 23, 2007, as security for payment of the aforesaid Note, Blair Ralph Howell, Jr. and Debra A. Howell made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Fremont Investment & Loan a Mortgage in the original principal amount of $156,600.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on March 16, 2007, in Mortgage Book Volume 1985, Page 1821. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. The aforesaid Note and Mortgage was assigned by Mortgage Electronic Registration Systems, Inc. as nominee for Fremont Investment & Loan to Washington Mutual Bank, plaintiff herein, pursuant to an assignment of mortgage to be recorded. 6. Defendants are record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 8. On or about December 16, 2007, Defendant(s) were mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P. S. §101, et seq. Zucker, Goldberg & Ackerman, LLC XCP-99847 The amount due and owing Plaintiff by Defendants is as follows: Principal $ 155,945.93 Interest through 03/12/2008 $ 6,531.12 Attorneys' Fees $ 1,250.00 Title Search & Costs $ 2,500.00 Late Charges $ 273.16 Miscellaneous $ 8.90 Total Fees $ 57.00 Recoverable Balance $ 185.00 Total $ 166,751.11 plus interest on the principal sum ($155,945.93) from March 12, 2008, at the rate of $33.75 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $166,751.11, with interest thereon at the rate of $33.75 per diem from March 12, 2008, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackerman, LLC XCP-99847 ZUCKER, GOLDBERG & ACKERMAN BY: I'" C? Scott A. Dietterick, Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D.#89705 Richard P. Haber, Esquire PA I.D.#202567 Attorneys for Plaintiff 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 908-233-8500 FAX 908-233-1390 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XCP-99847 POOL: may 2007 fs01 SETTLEMENT DATE: 5/3012007 INVESTOR: WASHINGTON MUTUAL PRINTED BY: NADIA MEN -;; UNI-FORM RESIDENTIAL BARCODE FOR IMAGING Account Number 111111 ile1111111 LOAN3001288383 Short Name HOWELL JR. BLAIR Social Security Number 177424528 Property Street Address 104R WALNUT STREET Property City/State/Zip t?If?IIWI?IICW???l1?lU??ll??l?? ??1?? BOILING SPRINGS I PA 17007 Funding Date f Recorded Deed 11011111111 03-13-07 AAUG 1.9 2dO7 T11DT1111 USE TH SRSECTfOIV1?Et?t? EE +?l OR COLLATERAL FILES HAVE BEEN SHIPPED TO???'jj EIT DARY MARKETING TRAILING DOCUMENTS IMAGE IN THE FOLLOWING SECTION: ` FIL (Boarding I I Legal I I Other Legal J Documents) L... Documents Documents I? Income/Credit Title/Property Appraisal/ - i Tax Info. Property Default 'REO I Payoff L . . Management - L- , DISPOSITION: Return to Sender File in Original I Destroy - File L- _ Application/ "'Credit Approval Insurance Miscellane Future i Future I- ; Box To Ship g? 00 t,6 L E"; r ' ^•:.ER OF SEE R i IUD? rieR 16 RM 10 Ss ? 5 3; a 9,5 I 30000001288383 i ""CENTRAL PROPERTY SEARCH ! tJ `9 LAWN AVENUE SUITE 200 NORRISTOWN, PA 11403 e? 38t4oN?+-rZ i j ! ?, I t-.1-Jq r4 Li Con - i Fremont Investment b Loan P.O. BOX 34078 FULLERTON. CA 92834-34078 9r8 Parcel Number: Premiscs:100 WALNUT STREET 40-29-2482-149 + Boiling S•prings,.PA 17007 (Space Above'Uhh'Llne For Recording total- - MORTGAGE • MIN 1001944-3001288383-4 DEFINITIONS , Work used in multiple sections of this document are defined below and other words are defined in Sections 3, 11. 13, 18, 20 and 21. Certain rules regarding the usage of t.ords used in this document are also provided in Section 16. (A)"Security Instrument" means this document. which isdated February 23, 2007 together with all Riders to this document. 1 (B)"Borrower"is DEBRA A. HOWELL and BLAIR RALPH HOWELL JR. i I Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a sepande corporation that is acting solely as a nominee for Lender and lendces successors and assigns. 1 M ERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Rix 2026, Flint MI 48501-3026, tel. (888) 679-MERS. , , PENNSYLVANIA • Single Family - Fannle Ma dla Mae UNIFORM INSTRUMENT WITH MERS Form 3039 1101 I Pot11, (0502), nON. _ lIIIHilllllllIIn111oilIIIIN111111INIIINIIflllll VMP MOn2pl Solttem. Inc. 16001521-7201 I - I ( . all 1 0Q1; Dr_ I a0 1 (D)"Lender"is Fremont Investment & Loan Lender is a CORPORATION organized and existing under the laws of CALIFORNIA Lcnder'saddressis 2727 East Imperial Highway, Brea, CA 92821 (S) ",Note" means the promissory note signed by 1i rower and dated February 23. 2007 'I1tcNote states that Borrower owes Lender One Hundred Fifty-Six Thousand Six Hundred and 0/100ths Dollars (U.S. S 156.600.00 1 plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in fimll not later than : Ma rch 01. 2037 ' (F) "Property" means the property that is described below under the heading :Transfer or Rights in the Property. (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrunxnl, plus intcresi. (11) "Riders" means all Riders to this Security Instrument that are executed by'Rorrower. The following Riders are to be executed by Borrower [check box as applicable!: [_X1 Adjustable Kate Rider F] Condominium Rider C Second Hume Rider CJ Balloon Rider L_?] Planned Unit Development Rider [J 14 Family Rider CJ VA Rider LJ Biweekly Payment Rider [73 Other(s) (specify) 11) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the cMct of lavi) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fecs, and Assessments" means all dues, fees, assessments and other charges that our imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any trmsfier of rinds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is,not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. 1 (1.) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award ot'ifairrtages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section S) for: (i) damage to, or destruction of, the Property; IN) condemnation or other taking of all or any pan of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. i IN) "Mortgage Insurance" means insurance protecting Lender against the nonpayment or, or default on, the Loam. (O) 'Periodic Payment' means the regularly scheduled amount due for (1 principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. C 6A(PA)(0502) Paoa2 or 16 nrtaa Form 3039 1/01 i i (P) "RE.SPA" means the Real (state Settlement Procedures Act (12 U.S.C. Section 2601 et scq.) and its implementing rqulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the saute subject matter. As used in this Security Insiniment. "RESPA" refers to all requirements and restrictions that arc imposed in regard to a "federally related mortgage loan" even if the loan does not qualify is a "federally related mortgage loan" under RESPA. ! (Q) "Successor in Interest of Borrower" means any party that has taken title (ti the Property, whether or nut that party has assumed Borrowee s obligations under the Note and/or this Security Instrument, rRANSFGR OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) life - repayment of the Loan, and all renewals, extensions and modifications of the Note: and (ii) the perl'ormaricc of Borrowers covenants and agreements under this Security Instrument and the Note. For this purpose. Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MGRS, the following described limperty located in the County I'rype oritcwrding Jum.dictiunl of I INurne of K ording Jurisdiction) SEE EXHIBIT "A" ATTACHED HERETO AND i MADE A PART THEREOF: I which curmntly has the address of 104R WALNUT I Boiling Springs ("Property Address"): t STREET IStreeil [Col, Pennsylvania 17007 [Zip Code) TOGETIIGR WITTI all the improvements now or hereafter erected Ion the property, and all easements, appurtenances. and fixtures now or;hereaffer a part of the property. All replacements and additions shall also be covered by this Security, Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrow•er.undersUnds and agrcc.s'that MERS holds only legal title to the interests grented by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nomiruro for Lender and Lendcr's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited it2, the right to foreclose and sell the Pny+erty: and to take any action required of Ix-ndcr including, Sut not limited to, releasing mid canceling this Security Instrument. indau. _ ®-9AIPA) (0502) Pass 2 a to Form 5079 1101 m , BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Burrower warrants and will defend generally the title !o the Property against all claims and demands, subject to any encumbr aces of record. THIS SFCURI'I*Y INSTRUMENT combinei uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real Property j UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment' Charges, and Late (.1harges. Borrower shall pay when due the principal of, and interest on, the debt 'evidc6cid by the Note and any prepayment charges mid laic charges due under the Note. Borrower shall also pity funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by I ender. (a) cash: (b) money order;; (c) certified check, bank check, treasurer's check or cashier's chuck, 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. Pavnnms arc deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with tho notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to rclase 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 Pcrhxlic payment is applied as of its scheduled due dmc, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied fiends until Borrower makes payment to bring the Lout current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (h) principal due under die Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the'order in which it became due. Any remaining amounts shall be applied first to late charges, second to an*y other amounts due under this Security Instrument, and then to reduce the principal balance of die Note. If Lender receives a payment from &irrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied ua the delinquent payment and the late charge. 1f more than one Periodic Payment is outstanding. Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment i In ., ?4 A(PA) 10502) P.q of 8 Poem 303 9 1101 1 . I ' can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late'. charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments. insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall, pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the 'Tunds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property. (b) leasehold payments or ground rents on the Property, if any: (c) premiums for any and all insurance required by Lender under Section 5: and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any time during the tern of the Loan. Lender may rcyuire 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 leindcr the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds I'or 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 ofsuch waiver, Borrower shall pay directly, when and where payable, the amounts due fix any Escrow Items for which payment of Funds has been waived by' Lender and, if Lender requires, shall fumish to Lender receipts evidencing such payment within such time period as Lcndcr may require. Borrowers obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phnuc "covenant and agreement" is used in Section 9. If Borrower is obligated to?pay Escrow Items directly, ptirsuant to a waiver, and Burrower fails to pay the amount due for an Escrow Item, Lender may exercise is rights under Section 9 and pay such amount and rkArower shall then be;obligated under Section 9 to repay to Lender any such amount. )ender 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 rcveration, Borrower shall pry to Lcndcr all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lcndcr 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. 1 the Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lcndcr, if Lender is an institution whose deposits are so insured) or in any Federal Home Loam Bank. Lender shall apply the Funds to pay the Escrow Items no later ih un the time specified under Rf_SPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid 1m the Funds. Lender shall not bd required to pay forrower any interest or earnings can the Funds. Borrower hnd Lender can agree in writing, however, that interest ma1.1.. ®-6A(PA)105021 Pa9. 5 If 16 Form 3039 1101 ?6 I rnr*t- evo-tr, nr• v o-) C- shall be paid on the Funds. Lender shall give to Borrower, without charge, art annual accounting of the Funs as required by RESPA. If there is a surplus of Funds held in escrow, as delined under RESPA, Lender shall account to Borrower fix the excess fun& in accordance with RESPA. If there is a shortagc:of Funds held in escrow, as defined under RESPA. Lender shut[ notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly paymtcnts. If there is a deficiency of Funds held in escrow, as defined under RESPA, lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to muke up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by:this Security Instrument, Lender shall promptly refund to Borrower anv Funds hcW by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain prioriiy over this Security Instrument. leasehold payments or ground rents on the Property, if any, and Community Association Dues. Fees. and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Suction 3. Burrower shalt promptly discharge any lien which has priority over this Security, Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lenders opinion operate to prevent the cni'urcement of the lien white those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lcn der subordinating the lien to this Security Instrument. If Lester determines that any part of. the Nopcrty is subject to a lien which can stain priority over this Security Instrument, Lender may give Borrower u notice identifying the lien. Within IQ days of the date on which that notice is given. Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a r6l estate tax verification and/or reporting service used by Leader in connection with this Loan. 5. Property Insurance. Borrower shall keep the impmvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the tern "extended coverage," and any other hazuds including, but not limited to. earttxjuakes and floods, for which Lender requires insurance. 'Ibis insurance shall be maintained in the amounts (including deductible. levels) aril for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can charge during the term of the Loan. The insurance carrier providing the instrance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not he exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-tine charge for flood zone determination, certification and tracking services: or (h) a one-time charge for flood zone determination and certification services and subsequent charges each time rcmappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be resporisible for the payment of any fees imposed by the Federal Emergency Management'Agcncy in connection with the review of any flood zone determination resulting fron an objection by Borrower. MAW.: _ ®t-SA(PA) msoai P .O. a of to Form 30311 1107 BK 1985PG 1826 If Borrower tails to maintain any of the coverages described above. Lender may obtain insurance coverage, at Lendcrs option and Borrower's expense. Lender is under, no obligation to purchase any particular type or amount of coverage. 'Ibereforc, I such coverage shall cover Under. but might or might not protect Borrower, Borrower's equity in the Pniperty, or the contents of the Property, against any risk hazard or liability and might provide greater or lesser coverage than was, previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any'amounts disbursed by Lender'under this Section 5 shall become additional debt of Borrower secured by this Security instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest. upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any Porn of insurance coverage, not otherwise required by Lender. for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee: and/or as an additional loss payee. In the event of loss. Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Burrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not'thc underlying insuraue was're'quired by Lender, shall be applied to restoration or repair of the Property.i if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period. Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance prov6ds. Lender shall not he required to pay Borrower any interest or earnings on such proceeds. Dees 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 Burruwer. 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, it' any, paid to Borrower. Such insurance proceeds shall he applied in the order provided for in Section 2. 1 If Borrower abandons the Property. Lcrnlcr;may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice rrom lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property, under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security, Instrument, and (b) any other of Borrower s rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insufar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security, Instrument, whcther,or not then due. I nPo.b. Ct•9A(PA)rysora P.O. T.! to Forrn 3D39 1101 AV II 4RSPf. I R27 G. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall' not be unreasonably %iithhcid, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall re>t destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing inithe Property. Borrower shall-maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible. Borrower shall promptly repair the Property if' damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds fix such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is compleiLd. If the insurance or condemnation proceeds we not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. I Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notim at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrow& shall he in default if, during the Loan application process. Borrower or any persons or entities acting at the direction of Borrower or with Borrowers 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 but are not limited to, representations concerning Ilorrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest In the Properly and Rights tinder this Security Instrument. If (a) Borrower fails to pertirm the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect lentos interest in the Property and/or rights under this Security Instrument (such as a procceding in bankruptcy. probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority, over this Security Instrument or to enforce laws or regulations), or (c) BArrnwer has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and!or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any stars secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding.; Securing the Property includes. but is not limited to, entering the Property to make repairs, change lacks, 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'lhis 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. i i ? InNIb: ®•OA(PA) tosoxr PT a or 15 Form 3030 1101 nu s nrsc nt+ 1 0 70 j Any amounts disbursed by Lender under this Section 9 shall become additional debt of harrower secured by [his Stturity Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such int&est, upon notice from' I-ender to Bomiwer rcyuesting payment. I If this Security instrument is on a leasehold; Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, (he leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required,Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in etTect, at a cost substantially equivalenl to the cost to Borrower of the Mortgage Insurance previously in 01'ect. fame an alternate mortgage imurer selected by Lender. If substantially equivalent Mortgage Insurmee 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 cll'cct. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the IAtan is ultimately paid in full, and lender shall not be required to pay Borrower any interest or camings'on such loss reserve- lender can no longer require loss reserve payments if Mortgage Insurance coveragc'(in the amount and far'the period that Lander requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a nun-reftindablc luss rescue, 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 in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to tithe, and may enter into agreements with other parties that share or modify their risk, or reduce losses. these agreements arc on terns and conditions that are satisfadorv to the mortgage insurer and the other parry (or parties) to these agreements. These agreements may require the mortgage insurer to make'payntenls using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements. Lender, any purchwwer of the Note, anoiher insurer, any reinsurcr, any other entity, or any afliliute of any of the liregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments f'(tr Mortgage Insurance, in exchange for sharing or modifying file mortgage insurer's risk, M reducing' losses. If such agreement provides that an affiliate of Lender takes a share of' the insurers risk' in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Burrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Sack agreen7eets will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Burrower to any refund, 40.6A(PA)mo2t P.p gWIs -- Form 3039 1101 I (b) Any such agreements will not affect the rights Borrower has - If any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums tliat were unearned at the dnie of such cancellation or termination, ll. Assignment of Miscellaneous Proceeds: Forfeiture. All Miscellaneous Iroceeds arc hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied,to restoration or re pair of the Property, if the restoration or repair is economically feasible and lenders security is not lessened. During such repair and restoration period. Lender shall have the right to hold such Miscellancous 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 mark in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds. Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If tyre restoration or repair is not economically feasible or Lenders 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 cxecss, if any. paid to Ilorrowcr. Such Miscellaneous Proceeds shall he applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Pduperty, du Miscellaneous Proceeds shalt be applied to the sums secured by:this Security Instrument, whether or nut then due, with the excess, ifany 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 aniunt of the sums secured by:this Security Instrument immediately before the partial taking, destruction, or loss in value, unless BL;r ower and Lender otherwise agree in wriling, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fiction: (a) the total amount of the sums'secured immediately before the partial taking, destruction, or loss in value divided by (b) the lair market value of the Property immediately before the partial taking, destruction,'or loss in value. Any balance'shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately beforeithc partial taking, destruction, or loss in.valuc, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the Burns secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (ac defined in the next sentan:e)!nffcrs to make an award to settle a claim for damages. Burrower 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 Pam" 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. I)orrrower 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 L endee 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 i NitNc M-GA(PA);05021 P.p 10 or 1s Fonn 3039 1101 olr i ofaiz or t o,) n I dismissed with a ruling that, in Lender s judgment, precludes forfciturc of the Property or other material impairment of Lender's interest in the Properly ortrights under this Security Instrument. -Ihe proceeds, of anv award or claim for damages that are attributable to the impairment of Lender's interest in the property arc hereby assigned and shall be paid to lender. All Miscellaneous ProccLgs that are not applied to restoration or rcpair.of the Property shall be applied in the order provided fur in Section 2. 12. Borrower Not Released: Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortisation of the sums secured tky this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or anv Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for: payment M otherwise modify amortization of the sums secured by this Security histrument by rcawn of any demand made by the original l3onuwer or any Successors in Interest of Ilorrower. Any forbearance by Lender in exercising any right or remedy including, without limitation. Lender's acceptance of payments from third persons, entities or Successor% in Interest of Borrower or in amounts lAs than the amount torn due, shall not be a waiver of or preclude the exercise of any right or remedy. I 13. Point and Several Liability; Co-signers; Successors and Assigns Bound. Borrowcr covenants and agrees that Borrow'er's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "coo-signcr"): (a) is co-signing this Security Instrument only to mortgage, grant and ebnvey the co-signer's mtcresrin the Property under the terms or this Security Instrument; (h) 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 tennis of this Security Instrument or the Note without the co-signet s consent. I Subject to the provisions of Section )If, any Successor in Interest of Borrower who assumes Borrow'er's obligations under this Security Instrument in writing, and is approvid by Lender, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not bo released from Borrowers obligations and liability under this Security Instrument unless L.cnJci agrees to such release in writing. 'Ihc covenants and agreements of this Security htstrurmu shall bind (except as, provided in Section 20) and benefit the successors and assigns of Lender. 14. Lola Charges. Lender may charge Bo6wcr fees for services performed in connection with Borrower's dclault, for the purpose of protecting; Under' s interest in the Property and rights under this Security instrument, including, but not limited tolattoxneys' fees, properly 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 Burrower shall not he construed as a prohibition on the charging of such fit;. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan churgcs, and that law is finally interpreted so that the interest or other loan charges colleted onto he collected in connection with the Loan exceed the permitted limits, then: (a) any such loam charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower.w•hich exceeded permitted limits will be refunded to Borrower. Lender may choose to make this rcfund.by reducing the principal owed under the Note or by making a direct payment to Borrower. It' u refund reduces principal, the reduction will be treated us a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note. Borrowers 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 ol'such overcharge. IS. Notices. All notices given by Borrow•cror Lender in connection with.this Security Instrument must be in writing. Any notice to Borrower in connection with this Security, Instrument shall he firmed to •6A(PA) t06021 ftp Tt .1 Is form 7039 1101 GIl 1 001: or 1 003 1 have bon given to Burrower when mailed by first class mail or when actually delivered to Borrow'er's notice address if sent by other means. Not ice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwiw. The notice address' shall: be the Property Address unless Borrower has designated a substitute notice address by notice to Lender.- Burrower shall promptly notify Under of Borruwee s change of address. If Lender specifics a procedure for reporting Borrower "$ change of address, then Borrower shall only report a change of address thrwgh that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Under shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not he deemed to have been given Jo Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. I 16. Governing Law-; Seyerability; Rules !of Construction. This Security Instrument 'shall be governed by federal law and the law of the jurisdiction in which the Property 'is located. All rights and obligations contained in this Security dnstrurnent are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly, or implicitly allow the parties to agree by contract or it might be silent, Met such silence shall not be construed us a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the' Notc conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given cffee9 without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Burrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Prof crty, including, but not limited to. those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent ol'which is the transfer of title by Borrower in a lut6re date to a purchaser. Irall or any part or the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a benefcial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediarte!payment in full of all sums secured by this Security Instrument. However, this option shall not Ix exercised by Lender if such exercise is prohibited by Applicable Law. jr Lender exercises this option, Lender shall give Borrower notice of acceleration. 'Me notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section IS within which Borrower must pay all sums soured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After;' Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) live days before sale of the Property pursuant to any power of sale contained in this Security Instrument (b) such other period as Applicable Law might spceify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. 'those conditions are that Borrower: (a) pays Lender all sums which then would Lie due under this Security Instrument and the Note as if no acceleration had occurrcd; (b) cures any default of any other covenants or Ck•6A(PA) rasozr P.q 12 or re Form 3036 1101 i i j t I nr.,. n??.... ..?? agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including. but not limited to, reasonable allomeys' tees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property, and rights under this Security Instrument; and (d) takes such action ac Lender may reasonably require to assurc that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the Burns secured by this Security Instrument, shall continue unchanged. Lender may require that &xrowcr pay such reinstatemcmt sums and expenses in one or more of the following forms.i as selected by Lender:: (a) cash; (b) moray order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrumeni and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the ease of acceleration under Section I8. ' 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.thnes without prior notice to Burrower. A sale might result in a change in the entity (known as the "Loan Serviar') that collects Periodic Payments due.under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Securitj• Instrunxnt. and Applicable Law. Therc also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the loan Serviccr. Borrower will [x given written notice of the change which will state (tie name and address of the new [.can Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer ot'servicing. Irthe Note is sold,and thereafter the Loan is serviced by a Luun Serviccr other than the pur haser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Serviccr or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser.' Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) thai arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requiremenlslof Section 15) of such alleged brrdch and a0urded the other party hereto a reasonable period tiller the giving of such notice to take corrective action. If Applicable law provides a time period which most elapse before certain action can be taken, that time period will be deemed to be redwriabic for purlioses of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant,to Section 22 and the'noticc of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substancesa As used in this Section 21: (a) "llazard6us Substances" are (hose 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 contairiing asbestos or Iormaldchyde, and radioactive materials: (b) "I.:nvinxmcntal Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "L•nvironmental 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. ? MiliNa: ' 4A(PA( (0502) r:p. n or re m , Form 3039 1101 nu . nnrnn t non iorrowur shall not cause or permit the presence, usc, disposal, storage, or release of any l larardnus Substances, or threaten to release any I larardous Substances. on or in the Property. Borrower shall not do, nor allow anyone else to do. anything affecting the Property (a) that is in violation of any Environmental Law. Ib) which creates an Environmental ('undition, or Ic) which, due w the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. 'Ile preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Ilarardous Substances that are encraily rccognirrd to tx appropriate to normal residential uses and to maintenance of the Property (incgluding, but not limited to. hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation. claim, demand, lawsuit or other action by any governmental or regulatory; agency or private party involving the Property and any Ilmardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling. Ieaking, discharge, release or threat of release of any I latmdous 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 an removal or other remcdiation of any Hazardous Substance affecting the Property; is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on I.cndcr for an Environmental Cleanup. I NUN-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Burrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Harrower or, among other things: (a) the default; (h) the action required to cure the default; (c) when the derault must be cured; and (d) that failure to cure the defs6k as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall turther inform Borrower or the right to reinstate after acceleration and the right to assert in The foreclosure proicceding the non-existence of a derault or any other defense of Borrower to acceleration and foreclosure. It the default is not cured as specified, Leader at Its option may require immediate payment la ifull of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by jwlichd proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and rusts of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower, shall pay any recordation costs. Lender may charge Borrower a lice for releasing this Security Instrument, but only irthe fee is paid.to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower. to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument. and hereby waives the benefit of any present or future laws providing for slay of execution, extension of time, cxemptiun from attachment, levy and sale, and homestead exempt ion. 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 sheritT s sale or other safe pursuant to this Security Instrument. ' 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is rent to Borrower to acquire title to the Properly, this Sm''urity Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate'payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. -9A(PA) rosori a .g. 14 0 16 - -- Form 3039 1101 1 ' i i . i I r • I t i - BY SIGNING BELOW, Borrower woepm and agree to the cams and cov6mts contaLted in thS Sm6ty )rgrment and in any Rider exmded by Borrower and recorded with it. I , Witrrcsus: i LAIR RALPH HOWELL JR. Domes.r I ? ? L DEBRA A. HOWELL norrowa i (Seal)' (Seal) -thrwwe:, •Dmrower 4q4A(PA) esott (Seal) ' -39rrcwer ??- ? r -- (seal) -Uorrowa I i ?r? r! N It t i '. I I 1 1 r f by" M r (S-0 -&rrwrer (Seal) t 43wmwer form 7031 trot r i ; i I I r I , i j COMMONWEALTH OF PENNSYLVAMA, ?A+7p1IpJ County p; 1p.op1„ ? On this, the day of Fe bbn per .-k- -7 . 'beibre my the undersigned ofTrorr, personally appeared .7 1"roL ?• N04...2teAk q?.d. Blw R.. ? c1? kiwwn to me (or satisfactorily proven) to be the perxm(s) wftow minu(s) ts/am subscribed to the within irotrwtxat vW wkrx)wlaiged that hdshdthey executed the same toi the puryom haein contained.' IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Fxpiras: 'Feb -,-;P COMMONWEALTH OF PENNSYLVANIA NC.itflc. iP.al - u 4l e n Q [` a drt d EMY brlyA.Jiftraoi.NO(rrn. ?• ? wu ' A. SGHrZ4GiC • L.'? lW anne TWIN, --L? i rug C=Ity NoT ?F3?1` mmisk- - .:? rag Feb. 21, 2009 T Member, Penns ylvania Association of Notarlei ak of Otlieer ( i t Certintsfe Hd enee / q, At do that the axrect address o L. hh;"uuned M? ec is P.O. Box 2026. Flint, MI 48501-2026. y arty Witness my hand this day 0r ' A?nr of Morap?es ?c yabton 1 -OA(PA) M011 ?.y. q er a Form 7071 1101 a BK 19 8 5 PG i 8.3;6 ? I ADJUSTABLE RATE RIDER i I THIS ADJUSTABLE RATE RIDER is made this 23rd day of February, 2007 and is incorporated into and shall be deemed to amend and supplement the Mortgage. Deed of Trust, or Security Deed (the "Security Instrument") of the same date given by the undersigned (the "Borrower") to secure Borrower's Adjustable: Rate' Note (the "Note") to Fremont Investment b Loan r i (the "Lender") of the same date and covering the Property described in the Security Instrument and located at: 104R WALNUT STREET, Boi 1 i ng Spri ngs, PA 17007 4 i [Property Address] I i. THIS NOTE'CONTAINS PROVISIONS ALLOWING FOR CHANGES IN, MY INTEREST RATE AND MY MONTHLY PAYMENT. INCREASES IN THE INTEREST RATE WILL RESULT IN HIGHER PAYMENTS. 'DECREASES IN THE INTEREST RATE WILL RESULT IN LOWER PAYMENTS. ADDITIONAL COVENANTS: In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 7.900 %. The Note provides for changes in the interest rate and the monthly payments, as follows: r ' • 1 r 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates 1 ! 1 The interest rate I will pay may change on the f 1 rst day of, March. 2010 and on that day every ' sixth - month thereafter. Each date on which my interest rate could change is called a "Change Date." I ! I r 1 ? r r MULTISTATE ADJUSTABLE RATE RIDER - Single Family ! 1 C-899R (0402) 1/01 j , Pag 1 of 5 Initials: VMP Mortgage'Solutions, Inc. ' (800)521-7291 1 ! r i r - p? gRsrir,1837 P Limits on Interest Rate Changes (Please check appropriate boxes; If no box Is checked, there will be no maximum limit on changes.) (1) There will be no maximum limit on interest rate changes. U (2) The interest rate [am required to pay at the first Change Date will not be greater than 10.900 % or less than 7.900 %, (3) My interest rate will never be increased or decreased on any subsequent Change Date by more than One and 500/1000 1 percentage points ( 1.5 %) from the rate of interest I have been paying for the preceding period. 0 (4) My interest rate will never be greater than 13.900 %, which is called the "Maximum Rate." (5) My interest rate will never be less than 7.900/,, which is called the "Minimum Rate." I (8) My interest rate will never be less than the initial interest rate. X (7) The interest rate I am required to pay at the first Change Date will not be greater than 10.900 % or less than 7.900 %. Thereafter, my interest rate will never be increased or decreased on any subsequent Change Date by morethan One and 500/1000 percentage points 1.5 %) from the rate of interest I have been paying for the preceding period. (E) Effective Date of Changes My new interest rate will become effective on each Change.Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (Fl Notice of Changes i The Note Holder will deliver or mail to me a notice of any changes,in my interest rate and the amount of my monthly payment before the effective date of'any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. Initials; a-899R (0402) Pade 3 of 5 Rv985PG18'39 j B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" ;means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest•in,the Property is sold or transferred (or if a Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information: required by tender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice.is given in accordance with.Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. i Initials: 41k899R (0402) Page 4 of 5 nu t 00[ aVP I R40 I I ' I 1 I 1 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained this Adust t I Seat) gi LAI ? R ALPH ONELL JR -Borrower; BRA A. H NEIL I I I -Borrower I ' Borrow erl I -Borrower i I -(Seal), I -(Seel) -Borrowers I -Borrower (Seal), (Seal) -Borrower, 1 I I I -Borrower 4B99R (0402) Page 5 of 5 i I ' I I I I ? I ( I , 1 I ' 1 • - I 1 BK 19 8 5 PG-? r I . J I Exhibit A i ALL THAT CERTAIN lot of land situitc in the Village !of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: i THAT certain property located at the rear of 104 Walnut Street, Boiling Springs, Cumberland County, Pennsylvania, having frontage along the public alley of approximately 53 feet and extending in depth a distance of 70 feet and being improved with a frame and masonry garage and apartment. (Said frontage. along the alley shall extend from the rear lot line South to include the concrete; foundation for the outside stairway.) i I i Property Address: 104 R Walnut Street, Boiling Springs, PA .17007. I Property I.D. 40-29-2482-149 CC,-j1ty this to be rccordcd in Cumberland County PAS i Recorder of Deeds I i I i I Rur,4RSPG , VERIFICATION (title), i depose and say subject to the penalties of 18 Pa.C.S.A., sec. 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. By: Washington Mutual Bank Name: (i?'? Title: i Our File No: Loan No.: Borrower Name: 99847 0756328589 Blair Ralph Howell, Jr. Zucker, Goldberg & Ackerman, LLC XCP-99847 C 00 vl d W W '.r IL 0 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, : NO.: 08-1861 vs. Blair Ralph Howell, Jr. and Debra A. Howell Defendant. PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Please mark the Complaint in Mortgage Foreclosure filed at the above-captioned term and number reinstated. Dated: April 23, 2008 ZUCKER, GOLDBE G & ACKERMAN, LLC BY: Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Richard P. Haber, Esquire; PA I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 Attorneys for Plaintiff XCP-99847/ad 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500; (908) 233-1390 FAX © t ' ? "11 ? .-- ? .-? ? ?= ? ? z ?? ??? ?:? ?., ? ? ? ? . ?? SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01861 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS HOWELL BLAIR RALPH JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HOWELL BLAIR RALPH JR but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND as to the within named DEFENDANT HOWELL BLAIR RALPH JR 104 R WALNUT ST BOILING SPRINGS, PA 17007 104R WALNUT STREET IS VACANT. Sheriff's Costs: So answers: Docketing 18.00 Service 6.00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Postage / 3.69 51i?l0? ?, ? 42.69 ZUCKER GOLDBERG ACKERMAN 05/08/2008 Sworn and Subscribed to before me this day of , A. D. SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-01861 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS HOWELL BLAIR RALPH JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT HOWELL DEBRA A but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT HOWELL DEBRA A 104 R WALNUT ST BOILING SPRINGS, PA 17007 104R WALNUT STREET IS VACANT. Sheriff's Costs: So answ ff"'1? !` Docketing 6.00 Service .00 Not Found 5.00 R. Thomas "ne Surcharge 10.00 Sheriff of Cumberland County .00 51141a 9- 21.00 ZUCKER GOLDBERG ACKERMAN 05/08/2008 Sworn and Subscribed to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01861 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS HOWELL BLAIR RALPH JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: HOWELL BLAIR RALPH JR but was unable to locate Him deputized the sheriff of PERRY serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On May 8th , 2008 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answe Docketing 6.00 Out of County 9.00 Surcharge 10.00 Thomas Kline Dep Perry County 49.15 Sheriff of Cumberland County .00- 74.15 ? o-HIDE ' 05/08/2008 ZUCKER GOLDBERG ACKERMAN Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01861 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS HOWELL BLAIR RALPH JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HOWELL DEBRA A but was unable to locate Her in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On May 8th , 2008 this office was in receipt of the attached return from PERRY Sheriff's Costs: So answer Docketing 6.00 Out of County .00 -?? Surcharge 10.00 R. Thomas Kl ne .00 Sheriff of Cumberland County .00 16.00 ? SlIgl0i 05/08/2008 ZUCKER GOLDBERG ACKERMAN Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01861 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS HOWELL BLAIR RALPH JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: HOWELL BLAIR RALPH JR but was unable to locate Him in his bailiwick. He therefore deputized the sheriff of PERRY County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On May 8th , 2008 , this office was in receipt of the attached return from PERRY Sheriff's Costs: So answ Docketing 6.00 Out of County .00 Surcharge 10.00 R' Thomas Kline .00 Sheriff of Cumberland County .00 16.00 ? s/ 14 lb P ?.. 05/08/2008 ZUCKER GOLDBERG ACKERMAN Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-01861 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND WASHINGTON MUTUAL BANK VS HOWELL BLAIR RALPH JR ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT TTI?i.TTIT T TlTTT1 T T to wit: but was unable to locate Her deputized the sheriff of PERRY serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On May 8th , 2008 this office was in receipt of the attached return from PERRY Sheriff's Costs: So answers- --?? Docketing 6.00 Out of County .00 - -- Surcharge 10.00 R. Thomas Kline .00 Sheriff of Cumberland County .00 16.00 ? b/9, 05/08/2008 ZUCKER GOLDBERG ACKERMAN Sworn and subscribe to before me this day of in his bailiwick. He therefore A. D. In The Court of Common Pleas of Cumberland County, Pennsylvania Washington Mutual Bank vs. Blair Ralph Howell Jr et al SERVE: Blair Ralph Howell Jr. @ 58 Amanda Blvd Sheriff of Cumberland Coumty, PA Now, April 24, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of P`°-y County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, 320 , at o'clock M. served the w within upon at by handing to No. 08-1861 civil a copy of .the original and made known to So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 Q-. COSTS SERVICE MILEAGE AFFIDAVIT County, PA In The Court of Common Pleas of Cumberland County, Pennsylvania Washington Mutual Bank VS. Blair Ralph Howell Jr et al SERVE: Debra A. Howell No. 08-1861 civil @58 Amanda Blvd Now, April 24, 2008 ,1, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff.' Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, I A 20 , at within upon at by handing to a and made known to copy of the original So answers, the contents thereof. Sheriff of Sworn and subscribed before me this day of , 20 COSTS SERVICE $ MILEAGE AFFIDAVIT o'clock M. served the County, PA r In The Court of Common Pleas of Cumberland County, Pennsylvania Washington Mutual Bank VS. Blair Ralph Howell Jr et al SERVE: Blair Ralph Howell Jr. @ 58 Paradise Lane No. 08-1861 civil Now, April 24, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. ff//ff Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, April 25 20 08 ! at 11 : 3 5o' clock A M. served the within Complaint in Mortgage Foreclosur3e upon Blair Ralph Howell, Jr. at 58 Paradise Lane New Bloomfield,. PA 17068 (Wheatfield Twp) by handing to Debra A. Howell, Defendants Wife a True & Attested copy of.the originalcomp Mtg Forc. and made known to Her So answers, the contents thereof. Derek ,V. Bates Y Deputy She of Perry County, PA COSTS Sworn and subscribed before SERVICE $ me this As day of r? 52008 MILEAGE AFFIDAVIT ?( T PENt1Sy1.VAN1A m.... $ • s MAFIti M F. W, Notay Puck,. 8looffftW Bono. Perry County Comm" ESL*u Feb. 163, 2012 In The Court of Common Pleas of Cumberland County, Pennsylvania Washington Mutual Bank VS. Blair Ralph Howell Jr et al SERVE: Debra A. Howell No. 08-1861 civil @ 58 Paradise Lane Now, April 24, 2008 . 5 1, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, April 25 20__9_8, at 11 : 3 5o'clock A M. served the within complaint in Mortgage ForerlQsure upon Debra A. Howell at 58 Paradise Lane New Bloomfield, PA 17068 (Wheatfielld Twp) by handing to Debra A. Howell, Defendant a True & Attested and made known to Her the contents thereof Deputy Sworn and subscribed before me this 21#)day of A2cj_5200& copy of -the original Comp Mtg Forc So answers, Derek M? Bates of Sh Perry County, PA COSTS SERVICE NnEAGE AFFIDAVIT 15 MARMET F. UNNSER, Nohq Pubk OWWald Scro. Pr"rry C40ty koommi", on Ex?:r$$ FOb-10.2("2 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, Plaintiff, vs. CIVIL DIVISION NO.: 0$- 1&1 0,; 9i? IerM TYPE OF PLEADING Blair Ralph Howell, Jr.; Debra A. Howell Defendants. CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE TO: DEFENDANTS YOU ARE HEREBY NOTIFIED TO PLEAD TO THE ENCLOSED COMPLAINT WITHIN TWENTY (20) DAYS FROM SERVICE HEREOF OR A DEFAULT JUDGMENT MAY BE ENTERED AGAINST YOU. I HEREBY CERTIFY THAT THE ADDRESS OF THE PLAINTIFF IS: 7255 Bavmeadows Way Jacksonville. FL 32256 AND THE DEFENDANT: 104 R. Walnut Street Boiling Springs, PA 17007 CERTIFICATE OF LOCATION 1 HEREBY CERTIFY THAT THE LOCATION OF THE REAL ESTATE AFFE CTED BY THIS LIEN IS 104 R Walnut Street, Boiling Springs PA 17007 Municivality: South Middleton s a oteez" ATTORNEY FOR PLAINTIFF ATTY FILE NO.: XCP 99847 FILED ON BEHALF OF: Washington Mutual Bank COUNSEL OF RECORD FOR THIS PARTY: ZUCKER,GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa. I.D. #55650 Kimberly A. Bonner, Esquire Pa. I.D. #89705 Richard P. Haber, Esquire Pa I.D. #202567 Eric Santos, Esquire Pa. I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office@zuckergoldberg.com File No.: XCP- 99847/bkm COpy FROM RECORD t? T%t mony whar+d,1 ito 801 my ttan6 ng of said f ourt at Car itsis. P Zucker, Goldberg & Ackerman, LLC XCP-99847 IF THIS IS THE FIRST NOTICE THAT YOU HAVE RECEIVED FROM THIS OFFICE, BE ADVISED THAT: PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT, 15 U.S.C. §1692 ET SEQ. (1977), DEFENDANT(S) MAY DISPUTE THE VALIDITY OF THE DEBT OR ANY PORTION THEREOF, IF DEFENDANT(S) DO SO IN WRITING WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL OBTAIN AND PROVIDE DEFENDANT(S) WITH WRITTEN VERIFICATION THEREOF; OTHERWISE, THE DEBT WILL BE ASSUMED TO BE VALID. LIKEWISE, IF REQUESTED WITHIN THIRTY (30) DAYS OF RECEIPT OF THIS PLEADING, COUNSEL FOR PLAINTIFF WILL SEND DEFENDANT(S) THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR, IF DIFFERENT FROM ABOVE. THE LAW DOES NOT REQUIRE US TO WAIT UNTIL THE END OF THE THIRTY (30) DAY PERIOD FOLLOWING FIRST CONTACT WITH YOU BEFORE SUING YOU TO COLLECT THIS DEBT. EVEN THOUGH THE LAW PROVIDES THAT YOUR ANSWER TO THIS COMPLAINT IS TO BE FILED IN THIS ACTION WITHIN TWENTY (20) DAYS, YOU MAY OBTAIN AN EXTENSION OF THAT TIME. FURTHERMORE, NO REQUEST WILL BE MADE TO THE COURT FOR A JUDGMENT UNTIL THE EXPIRATION OF THIRTY (30) DAYS AFTER YOU HAVE RECEIVED THIS COMPLAINT. HOWEVER, IF YOU REQUEST PROOF OF THE DEBT OR THE NAME AND ADDRESS OF THE ORIGINAL CREDITOR WITHIN THE THIRTY (30) DAY PERIOD THAT BEGINS UPON YOUR RECEIPT OF THIS COMPLAINT, THE LAW REQUIRES US TO CEASE OUR EFFORTS (THROUGH LITIGATION OR OTHERWISE) TO COLLECT THE DEBT UNTIL WE MAIL THE REQUESTED INFORMATION TO YOU. YOU SHOULD CONSULT AN ATTORNEY FOR ADVICE CONCERNING YOUR RIGHTS AND OBLIGATIONS IN THIS SUIT. IF YOU HAVE FILED BANKRUPTCY AND RECEIVED A DISCHARGE, THIS IS NOT AN ATTEMPT TO COLLECT A DEBT. IT IS AN ACTION TO ENFORCE A LIEN ON REAL ESTATE. Zucker, Goldberg & Ackerman, LLC XCP-99847 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, Plaintiff, CIVIL DIVISION : NO.: vs. Blair Ralph Howell, Jr.; Debra A. Howell Defendants. NOTICE TO DEFEND You have been sued in court. If you wish to defend against the claim set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU SHOULD NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XCP-99847 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, . NO.: vs. Blair Ralph Howell, Jr.; Debra A. Howell Defendants AVISO USTED HA SIDO DEMONDADO/A EN CORTE. Si usted desea defenderse de las demandas que se presentan mas adelante en las siguientes paginas, debe tomar accion dentro do los proximos veinte (20) dias despues de la notifacacion de esta Demanda y Aviso radicando personalmente o por medio de un abogado una comperencencia escrita y redicanco en la Courte por escrito sus defensas de, y objecciones a, los demandas presentadas aqui en contra suya. Se le advierte de que si usted falla de tomar accion como se describe anteriormente, el caso puede proceder sin usted y un fallo por cualquier suma de dinero reclamada en la demanda o cualquier otra reclamacion o remedio solicitado por el demandante puede ser dictado en contra suya por la Corte sin mas aviso adicional. Usted puede perder dinero O propieded u otros derechos importantes para usted. USTED DEBE LLEVAR ESTE DOCUMENTO A SU ABAGADO IMMEDIATAMENTE. SI USTED NO TIENE UN ABOGADO O NO PUEDE PAGARLE A UNO, LLAME A VAYA A LA SIGUEINTE OFICINA PARA AVERIGUAR DONDE PUEDE ENCONTRAR ASISTENCIA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE NOTICE TO DEFEND LAWYER REFERRAL Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 Zucker, Goldberg & Ackerman, LLC XCP-99847 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, CIVIL DIVISION Plaintiff, NO.: vs. Blair Ralph Howell, Jr.; Debra A. Howell Defendants CIVIL ACTION - COMPLAINT IN MORTGAGE FORECLOSURE And now comes Washington Mutual Bank, by its attorneys, Zucker, Goldberg & Ackerman, LLC, and files this Complaint in Mortgage Foreclosure as follows: 1. The Plaintiff, Washington Mutual Bank, which has its principal place of business at 7255 Baymeadows Way, Jacksonville, FL 32256. 2. The Defendants, Blair Ralph Howell, Jr. and Debra A. Howell, are individuals whose last known address is 104 R. Walnut Street, Boiling Springs, PA 17007. 3. On or about February 23, 2007, Blair Ralph Howell, Jr. and Debra A. Howell executed a Note in favor of Fremont Investment & Loan in the original principal amount of $156,600.00. Zucker, Goldberg & Ackerman, LLC XCP-99847 4. On or about February 23, 2007, as security for payment of the aforesaid Note, Blair Ralph Howell, Jr. and Debra A. Howell made, executed and delivered to Mortgage Electronic Registration Systems, Inc. as nominee for Fremont Investment & Loan a Mortgage in the original principal amount of $156,600.00 on the premises hereinafter described, with said Mortgage being recorded in the Office of the Recorder of Deeds of Cumberland County on March 16, 2007, in Mortgage Book Volume 1985, Page 1821. A true and correct copy of said Mortgage containing a description of the premises subject to said Mortgage is marked Exhibit "A", attached hereto and made a part hereof. 5. The aforesaid Note and Mortgage was assigned by Mortgage Electronic Registration Systems, Inc. as nominee for Fremont Investment & Loan to Washington Mutual Bank, plaintiff herein, pursuant to an assignment of mortgage to be recorded. 6. Defendants are record and real owners of the aforesaid mortgaged premises. 7. Defendants are in default under the terms of the aforesaid Mortgage and Note for, inter alia, failure to pay the monthly installments of principal and interest when due. 8. On or about December 16, 2007, Defendant(s) were mailed a combined Notice of Homeowners' Emergency Mortgage Assistance Act of 1983 and Notice of Intention to Foreclose Mortgage, in compliance with the Homeowner's Emergency Mortgage Assistance Act, Act 91 of 1983 and Act 6 of 1974, 41 P. S. §101, et seq. Zucker, Goldberg & Ackerman, LLC XCP-99847 9. The amount due and owing Plaintiff by Defendants is as follows: Principal $ 155,945.93 Interest through 03/12/2008 $ 6,531.12 Attorneys' Fees $ 1,250.00 Title Search & Costs $ 2,500.00 Late Charges $ 273.16 Miscellaneous $ 8.90 Total Fees $ 57.00 Recoverable Balance $ 185.00 Total $ 166,751.11 plus interest on the principal sum ($155,945.93) from March 12, 2008, at the rate of $33.75 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. WHEREFORE, Plaintiff demands judgment in mortgage foreclosure for the amount due of $166,751.11, with interest thereon at the rate of $33.75 per diem from March 12, 2008, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackerman, LLC XCP-99847 ZUCKER, GOLDBERG & ACKERMAN BY. 1" Scott A. Dietterick, Esquire PA I.D. # 55650 Kimberly A. Bonner, Esquire PA I.D.#89705 Richard P. Haber, Esquire PA I.D.#202567 Attorneys for Plaintiff 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 908-233-8500 FAX 908-233-1390 EXHIBIT A Zucker, Goldberg & Ackerman, LLC XCP-99847 POOL: may 2007 f$01 SETTLEMENT DATE: 513012007 INVESTOR: WASMNOTON MUTUAL PRINTED BY: NADIA MEN UNI-FORM RESIDENTIAL BARCODE FOR IMAGING Account Number 2111111111111111 LOAN3001288383 Short Name HOWELL JR. BLAIR Social Security Number 17007 Recorded Deed Funding Date 0? ? M ) I1lfil Il??gi???sl 03-13-07 A UG 1.9 2U07 T11 DT1111 / ? R N VH>j APf ?? jjl??T OR COLLATERAL USE TH S FILES HAVE BEEN SHIPPED TO D ARY MARKETING TRAILING DOCUMENTS IMAGE IN THE FOLLOWING SECTION: ` FIL (Boarding I Legal ' Other Legal ? I I Applieatiord Credit roval A J Documents) • • Documents ?- Documents - pp i? Income/Credit Title/Property i Appralsall I i Insurance Miscellane I L Property -J Tax Info. - Default F 'REO I ; Payoff F Future `Future L . . Management - L ' DISPOSITION: Return to File in Original Destroy ; Box To Ship -- Sender File L-- - g(o 0c) 30000001288383 /-',"rCENTR"L PROPERTY SEARCH +J `9 LAWN AVENUE SUITE 200 NORRISTOWN, PA 11103 389ow4•-rL rtJgrC1 Lt GUn p re Fremont Investment b Loan 3r,n1 OF ER f:;f?gc -DEED',) cou-7Y.r.? i mG1 Ira 16 81710 56 i o753d 5? t I P.O. BOX 34078 FULLERTON. CA 92834-34078 'tt 1-19"1$'UK I Parcel Number: Prenlises:104R WALNUT STREET 40-29-2482-149 Boiling Springs.-PA 17007 ISpare,10ave'I an I.Ine For Reeorofolt IAU1- MORTGAGE MIN 1001944-3001288383-4 DL•FINITIONS Words used in multiple sections of this documimt arc defined below arn1 other words are defnnLd in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Iasirmnent"means this document, which isdawd February 23, 2007 tugether with all Ridcrs to this document. 1 (B)'Morrower"is DEBRA A. HOWELL and BLAIR RALPH HOWELL JR. i Uortmver is the mortgagor under this Security Instrument. (C) "VIERS" is Mortgage Electronic Registration Systems, Inc. MFRS, is a separate corporation that is acting solely as a nominee for Lender and I eider's successors and assi8ns.1 MERS is the mortgsgee under this Security Instrument. MFRS is organ= ! and existing under the laws of Delaware, and has an address and telephone munbcr of P.O. Box 2026, Flint M148501-2026, IN. (888) 679-MERS_ : PENNSYLVANIA - Single Family -Fannie Ma db Mao UNIFORM INSTRUMENT WITH MERS Form 3039 1101 N1N? 1?11(u( ?1II11I? IpI 111 1{?1 nap 111111 SIN IIII 9A(PA) w5o:1 Ilm IM IOII ??N NIII rn91 M/I' 111 MN? IRI Pw.1 or is nw w _ V MP Mwgp. SokA"S. IM. (9001521-7201 i 111(1 0 0r,DC 1 0 7 1 w I ? (11)"Lender"is Fremont Investment d Loan I Lender is a CORPORATION ' organized and existing under the laws of CAL 1 FORN I A Limlic'saddressis 2727 East Imperial Highway, Brea. CA 92821 (E) "Note" means the promissory note signed by 13ixrower and dated February 23, 2007 The Note slates that Borrower owesLender One Hundred Fifty-Six Thousand Six Hundred and 0/100ths Dollars (U.S. S 156.600. 00 1 plus interest. Wrrower has promised to pay this debt in regular Periodic Payments and to pay the debt in fill not later than :March 01. 2037 (F) "Property" means the property that is described below under the heading ')'ransfer of Rights in the ProPcny." i (C) "Loan" means the elebt evidcnced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Sc? urity Instrument, plus intcme (11) "Killers" means all Riders to this Security Instrument that are executed by FWrower. The following Riders are to be executed by Borrower Ichcck box as applicablel: X i Adjustable Rate Rider F? Condominium Rifler [--Second Home Rider Balloon Rider l? Planned Unit Development Rider I-4 Family Rider I VA Rider U Biweekly Payment Rider 1 Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal. state and local statutes, regulations, ordinances and administrative rules and orders (that have the cfk-ct of lav4) as well as all applicable final. non-appealable judicial opinions. I (J) "Communhy Association Dues. Fres, and Assessments" means all dues, fees, assessttmtts mid other charges that art, imposed on Borrower or the Property by a condominium association. homeowners association or similar organisation. (K) "F.Itctronir Funds Transfer" trans any trmsfer of tirnds, 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 isnot limited to, point-ofsale transfers, automated teller machine traaasactiom% transfers initiated by telephone, wire transfers, and, autm mted clearinghouse transfers. I (I.) "Escrow Items" means those items that arc described in Section 3. (i•/) "Miscellaneous Proceeds" marts any compensation. sculement, award of il:images, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section S) for. (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any pan of the Property; (iiiI conveyance in lieu of condemnation; or (iv) misrepresentations of. or omissions as to, the value and/or condition of the property. i (N) 'Wortgage Insurance" means insurance protecting Lender against the nonottyment of, or default on. the Lam. , (O) "Perlodie Payment" means the replady scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts tinder Section 3 of thii Security Instrument. roa401A(PA) 166021 pope 2 or 16 ree ? Fornx3039 1101 . j i (P) "RF.SPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2001 et seq.) and its implementing rcvulatinn. Regulation X (24 C.F.R. Part 3$00), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same sub*t matter. As used in this Security Instrument. "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify is a "ti'derally related mortgage brut" under RESPA. ! (Q) 'Suceussor in Interest of Borrower" means env party that has taken title iti the Property, whether or nut that party has assumed Borrower's obligation, under the Note and/or this Security Instrument. ' RANSFfR OF RIGHT'S IN THE PROPERLY This Security Instrument secures to Lander. (i) the iepaymcnt of the Lewin, and all renewals. extensions and modifications of the Note: and (ii) the pcrformarice of* Borrowers cow'nants and agreement- under this Security Instrument and the Note. For this purpose. Borrower does hereby mortgage, grant and convey to MFRS (solely ac nominee for Lender and Lenders successors and assigns) and to the successors and assigns of Mf_RS, the dbllowing described property located in the County IType of Mottling Jmtwictionl of I (Name of xecordm3lurisdirtmnl SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART THEREOF: f t • I which currently has the address of 204R WALNUT STREET I Istrcetl Boiling Springs loyl. Pennsylvania 17007 [Zip Code] ("Property Address"); i TOGITI IrR WITH all the improvements now or hercaller erected on the property, and all casements. appurtenances, and fixtures now or;llcreaOcr a part of the property. All replacements and additions shall also he covered by this Security, Instrument. All of the foregoing is refi?rred to in this Security Insinuncnt as the "Property." Borrower-understands and agrcei that MURS holds only legal title to the mten sus granted by Borrower to this Security Instrument, but, if necessary to comply with law or custom. MFRS ins nomim-e for Lender and Lender's successors and assigns) has the right: to exercise any or all of those inh'rests, ir0.bding, but not limited to, the right to foreclose and sell dw Property: and to take any action required of I.erder including, but not limited to, releasing and canceling this Security Instrument. ®4A(PA)105077 ?q.3 of to form 303! 1101 aD , BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except far encumbrances of record. Burrower warrants and will defend generally the title to the Property against all claims and demands. subject to any encumbrances of record. THIS SECURr1Y INS7RUMEN"1' combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and ( ender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment' Charges, and Late (.'harges. Borrower shall pry when due the principal of, and interest 1x4 the debt evidcriciel by the Note and any prepayment charges and laic charges due under the Note. Burrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U. Q, currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is retuned to Lender unpaid, lamder may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms. as selected by Under (a) cash: (b) rnrcy order;; (c) cenificd cheek, bank check. lreasurcY s check or cashiers check, provided any such check is drawn upon an institution 'hosc.deposits are insured by a federal agenew, instrumentality. or entity: or (d) Electronic Funds Transfer. I Payments arc 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 IS. Under may return any payment or partial payment if the payment M partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Lon current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but tender is not obligated to apply such paymemts 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 finals. Leader may hold such urapplied funds until 1lorow'er makes payment to bring the Loa current. If Borrower does not do so within a reasonable period of time, Lender gall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset Or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds: Fecept as otherwise described in this Section 2, all payments accepted and applied by Lander shall be applied in the following order of priority: (a) interest due under the Note-, (b) principal due under the Xote; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in Ihe'ordcr in which it becarrtc due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If I.udcr receives a payment from Burrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. It' more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment i 1 a4A(PA).Csor1 v a. of It Form 3078 1101 • i can be paid in full. To the extent that any excess eeists 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. Volunuiry prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurutce proceed., or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, `ex change the amount, of the Pciiodic Payments. 3. Funds for Escrow Items. Dorrower shalln pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property: (b) kasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by -Lender under Section 5: and (d) Mortgage Insurance premiums, if any. or any sums payable by Borrower to Leader in lieu of the payment of Mortgage Insurance ptcmimns in accordance with the provisions of Section 10. These items arc called "Escrow Items." At origination or at any time during the term of the Loan. Lender may require that Community Association Dues, Fecs, and Acsessmemis, if any, be escrowed by Borrower,'and such dues, fees and asscssments shall be an Escrow Item. Borrower shall promptly furnish to bender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Fscmw 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 Fccrow Items at any time. Any such waiver may only be in writing. In the event of such waiver. Be over shall pay directly, when and where payable, the amounts due for any Bcrow Items for which payment of Funds has been waived by', Lender and, if Lerner requires, shall famish to I.ender receipts evidencing such paymnent within such time period as IA%der may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument. as the phrase "covers cant and agreenxut" is used in Suction 9. If Borrower is obligated to!pay Escrow Items directly, ptirsuant to a waiver, and Bcxrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be !obligated under Sediori 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such n:vtx'atian, Burrower shall pay to Lender all Funds. and in such amounts, that are then required under this Section 3. Lender may, at any time. collect and hold Funds in an amount (a) sufFcicni to permit Lender to apply the Funds at the time specified under RE:SPA, and (b) not to exceed the maximum amount a lender can require under RFSPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future F;scruw )tents or otherwise in :accordance with Applicable Law. n The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumcnWity, or entity (including Under. if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall net charge Burrower for holding and -applying the Funds, annually analyzing the escrow account, or verifying the F_ccmw Items, unless Lender paya Borrower interest on the Funds and Applicable Law permits Leader to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid ors the Funds. Lender shall not bee required to pay Borrower any interest or camings on the Funds. Berrowrr itntl Lender can agree in writing, however. that interest Q-6AIPA) o5021 r 5 M ss Form 3039 1101 m 1 ntiy v- n• o-c nr•' t - o' 7 C shall be paid on the Funds. !.ender shall give to Borrower, without charge, all MIMI accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as dclined under RESPA. Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Fords held in escrow, as defined under RESPA. Lender shall notify borrower as required by RL•'SPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 mmorithly payments. If there is a deficiency of Funds held in escrow, as defin:d under RESPA, Lender shall notify Borrower as required by RESPA, and borrower shall pay to Lender the anrdwrtt necessary to make up the deficiency in accordance with RESPA, hill in no more than 13 monthly puyments. Upon payment in full of all sums secured by:this Security Instrument Lender shall promptly refund to borrower atv Funds lick[ by Lender. 4. Charges: Liens. Borrower shall pay all taxes, assessments, charges, fines. and impositions attributable to the Property which can attain priuriq• over this Security Instrument, kaschok[ pay mcm% or ground rents on the Property, if any, and Community Association Dues. Fees, and Assessments, if any. To the extent that these items are Escrow ]tems, Borrower shall pay them in the manner provided in Section 3. Burrower shall promptly discharge anv lien which has priority over this Security. lnstrunem unless borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to LAerdcr, but only so long as Burrower is performing such agreement, (b) contests the lien in good faith by, or defends against enforcement of the lien in,!legal proccedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending.,bw only until such proceedings are concluded; or (c) secure ; from, the )older of the lien an agreLment satisfactory to Lender 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 Instnmient, )ender may give LJIorrotver a notice identifying the lien. Within 10 days of the date on which that no tiec is given. Ilormwer shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require borrower to pay a one-time charge for a real estate tax verification and/or rtyoning service used by Lender in connection with this Lain. .L Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire. harartb included within the term "extended coverage," and any other hazards including, but not limited to, cartMjuakcs and floods, for which Lender requires insurance. 'ibis insurance shall be maintained in the amounts (including deductible, levels) and for the periods that Lender requires. Nk%,A Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be choscn by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not he exercised unreasonably. Lender may require burrower to fray, in connection with this loan, either: (•r) a ate-time charge for flood zone determination. ecrtilkation and tracking services. or (hl a one time charge for flood zone &wrinination and certification services and subsequent charges: each time re-mappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also he responsible for the payment of any fees imposed by the Federal Emergent' Management 'Agency in connection with the review Of any flood zone determination resulting from an objection by forrower. r?•6A(PA)mson P:e.edhe Form JON 1101 BK 1985PG 1826 If Borrower tails to maintain any of the coverages described above, lender may obtain insurance coverage, at Lcndcr s option mid Borrower's expense. Lender is under,no obligation to purchase any particular type or amount of coverage. '111ereforcJsuch coverage shall cover Linter, but might or might not protect Borrower, Borrower's equity in the property, or the contents of the Property, against any risk. hazttard or liability and might provide greater or kcser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might signirwant)y exceed the cast of insurance that Borrower could! have obtained. Any'amounts disbursed by Lender•undcr this Section S shall become add'nionnl debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the dale of disbursement and shall be payable, with such interest, upon notice from I.cnder to Borruwcr rtttutsting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lenders right to disapprove such policies, shall include a' standard mortgage clause. and shall name Lender as mortgagee a dlor as an additional loss payee. lender shall have the right to hold the policies and renewal certificates. If Lender requires. Borrower shall pro mptly give to Leveler all receipts of paid premiums and renewal notices. if Borrower obtains any forth of insurance coverage. not otherwise required by Leader. for damage to. or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Leader as rovitMec and/or as an additional loss payee. In the event of loss, tkxrowcr stall give prompt notice w the insurance carrier and Lender. Lender may make prrol' of loss if not made promptly by Borrower. Unless Lender and lkwowcr aherwise agree in writing, any insurance prmccds, whether or not'the underlying insurance was required by Leader, shall be applied to restoration or repair of the Propeny.i if the restoration or repair is economically feasible add Landers security is not lessened. During such repair and restoration period. Lcrglcr shall have the right to hoW such insurance procmis until Lewder has had an opportunity to inspect such Property to ensure the work has been completed to I endees satisfaction. provided that such inspection shall be undertaken promptly. I ender may disburse proceeds for (he repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to he paid on such insurance Km-. Lender shall not be required to pay Burrower any interest or earnings on such proceeds. Firs for, public adjusters, or ether third Parties, retained by Boruwcr shall not be paid out of the insurance priveeds and shall be the sole obligation o1' Burrower. If the restoration or repair is not economically feasible or Under s security would be lessened, the insurance proceeds shall be applied to the sums secured M• this Security Instrunent, whether or not then due, with the emmms, if any, paid to Aorrower. Such insur rvCc proceeds shall be aplilied in the order provided for in Section 2. I If harrower abandons the Property. Under may file, negotiate and settle any available insurance claim and reined matters. If Borrower does not respond within 30 days to a notice from lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Awow'er hereby assigns to Lender (a) Fknmwer's rights to any insurance proceeds in an amount not to exceed the announts:unpaid under the Note or this Security instrument. and (b) any other of Borrowers rights Bother than the right to any refund bf unearned premiums paid by Borrower) under all insurance policies covering the Property, intsufar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or reswrc the Property or to pay amounts unpaid under the Note or this Security Instrument, whether.or not then due. 1 M6MS. ?dAMA) dosona P.o. r or W form 7039 1/01 RK I QRSPr, 1827 6. occupancy. Borrower shall occupy, cstabt'rsh, and use the Prbperty as Burrower $ principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at I&st one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall` not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrowers control 7. Preservation, Maintenance and Protection or the Property: lnspections. Borrower shall net destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing inifhe Property, Borrowei shall: maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not ecomxnically feasible. Burrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or cwtdemnation proceeds are. paid in connection with damage w. or the taking of, the Property. Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds lie such purposes. Under may disburse proceeds for the repairs and restoration in a single payment or in a scri s of progress payments is the work is completed. If the insurance or condemnation proceeds arc not sufficient to repair or restore the Property. Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. i Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause. Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. A. Borrower's Loon Application. Bortowr•4 shall be in default if, during the IAan application process. Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially raise. misleading, or inaccurate infoinnation or statements to Lender (or fuikd to provide Lender with material information) in connection with the Loan. Material representations include.. but are not limited to, representati,ns concerning Iorrowers occupancy of the Properly as Burrower s principal residence. 9. Protection of Lender's Interest In the Property and Rights tinder ibis Security lostrumeal. If (a) Borrower fails to perlixrrt the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding thin might significantly affect Lenders interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, fur condemnation or forfeiture. fix enforcement of a lien which may Main priority, over this Sttvrity Instrument or to enforce laws or regulations), or (e) Bexmwer has abandoned the Property, then bender may do and pay for wine er is reasonable dr appropriate to protcu L nLW s interest in the Property and rights under this Security Instrument, including protecting and/ox assessing the value of the Property, ark) securing and/or repairing the Property. Lenders actkrns can include. but are not limited to: (a) paying any seems secured by a lien which has priority over this Security lnsuument; (b) appearing in court; and (c) paying reasonable attorneys fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured Position in a bankruptcy proceeding. -Securing the Property inchkles, but is not limited to. entering the Property to make repairs, change locks, replace or boar! up doors rid windows, drain water front pipes. eliminate building or other code violations or dangerous conditions, and have utilities fumed on or off. Although Lender may take action under'this S. lion 9. Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender irwurs tw liability for not taking any or all actions authorired under this Section 9. i t InNab: ®dA(PA) bosom P.a¦ e w rl Fonn 3039 1161 0 rod 1 nncnr 1 6'q0 t Any amounts dishtirsed by Lender under this Secinat 9 shall become additional debt of Borrower secured by this Se urity Instrument 'llncse setaxnts shall tear interest at the Note rate from the date of disbursement and shall be payable. with such interest, upon notice from' Lender to Borrower requesting payment. If this Sccurity instrument is on a leasehold; Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the lc4schold and the fee title shall not merge unless Lander agrees to the merger in wviting. 10. Mortgage Insurance. If Lender requircd-Mortgage Insurance as a condition of malting the Loam, Borrower shalt pay the premiums required to maintain the Mortgage insurance in effect. If, for any reason, the Mortgage insurance coverage required by lender ceases to be available from the mortgage insurer that previously provided such insurance and Illxrower was required to make'seporrtely designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain covaagc substantially equivalent to the Mongagc fnsrtanc-c previously in effect, at a cost substantially equivalent to the cast to Borrower of the Mortgage Insurance previously in' Olect fnnt an alternate mongage 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 slyest. Lender will accept, use and retain these payments as a mmn-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be noo-rcfundable, notwithstanding the fact that the Loan is uhimately paid in full, and tender shalt not be required to pay Borrower any intemst or carnings'on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance cuvtragc; tin the amount and fur the pcrind that (.antler require) provided by an insrrnr selected by Lender again becomes available, is obtained and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mongagc Insurance, borrower shall pay the premiums required to maintain Mortgage Insurance in e11'ect. or to provide a non-refiaxlable loss reserve, until Lender's requirement for Mortgage insurance ends in accordance with any written agreement between Borrower and I"der providing fox such termination or until ten»ination is required by Applicable Law. Nothing in this Section 10 affects Borrowers obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender for any entity that purchases the Note) for certain kisses it may incur if Borrower dons not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk oir all such insurance in force Prom tittle to time, acrd may enter into agreements with other panics that share or modify their rick, or reduce losses. 'these agreLmene; are on terms and conditions that are satisfactory to the mangatgc insurer and the other patty for panics) to these agreements. These agreements may require the mortgage insurer to stake joayrntents using any source of funds that the mortgage insurer may have available (which may include finds obtained from Mortgage Insuraraae premiums). As a result of these agreements, L.crkkr, aniv purchaser of the Note, anoihcr insure?, any reiraurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from for might be characterized as) a puriion of Borrowers payments for Mortgage Insti amcc, in exchange for sharing or modifying the mongagc insurers risk, tw reducing' losses. If such agreement provides that an affiliate of Lender takes a share of the insurers risk' in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Rurrowir has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Stick agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not eofifle ldurrower to soy refund. r 404A(PA)m592r i p9orna -- Form303% tr01 (b) Any such agreements will Rot 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 or the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums tAat were unearned at the thrie of such cancellation or termination. 11. Assignment or Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied-no restoration or repair of the Property, if the restoration or repair is economically feasible and txndex i security is not lessened. During such repair and restoration period. Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lcrider's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and resturation in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds. Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous proceeds. If the restoration or repair is nut 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 Iorrower. Such•Miscellaneous proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction; or loss in value or the Property, the Miscellaneous Proceeds shall be applied to the sums secured by:this Security Instrument, whether or nut then duc, with the exo--.m if any, paid to Borrower. ' In the event of a partial taking, destruction, or loss in value of the Property in which flte 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 byithis Security instrument immedUcely before the partial taking, destruction, or loss in value, unless Borrower and Lender aherwisc agree in writing, the sums secured by this Security instrument shall be rcduced'by the amount of tits Miscellaneous Proceeds multiplied by the rollowing fraction: (a) the total amour of the sums'secund immediately before the partial taking, destruction. or loss in value divided by (bi the fair mark=et value of the Property immediately before dtc partial tacking, destruction,;t)r loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the iroperty 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 stems secured immediately beforeithe partial [,.eking, dcsiruct", or loss in.valuu: unless Borrower and Under otherwise agree in writing, the Misccllannws Proceeds shall be applied to the sums secured by this Se:urity instrument whether or not the sums are then due:. If the Property is abandoned by Bom-,wei, or if, after notice by Lender to Borrower that the Opposing Party (at defined in the next senterax):offers'to make an awaid to settle a claim for damages. Burrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collxt 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 Pam" meant the third party that owes Borrower Miucilaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellancous Proceeds. Borrower shall he in default if any action of proceeding. whether civil or criminal, is begun that, in Lender s judgment, could result in forfeiture or the Propeny or other mattcrial impairment of Len dee s interest in the Property or rights under this Security Instrument. Burrower can cure such a default and, if atcccleraion has omurred, reinstate as provided in Section 19, by causing the action or proceeding to be i , A(PA) aosora P40is of o porm3079 1101 CV i ? a Dv 1 DaizDr t a.rin n dismissed with a ruling that, in I nuke's judgment, precludes forfeiture of the Property or other material impairment of Lenders interest in the Property orsrights under this Security Instrument. Ibc proceeds of any award or claim for damages that arc attributable to the impairment of Lcnde's interest in the Property are hereby assigned and shall be paid to Lender. ' All Miscellaneous Proceeds that are not applied to restoration or repair.of the Property shall be applied in the order provided Ibr in Section 2. 12. Borrower Not Released. Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortiration of the surds secured by this Security Instrumenl granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or am Sumesstxs in Interest of Borrower. Lender shall nos be required to commence proceedings against any Suixcss%v in interest of Borrower or to refuse to extend time for: paymcirt or otherwise modify amortization of the sums secured by this Security hutrument 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. L.endces acceptance of payments from:third persons, entities or Successors in Interest of Horrower or in anxwnts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. i 13. Joint and Several Mabil(ty; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security tnstru rent but does not execute tlx Note to "co-signxr"1: (a) is co-signing this Security Instrument only to mortgage. grant and convey the co-signers rntcresvin the IRoperty under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument it the Note without the co-signet s consent. Subject to the provisions of Seddon 111, any Successor in Interest of Borrower who assumes Borrowces obligations under this Security Instrument in writing, and is approvo•d by tender. shall obtain all of Borrowers rights and benefits under this Security Instrument. Borrower shall not bo: released from Borrowers obligations and liability under this Security Instrument unless Lendei agrees to arch release in writing. 'IM covenants and agreements of this Security hsstr merit shall hind (except as provided in Section 20) arxt benefit the successors and assigns of Bender. 14. Loan Ontrges. Lefler may charge Do.6wcr fees for services performed in connection with Borrowers default, for the purpose of protecting iLendees interest in the Property and rights under this Security Instrument. including, but not limited to,!atiorneys kcs, property inspection and valuation Ices. In regard to arty other fees, the absence of express authority in this Security )nslrmntent to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such ti-c. Lender may not charge fees that arc expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to •r law which sets maximum ban charges. and that law is (finally interpreted so that the interest or other learn charges collected orito be colkvted in connection with the Loan exceed the permitted limits, then: (a) any such khan charge shall tic reduced by the amount necessary, to reduce the charge to the permitted limit; and (b) any sums already collected from Borrowcnwhich exceeded permitted limits will be rcfunded to Borrower. Witter may choose to make this refund.by reducing the principal owed under the Note or by making a direct payment to Bwower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided) for under the Note). Borrower s acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out ol'such overcharge. ' 13. Notices. All notices given by Bortuwrr'or Lender in connection with.this Security Instrument must W in writing. Any notice to Borrower in connection with this Security Instrument shall he deemed to IMMu Ck-CA(VA)(0sorr rec. a? s Form 3039 trot ouioorzorloo) 1 have born given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Bonuwer shall cotutituic notice to all Borrowers unless Applicable law expressly requires otherwise. The notice address shall* he the Property Address unless Borrower has designated a substitute notice address by notice to Lender: Burrower shall promptly notify Under of Borrowers change of address. If Lender specifics a procedure for reporting Borrowers change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lacers address stated herein unless lender has designated another address by notice to Borrower. Any notice in connection with this Sccurity Instrument shall not he deemed to have been givcn.to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 1 16. Governing Law; Severabilitv; Rules.of Construction. This Security Instrument 'shall be governed by federal law and the law of the jurisdiction in which the Property 'is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly:or implicilly allow the parties to agree by contruct or it might be silent, Mn such silence shall not bc• construcd as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the' Notc conflicts with Applicable Lm such conflict shall not affect other provisions of this Security Instrument or the Now which tan be given offal without tin conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall men and include corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole diserction without any obligation to tree any action. 17. Borrower's Copy. Burrower shall be given ornc copy of the Note and of this Security Instrument. It Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18. "Interest in the Property" means acv legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a fond for deal. contract for deed, installment sales contract or escn)w agreement. the inwrnt of which is the transfer of title by Borrower at a rutire date to a purchaser. If all or any pan of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a bene-Iiecial interest in Borrowcv is sold or transferred) without Coulees prior written consent, Lender may require immediate Ipaimrnt in Bull of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option. Lender shall give Borrower notice of acceleration. 'the notice shall provide a period of not less than 30 days from the Jane the notice is given in accordance with Section 15 within wfiich Borrower must pay all stars secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lander may invoke any remedies permitted toy this Security Instrument without further notice or demand on Burrower. 19. Borrower's Right to Reinstate Aner Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) live days before sae of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable law might specify for the termination of Borrowers right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. 'those conditions are that Borrower. (a) pays Lender all sums which then would tie due under this Security Instrument and the Note ass if no acceleration had ixcurred; (b) cures any default of any other covenants or 404A(PA)4e5021 pigs uof re Form3O39 1101 m i r"O, a ^ ---- . w - - i t i a I ' agreements; (c) pays all expenses incurred in enforcing this Security Instrument. including, but not limited to, reasonable attorneys' lies, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lenders interest in the Property and rights under this Security Instrument; and bd) takes such action as Lender may reasonably require to assure that Lenders interest in the Property and rights under this Security Instrument. and Burmwies obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Burrower pay such reinstatement sans and expenses in one or more of the following forms.I as selected by Lender:: (a) cash; (b) money order; (c) cert(llcd check, hank check, treasurers check or cushiers check. provided any such check is dr.nvn upon an institution whose deposits are inswcd by a fcdiral agency. instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligatkms secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section IS. i ' 20. Sale of Note; Change of Loan Services Notice or Grievance. The Note or a partial interest in the Note Imgcthcr with this Security Instrument) can be sold one or more.timea without prior notice to Wmwer. A sale might result in a change in the entity (known as the "Loam ServiLcr") that collects Periodic payments duc.urnder the Ntae 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 Loam SeMetr unrelated to a sale of the Note. If there is a change of the Loan Servccer. Borrower will be given written notice of the change which will state the name and address of the new Loan Scrv)cer, the address to which paym6m should be made and any other information RESPA requires in connection with a mAice of transfer ofaservicing. If the Note is soldaand thereafter the Loan is serviced by a Lawn Servccer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Serviccr cx be transferred to a successor Loan Strvicer and are not assumed by the Note purchaser unless otherwise provided by the Note purr leaser: Neither Borrower nor Lender may commence, join, or be joined to any judicial anion las either an individual litigant or the member of a class) thai arises from the other party s actions pursuant to this Security Instrunwmi or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security lnslrume nL until such Bomi+vcr tx Lender has notified the other party (with such notice given in compliance with the requircmcntslof Section IS) of such alleged breach and afforded the other party hereto a reasonable perked 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 rrdsonable for purl oscs of this paragraph. The notice of acceleration and opportunity to cure given to lkwrower pursuamt!to Section 22 and thc'noticc of acceleration given to Borrower pursuant to Section Id shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Ilarardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastci by Environmental Law and tltc following substances: gasoline, kerosene. other flammable or toxic petrolcumi products, toxic pesticides and herbicides, volatile solvent, materials containing asbestos or formaldehyde. and radioactive materials: (b) "I:.awironmental LW mcauns federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "d nvironmental Cleanup" includes any response anion, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause. contribute to, or otheiwise trigger an Environmental Cleanup. 1 INNIr: ' 40-4A(PA) 10502) r:P. a W to 0 Fare 3019 1101 f nu 2 ninon a non Bortuwtr shall not cause or permit the presence, usc, disposal. storage, or release of any I lwardous Subsuunxs, or threaten to release any I lazardous Substances. on or in the Property. Borrower shall mW do. nor allow anyone else to do. anything affecting the Property (a) that is in violation of any Environntcmul Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. lbe preceding two sentences shall not apply to the pnsencc, use. or storage on the Propcity of small quontitics of l laiarduus Substances that arc generally recognized to be appropriate id nurtridl residential uses and to maintenance of the Property (including. but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written' notice of tit) any investigation. claim, demand. lawsuit or other action by any govemmental or regulatory, agency or private party involving the Property and ony llazardous Substance or E•nvircnrnemal Law of which Borrower has actual knowledge, (b) any Environmc naal Condition, including but not limited to. any spilling, leaking discharge, rckam or threat of release of any I lozardous Subsume. and (c) any. condition caused by the presence, use or release of a Haardous Substance which adversely affects the value of the Property. If Borrower leams, or is notified by any governmental or regulatory authority, or any private petty, that any removal or other temaliatiun of any Hazardous Substance affecting the Property; is necessary. Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on teeter for an Environmental Cleanup. i NUN-UNIFORM COVENANTS. Borrower and Lender further covennant and agree us follows: 22. Acceleration; Remedies. Lender shall give notice to Burrower prior to acceleration following Borrower's breach or any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 19 unless Applicable Law provides otherwise). Lender shall notify Borrower of among other things: (a) the default; (h) the action required to care the delmd (c) wont The default must be cured; and (d) that failure to care the default as specified may result in acceleration of the sutras secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall tnrther inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the am?existeace of a default or any other defense of Borrower to acceleration and foreclosure. It the default Is not cured as specified. Leader at Its option may require immediate payment inlfull of all sums securid by this Security Instrument without further demand and may foreclose this Security Instrument by jwlicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of tick evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all stars secured! by this Security Instrument. this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument. Borrower. shall pay any recordation costs. Leader may charge f l rrower a fee for rchnsing this Security Instrument. but only it the fee is paid.to a third parly for services rendered and the charging ofthe fee is peemittcd tender Applicable Law. 24. Waivers. Borrower. to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument. and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment. levy and safe, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour priur to the commenYment of bidding at a sheriffs sale or other sak pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured h this Seunity Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall W a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest raWpayable 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. 4VA(PA)msam p.r.11arr - Form M$ 1101 , • 1 i I i • 1 BY SIGNING SEWW, Arnrowcr accepts and aster to the tarns end oov6mt3 oeotained in th5 Security ln*umytt and in any Rider executed by Borrower and recorded with it. ' Witnaw: i i • LAIR RALPH HOllfll JR. 8wmrcr f ! DEBRA A. HOWELL nonvwcr .. tSealj ' • - (Seal) ' •Ilmmwe• d -BptrprKr (Seal) (Seal) , _ (Seal) (s1) •Dot:awer i i -0ormxv ?JAdeAleso» w„ is I 'form 393* 1101 d - i • i . r (?K MS P? !g 35' i r ?iA(/AIMM ....,r r,. t-ee. foil trot u? t BK 19 8 5 PG 18-3,6 ? i i, i i • I i I I i I. COMMONWEALTH OF PENNSYLVANIA, --DAtn4AK? County is: d kM?' i , on this, the 60w day of Fr bn, , r y -boo-? before mq the wtders*ncd oRiee, p mmily apW-d ?c bra ?• llv.?cat?, 13tw r R• e11 • kiwwa to me (or satWWorily, proven) to be the persuxi(s) witch tts *$) Wom subsoribed to the within btttru timut artd x&rrowledged Quit bdshddKN executed the same fix the purposes herein conhined.' IN WITNESS WHEREOF. I herettttto set my hand and off•.cial seal. My Commasion Expires: 'Feb _ -4J COMMONWEALTH OF PENNSYLVANIA d Nr.:uk. ;eat fenf.rggseN A. K+111) A. Scivaat^Nc+hrn? -; SUi GfC Susgl?narvte ra. ..IMY C.?trtrnissic- -•:*esFeb. 21.2009 ritk,rottr?. Member, lennsyly-12 Asaoelallon of Notts tes ! I , Certificate net t 4 ?It • (?? ?tn.? do hereby certify that the correct address o wkhin-nsmed Mmtgagec is P.O. Box 2026, Flint, Ml 48501-2026. Witness my hand this A:day p ZVV 9 . Avatar Mort ps ? ?c? !S L14bion ?S? i . I ADJUSTABLE RATE RIDER I THIS ADJUSTABLE RATE RIDER is made this 23rd day of February, 2007 and is incorporated into and shall be deemed to amend and supplement the Mortgage. Deed of Trust, or Security Deed (the *Security: Instrument-) of the same date given by the undersigned (the "Borrower') to secure Borrower's Adjustable; Rate Note (the "Note") to Fremont Investment b Loan I ! I (the "Lender") of the some date and covering the Property, described in the Security Instrument and located at: 104R WALNUT STREET, Boiling Springs. PA 17007 ? i is [Property Address] f THIS- NOTE 'CONTAINS PROVISIONS ALLOWING FOR CHANGES IN: MY INTEREST RATE AND MY MONTHLY PAYMENT. INCREASES IN THE INTEREST RATE WILL RESULT IN HIGHER PAYMENTS. DECREASES IN THE INTEREST RATE WILL RESULT IN IAWER PAYMENTS. i ADDITIONAL COVENANTS: In addition to the covenirits and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows. A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 7.900 %. The Note provides for changes in the interest rate and the monthly payments, as follows: r ' 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The "erest rate 1 will pay may change on the f 1 rst day of : Na rch. 2010' and on that day every ' sixth • month thereafter. Each date on which my interest rate could change is called a "Change Date." ! I ' MULTISTATE ADJUSTABLE RATE RIDER - Single Family 4-899R (0402) 1101 Page 1 of 5 Initials: VMP Mortgage'Solutions, Inc. (800)521-7291 I li. I' , P(t4R5Pr,1937 (D) Umits on Interest Rate Changes (Please check appropriate boxes; If no box Is checked, there will tie no maximum limit on changes.) I Q (f) There will be no maximum limit on interest rate changes. , U (2) The interest rate t am required to pay at the first Change Date will not be greater than 10.900 % or less than 7.900%. (3) My interest rate will never be increased or decrewset) on any subsequent Change Nate by more than One and 500/1000 + percentage points ( 1.5 %) from the rate of interest I have been paying for the preceding period. ® (4) My interest rate will never be greater than 13.900 %, which is called the "Maximum Rate." ; Q (5) My interest rate will never be less than 7.900%, which is called the "Minimum hate." X (8) My interest rate will never be less than the initial interest rate. LU (7) The interest rate I am required to pay at the first Change Date will not be greater than 10.900 % or less than ' 7.900 %. Thereafter. my interest rate will never be increased or decreased on any subsequent Change Date by more than One and 500/1000 percentage points ( n 1.5 %) from the rate of interest I have been paying for the preceding period. (E) Effective Date of Changes My new interest rate will become effective on each ChangetDate. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (Fl Notice of Changes The Note Holder will deliver or mail to me a notice of any changes,in my interest rate and the amount of my monthly payment before the effective date of•any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. Initials- et-899R (0402) Pade 3 of 5 ax t 985PG { 839 I i 4 ' i I I ' I 1 1 I i - l i B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: i Transfer of the Property or a Berisficial Interest In Borrower. As used in this Section 18, "Interest in the Property" ;means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest.in,the Property is sold or transferred (or if a Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require Immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information: required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's. security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lenders consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice.is given in accordance with.Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period. Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrow er. i i I i Initials: C?-899R (0402) Page 4 of 5 nu t 0QSPr. I R40 I I I • I . . f f I • " . I - I I BY SIGM NG BELOW, Borrower aocepts and agrees to the terms and covenants conlained In tM I I Seal) AI RALPH ONELL JR Borrower, BRA A. I HELL I I Borrower --•-• _._ (Sea)l I -- (Seal) -Borrower, f -Borrower -(Seal)' I ?-(Seel) -Borrow etl ! -Borrower (Seal) _ I _ (sear -Borrower' I -Borrower 1C899R (0402) Page 3 of 5 i r 1 r' I ' i ? I f f I I I I ? I ' V I i BK 19 8 5 PG-? " ? i . 1 I i Exhibit A ALL THAT CERTAIN lot of land situate in the Village !of Boiling Springs, South Middleton Township, Cumberland County; Pennsylvania, more particularly bounded and described as follows: i THAT certain property located at the rear of I(A Walnut Street, Boiling Springs, Cumberland County. Pennsylvania, having frontage along the public alley of approximately 53 feet and extending in depth a distance of 70 feet and being improved with a frame and masonry garage and apartment. (Said frontage. along the alley shall extend from the rear lot line South to include the concrete, foundation for the outside stairway.) I i 1 1 Property Address: 104 R Walnut Street, Boiling Springs, PA-17007- Property Property I.D. 40-29-2482-149 i i ? I I Lei tj l y th+s tO be rccordcd In Cumberland CountyrP--A-? i Recorder of Deeds i I c6y Rlt t gR5P6 VERIFICATION 1 _ ?A( (title), depose and say subject to the penalties of 18 Pa.C.S.A., sec. 4904 relating to unsworn falsification to authorities that the facts set forth in the foregoing pleading are true and correct to the best of my information, knowledge and belief. By: Washington Mutual Bank Name: Title: 14 0A 'O l Our File No: Loan No.: Borrower Name: 99847 0756328589 Blair Ralph Howell, Jr. Zucker, Goldberg & Ackerman, LLC XCP-99847 1 r?l FIP' I li u S h :1 d h Z ddd 8001 Vd 'ik i hl-l U Y s L 3 'C C1 ri z dli l LUZ tl i h V Washington Mutual Bank, Plaintiff Vs. Blair Ralph Howell, Jr.; Debra A. Howell f/k/a Debra A. Hershey; Defendant(s). I Hereby certify that the last known address of Defendant(s) is/are: 58 Paradise Lane New Bloomfield, PA 17068 9W & Attorney for Plaintiff CIVIL DIVISION No.: 08-1861 ISSUE NUMBER: TYPE OF PLEADING: PRAECIPE FOR DEFAULT JUDGMENT (Mortgage Foreclosure) FILED ON BEHALF OF: Washington Mutual Bank Plaintiff COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire Pa I.D.# 55650 Kimberly A. Bonner, Esquire Pa I.D. #89705 Richard P. Haber, Esquire Pa I.D. #202567 Eric Santos, Esquire Pa I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: XCP-99847 Zucker, Goldberg & Ackerman, LLC XCP-99847 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank CIVIL DIVISION Plaintiff, NO.: 08-1861 vs. Blair Ralph Howell, Jr.; Debra A. Howell f/k/a Debra A. Hershey; Defendant(s). TO:PROTHONOTARY SIR/MADAM: PRAECIPE FOR DEFAULT JUDGMENT Please enter a default judgment in the above-captioned case in favor of Plaintiff and against Defendant(s), Blair Ralph Howell, Jr. and Debra A. Howell, in the amount of $ which is itemized as follows for failure to file an Answer: Principal $155,945.93 Interest through 05/30/08 $9,197.37 Attorneys' Fees $1,250.00 Title Costs $525.00 Late Charges $ 409.74 Miscellaneous $ 8.90 Total Fees $ 57.00 Recoverable Balance $ 185.00 Total $167,578.94 plus interest on the principal sum ($155,945.93) from May 30, 2008, at the rate of $33.75 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged remises. By: cott A. 1etteric quire; PA I.D. 455650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Richard P. Haber, Esquire; PA I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 Atty File No.: XCP-99847 Zucker, Goldberg & Ackerman, LLC XCP-99847 AFFIDAVIT OF NON-MILITARY SERVICE AND CERTIFICATE OF MAILING OF NOTICE OF INTENT TO TAKE DEFAULT JUDGMENT COMMONWEALTH OF PENNSYLVANIA SS: COUNTY OF DAUPHIN Before me, the undersigned authority, a Notary Public in and for said County and Commonwealth, personally appeared Scott A. Dietterick, Esquire, attorney for and authorized representative of Plaintiff who, being duly sworn according to law, deposes and says that the Defendant is not in the military service of the United States of America to the best of his/her knowledge, information and belief and certifies that the Notice of Intent to take Default Judgment was mailed in accordance with Pa. R.C.P. 237.1, as evidenced by the attached copies. Scott A. - squire Kimberly A. Bonner, Esquire Richard P. Haber, Esquire Eric Santos, Esquire Sworn to and subscribed before me This 3c day of May, 2008 i Notary Public My Commission Expires: ,SA IA.H J. SPOTWOOD T? rRY PUBLIC OF NEW JERSEY Expir,., 7,19/2009 Zucker, Goldberg & Ackerman, LLC XCP-99847 In The Court of Common Pleas of Cumberland County, Pennsylvania Washington Mutual Bank vs. Blair Ralph Howell Jr et al SERVE: Blair Ralph Howell Jr. No. 08-1861 civil @ 58 Amanda Blvd Now, April 24, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of P°..rry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. f Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, , 20 , at o'clock M. served the within upon at by handing to -° copy of the original a and made known to the contents thereof. So answers, Sheriff of County, PA Swom and subscribed before me this day of , 20 Q- COSTS SERVICE $ MILEAGE AFFIDAVIT r 1?i?Y7- In The Court of Common Pleas of Cumberland County, Pennsylvania Washington Mutual Bank VS. Blair Ralph Howell Jr et a1 SERVE: Debra A. Howell No, OS-1861 civil @58 Amanda Blvd Now, April 24, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ,'this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, 20 , at o'clock M. served the y?, r within fi' ? ` d , upon at by handing to a copy of the original and made known to the contents thereof. So answers, Sheriff of Sworn and subscribed before me this day of , 20 r COSTS SERVICE $ MILEAGE AFFIDAVIT r • ° County, PA r In The Court of Common Pleas of Cumberland County, Pennsylvania Washington Mutual Bank vs. Blair Ralph Howell Jr et al SERVE: Blair Ralph Howell Jr. No. 08-1861 civil @ 58 Paradise Lane Now, April 24, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Periy County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, April 25 20 0 8 at 11:35 o'clock A M. served the Within Complaint in Mortgage Foreclosure upon Blair Ralph Howell, Jr. at 58 Paradise Lane New Bloomfield,.PA 17068 (Wheatfield Twp) by handing to Debra A. Howell, Defendants Wife a True & Attested copy ofthe originalcomp Mtg Forc. and made known to Her the contents thereof. So answers, Derek Bates Deputy She of Perry County, PA COSTS Sworn and subscribed before SERVICE _ me this a-$ day of ri 2006 MILEAGE AFFIDAVIT T PEW1S-%11.VAN1A -NU&RHiAL SEAL r r IdMOMET F. Ci4M6ER, NOM pp.??? ruNi,, Bloomfield Boro. Perry County Commission f?plres Feb. 16, 2012 r In The Court of Common Pleas of Cumberland County, ]Pennsylvania Washington Mutual Bank vs. Blair Ralph Howell Jr et al SERVE: Debra A. Howell No. 08-1861 civil @ 58 Paradise Lane NOW, April 24, 2008 hereby deputize the Sheriff of Perry I, SHERIFF OF CUMBERLAND COUNTY, PA, do deputation being made at the request and risk of the Plaintiff. County to execute this Writ, this Sheriff of Cumberland County, PA Please mail return of service to Cumberland County Sheriff. Thank you. Affidavit of Service Now, April 25 , 2Q 0 8 , at 11 : 3 5o' clock A M. served the within Complain in Mortgage Foreclosure upon Debra A. Howell at 58 Paradise Lane New Bloomfield, PA 17068 (Wheatfielld Tw ) by handing to Debra A. Howell, Defendant a True & Attested and made known to Her copy of.the original Comp Mtg Forc So answers, the contents thereof. Derek Bates -- 4ev --I Deputy S riff of Perry County, PA Sworn and subscribed before me this,ZMday of Dc I , 20 I F; .?" MARGARET F. FUCYINGER, NMary Public 6 WM%ld 8oro. Perch County t"OMMIS210n E ::r9S P Z16,2012 COSTS SERVICE MILEAGE AFFIDAVIT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank Plaintiff, CIVIL DIVISION vs. Blair Ralph Howell, Jr. Defendant. NO.: 08-1861 IMPORTANT NOTICE TO: Debra A. Howell f/k/a Debra A. Hershey 58 Paradise Lane New Bloomfield, PA 17068 DATE OF NOTICE: 5/19/2008 YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND &.LAWYERREFERRAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank CIVIL DIVISION Plaintiff, NO.: 08-1861 vs. Blair Ralph Howell, Jr. Defendant. AVISD EMIPORTANTE TO: Debra A. Howell f/k/a Debra A. Hershey 58 Paradise Lane New Bloomfield, PA 17068 FECHA DEL AVISO: 5/19/2008 USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DEYMO DE LOS PROMOS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISD, SE PUEDE DICTAR UN FALLO EN CONTRA SUVA SIN LLEVARSE A CABO UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS RVIPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO INNMDIATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO INDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUCKER, GOLDBERG &ACKERMAN BY: SaattA. Dietterick Scott A. Dietterick, Esquire Attorneys for Plaintiff PA C.D. # 55650 200 Sheffield Street, Suite 301 P O. Box 1024 Mountainside, NJ 07092-0024 (717) 533-3560 FIRST CLASS U.S. MAIL, POSTAGE PREPAID 99847 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank CIVIL DIVISION NO.: 08-1861 Plaintiff, vs. Blair Ralph Howell, Jr. Defendant. TO: Blair Ralph Howell, Jr. 58 Paradise Lane New Bloomfield, PA 17068 DATE OF NOTICE: 5/19/2008 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 (10) DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT AHEARING, AND YOU MAY LOSE YOUR PROPERTY OR OTHER R%APORTANT RIGHTS. YOU SHOULD TAKE THIS NOTICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HATE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE FOLLOWING OFFICE TO FIND OUT WHERE YOU CAN GET LEGAL HELP. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank CIVIL DIVISION NO.: 08-1861 Plaintiff, vs. Blair Ralph Howell, Jr. Defendant. TO: Blair Ralph Howell, Jr. 58 Paradise Lane New Bloomfield, PA 17068 FECHA DEL AVISO:5/19/2008 AVISO IMPORTANTE USTED ESTA EN REBELDIA PORQUE HA FALLADO DE TOMAR LA ACCION REQUERIDA EN ESTE CASO. A MENOS QUE USTED TOME ACCION DENTRO DE LOS PRO=OS DIEZ (10) DIAS DE LA FECHA DE ESTE AVISO, SE PUEDE DICTAR UN FALLO EN CONTRA SUYA SIFT LLEVARSE A CAB O UNA VISTA Y USTED PUEDE PERDER SU PROPIEDAD Y OTROS DERECHOS IIVIPORTANTES. USTED DEBE LLEVAR ESTE DOCUMENTO RTKIEDLATAMENTE A SU ABOGADO. SI USTED NO TIENTE UN ABOGADO O NO PUEDE PAGAR UNO, VAYA O LLAME LA OFICINA ABAJO 1NDICADA PARA QUE LE INFORMEN DONDE PUEDE CONSEQUIR AYUDA LEGAL. NOTICE TO DEFEND & LAWYER REFERRAL SERVICE Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street 32 S. Bedford Street Carlisle, PA 17013 Carlisle, PA 17013 Phone (800) 990-9108 Phone (800) 990-9108 (717) 249-3166 (717) 249-3166 ZUCKER, GOLDBERG &ACKERMAN BY Scott A. D Ietterick Scott A. Dietterick, Esquire Attorneys for Plaintiff PA I.D. # 55650 200 Sheffield Street, Suite 301 P.G. Box 1024 Mountainside, NJ 07092-0024 (717) 533-3560 FIRST CLASS U.S. MAIL, POSTAGE PREPAID 99847 . S 6- -Q - c? C,R r41 "Y7 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank CIVIL DIVISION Plaintiff, NO.: 08-1861 VS. Blair Ralph Howell, Jr.; Debra A. Howell f/k/a Debra A. Hershey; Defendant. NOTICE OF ORDER, DECREE OR JUDGMENT TO: Blair Ralph Howell, Jr. ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on 1,/ /OR T ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $167,578.94 plus interest on the principal sum ($155,945.93) from May 29, 2008, at the rate of $33.75 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. Zucker, Goldberg & Ackerman, LLC XCP-99847 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA Washington Mutual Bank CIVIL DIVISION Plaintiff, NO.: 08-1861 VS. Blair Ralph Howell, Jr.; Debra A. Howell f/k/a Debra A. Hershey; Defendant. NOTICE OF ORDER DECREE OR JUDGMENT TO: Debra A. Howell f/k/a Debra A. Hershey ( ) Plaintiff (X) Defendant ( ) Additional Defendant You are hereby notified that an Order, Decree or Judgment was entered in the above captioned proceeding on („ 11pA ( ) A copy of the Order or Decree is enclosed, or (X) The judgment is as follows: $ 167,578.94 plus interest on the principal sum ($155,945.93) from May 30, 2008, at the rate of $33.75 per diem, plus additional late charges, and costs (including additional escrow advances), additional attorneys' fees and costs and for foreclosure and sale of the mortgaged premises. -zi-49 - Zucker, Goldberg & Ackerman, LLC XCP-99847 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION w WASHINGTON MUTUAL BANK, File No. 08-1861 Amount Due $167,578.94 Plaintiff, Interest from 05/30/2008 to date of sale $12,622.50 vs. Costs BLAIR RALPH HOWELL, JR.; DEBRA A. HOWELL F/K/A DEBRA A. HERSHEY Defendants. TO THE PROTHONOTARY OF THE SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract of account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue Writ of Execution in the above matter to the Sheriff of Cumberland Colxnty, for debt, interest and costs upon the following described property of the defendant(s): See Exhibit "A" attached PRAECIPE FOR ATTACHMENT EXECUTION' Issue Writ of Attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personality 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 defendant(s) described in the attached exhibit. of the DATE: June 13, 2008 Signature: Print Name: Sco A. ettefi7c , Esquire Kimberly A. Bonner, Esquire Richard P. Haber, Esquire Eric Santos, Es uire Address: Zucker, Goldb rg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Attorney for: Plaintiff Telephone : 908-233-8500 Supreme Court ID No.: 55650 89705 202567 201493 Zucker, Goldberg & Ackerman, LLC XCP-99847 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN THE VILLAGE OF BOILING SPRINGS, SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: THAT CERTAIN PROPERTY LOCATED AT THE REAR OF 104 WALNUT STREET, BOILING SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, HAVING FRONTAGE ALONG THE PUBLIC ALLEY OF APPROXIMATELY 53 FEET AND EXTENDING IN DEPTH A DISTANCE OF 70 FEET AND BEING IMPROVED WITH A FRAME AND MASONRY GARAGE AND APARTMENT. (SAID FRONTAGE I?CO ALONG RET OUNDATION FFOR THE OUTSIDE S?TAIRREAR W Y?T LINE SOUTH TO INCLUDE HAVING thereon erected a dwelling house being known and numbered as 104 R Walnut Street, Boiling Springs, PA, 17007. BEING the same premises which DEBRA A. HERSHEY NKA DEBRA A. HOWELL, by Deed dated February 23, 2007 and recorded in and for Cumberland County, Pennsylvania, in Deed Book Volume, Page, granted and conveyed unto Blair Ralph Howell, Jr. and Debra A. Howell. Tax Map No.: 40-29-2482-149. Zucker, Goldberg & Ackerman, LL.C XCP-99847 0 w w 00 Q N ? A o v a Q 'ice Q?l N ?J » ? Fn J Cn) IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, : NO.: 08-1861 vs. BLAIR RALPH HOWELL, JR.; DEBRA A. HOWELL F/K/A DEBRA A. HERSHEY Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 104 R Walnut Street, Boiling Springs, PA 17007. 1. Name and Address of Owner(s) or Reputed Owner(s): BLAIR RALPH HOWELL, JR. AND DEBRA A. HOWELL 104 R. Walnut Street Boiling Springs, PA 17007 2. Name and Address of Defendant(s) in the Judgment: BLAIR RALPH HOWELL, JR. 104 R. Walnut Street Boiling Springs, PA 17007 DEBRA A. HOWELL F/K/A DEBRA A. HERSHEY 104 R. Walnut Street Boiling Springs, PA 17007 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WASHINGTON MUTUAL BANK Plaintiff ZU&er, Goldberg & Ackerman, LLC XCP-99847 Cumberland County Adult Probation 1 Courthouse SQ. Carlisle, PA 17013 4. Name and Address of the last record holder of every mortgage of record: WASHINGTON MUTUAL BANK Plaintiff Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 104 R Walnut Street Boiling Springs, PA 17007 UNKNOWN SPOUSE 104 R. Walnut Street Boiling Springs, PA 17007 Zihcker, Goldberg & Ackerman, LLC XCP-99947 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this Affidavit are true and personal knowledge, information and belief. I understand that false s subject to the penalties of 18 Pa.C.S. §4904 relating to uVswom fals? ZUCKER to the best of my its herein are made to authorities. , LLC Dated: June 13, 2008 BY: .. Scott A. >ettenck, q e; P I.D. #55650 Kimberly A. Bonner, Esquire; A.I.D. #89705 Richard P. Haber, Esquire; PA I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-99847 (908) 233-8500; (908) 233-1390 FAX Goldberg & Ackerman, LLC XCP-99847 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN THE VILLAGE OF BOILING SPRINGS, SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: THAT CERTAIN PROPERTY LOCATED AT THE REAR OF 104 WALNUT STREET, BOILING SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, HAVING FRONTAGE ALONG THE PUBLIC ALLEY OF APPROXIMATELY 53 FEET AND EXTENDING IN DEPTH A DISTANCE OF 70 FEET AND BEING IMPROVED WITH A FRAME AND MASONRY GARAGE AND APARTMENT. (SAID FRONTAGE ALONG THE ALLEY SHALL EXTEND FROM THE REAR LOT LINE SOUTH TO INCLUDE THE CONCRETE FOUNDATION FOR THE OUTSIDE STAIRWAY.) HAVING thereon erected a dwelling house being known and numbered as 104 R Walnut Street, Boiling Springs, PA, 17007. BEING the same premises which DEBRA A. HERSHEY NKA DEBRA A. HOWELL, by Deed dated February 23, 2007 and recorded in and for Cumberland County, Pennsylvania, in Deed Book Volume, Page, granted and conveyed unto Blair Ralph Howell, Jr. and Debra A. Howell. Tax Map No.: 40-29-2482-149. Zucker, Goldberg & Ackerman, LLC XCP-99847 ?.) ti$. ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, CIVIL DIVISION Plaintiff, NO.: 08-1861 VS. BLAIR RALPH HOWELL, JR.; DEBRA A. HOWELL F/K/A DEBRA A. HERSHEY; ; Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE' 3129 Debra A. Howell f/k/a Debra A. Hershey Blair Ralph Howell, Jr. 58 Paradise Lane 58 Paradise Lane New Bloomfield, PA 17068 New Bloomfield, PA 17068 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 12/10/2008 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 104 R Walnut Street, Boiling Springs, PA, 17007 The JUDGMENT under or pursuant to which your property is being's sold is docketed to: No. 08-1861 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Blair Ralph Howell, Jr. and Debra A. Howell ZuckeGoldberg & Ackerman, LLC XCP-99847 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the procee s of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is fil d. Information about the Schedule of Distribution may be obtained from the Sheriff of the Co rt of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387; THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF HE SALE OF PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal riots to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. O FREE LEGAL ADVICE Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: N Y l . You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition wi Pleas of Cumberland County to set aside the sale for a grc for other proper cause. This petition must be filed before delivered. 3. A petition or petitions raising the legal issues or r preceding paragraphs must be presented to the Court of Cumberland County. The petition must be served on the the Court of Common fly inadequate price or je Sheriffs Deed is mentioned in the ion Pleas of ley for the creditor Goldberg & Ackerman, LLC XCP-99847 or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 170133387, before presentation of the petition to the Court. ZUCKER GO , JE? (CKERMAN, LLC Dated: June 13, 2008 BY: - Scott A. Die erick, Es'4ri A I.D. #55650 Kimberly A. Bonner, Esquire; #89705 Richard P. Haber, Esquire; PAj.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-99847 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. ill I Zucker, Goldberg & Ackerman, LLC XCP-99847 ii Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN THE VILLAGE OF BOILING SPRINGS, SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: THAT CERTAIN PROPERTY LOCATED AT THE REAR OF 104 WALNUT STREET, BOILING SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, HAVING FRONTAGE ALONG THE PUBLIC ALLEY OF APPROXIMATELY 53 FEET AND EXTENDING Ili DEPTH A DISTANCE OF 70 FEET AND BEING IMPROVED WITH A FRAME AND MASONRY GARAGE AND APARTMENT. (SAID FRONTAGE ALONG THE ALLEY SHALL EXTEND FROM THE REAR LOT LINE SOUTH TO INCLUDE THE CONCRETE FOUNDATION FOR THE OUTSIDE STAIRWAY.) HAVING thereon erected a dwelling house being known and numberjed as 104 R Walnut Street, Boiling Springs, PA, 17007. BEING the same premises which DEBRA A. HERSHEY NKA DEBRA A. HOWELL, by Deed dated February 23, 2007 and recorded in and for Cumberland County, Pennsylvania, in Deed Book Volume, Page, granted and conveyed unto Blair Ralph Howell, Jr. and Debra A. Howell. Tax Map No.: 40-29-2482-149. Zucker, Goldberg & Ackennan, LLC XCP-99847 C.S r I' TI, ? ? f 1 . ? w V IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, CIVIL DIVISION Plaintiff, NO.: 08-1861 VS. BLAIR RALPH HOWELL, JR.; DEBRA A. HOWELL F/K/A DEBRA A. HERSHEY; Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURfi 3129 Debra A. Howell f/k/a Debra A. Hershey Blair Ralph Howell, Jr 104 R. Walnut Street 104 R Walnut Street', Boiling Springs, PA 17007 Boiling Springs, PA 17007 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 12/10/2008 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property,' together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 104 R Walnut Street, Boiling Springs, PA, 1700 The JUDGMENT under or pursuant to which your property i being sold is docketed to: No. 08-1861 Zuck?r, Goldberg & Ackerman, LLC XCP-99847 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Blair Ralph Howell, Jr. and Debra A. Howell A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (fore ple to banks that hold mortgages and municipalities that are owed taxes), will be filled by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cujmberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It nay cause your property to be held, to be sold or taken to pay the Judgment. You may'' have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. OR U SHOULD TAKE THIS PAPER TO Y CE. SET FORTH BELOW TO FIND O CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: I. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have meritorious defense against the person or company that has entered udgment against you. You may also file a petition with the same Court i you are aware of a legal defect in the obligation or the procedure used against you. I Zucker, oldberg & Ackerman, LLC XCP-99847 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues orlrights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOI?DBERG & ACKER? N, LLC Dated: June 13, 2008 BY: s Scott A. Di eric , squire; LD. #55650 Kimberly A. Bonner, Esq4f , -?!Tr. rD.-#89705 Richard P. Haber, Esquire; PAID. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-99847 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. II Zucker, Goldberg & Ackerman, LLC XCP-99847 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN THE VILLAGE OF BOILING SPRINGS, SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: THAT CERTAIN PROPERTY LOCATED AT THE REAR OF 104 WALNUT STREET, BOILING SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, HAVING FRONTAGE ALONG THE PUBLIC ALLEY OF APPROXIMATELY 53 FEET AND EXTENDING IN DEPTH A DISTANCE OF 70 FEET AND BEING IMPROVED WITH A FRAME AND MASONRY GARAGE AND APARTMENT. (SAID FRONTAGE ALONG THE ALLEY SHALL EXTEND FROM THE REAR LOT LINE SOUTH TO INCLUDE THE CONCRETE FOUNDATION FOR THE OUTSIDE STAIRWAY.) HAVING thereon erected a dwelling house being known and numbered as 104 R Walnut Street, Boiling Springs, PA, 17007. BEING the same premises which DEBRA A. HERSHEY NKA DEBRA A. HOWELL, by Deed dated February 23, 2007 and recorded in and for Cumberland County, Pennsylvania, in Deed Book Volume, Page, granted and conveyed unto Blair Ralph Howell, Jr. and Debra' A. Howell. Tax Map No.: 40-29-2482-149. Zucker, Goldberg & Ackerman, LLC XCP-99847 CA) -? Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN THE VILLAGE OF BOILING SPRINGS, SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: THAT CERTAIN PROPERTY LOCATED AT THE REAR OF 104 WALNUT STREET, BOILING SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, HAVING FRONTAGE ALONG THE PUBLIC ALLEY OF APPROXIMATELY 53 FEET AND EXTENDING IN (DEPTH A DISTANCE OF 70 FEET AND BEING IMPROVED WITH A FRAME AND MASONRY GARAGE AND APARTMENT. (SAID FRONTAGE ALONG THE ALLEY SHALL EXTEND FROM THE REAR LOT LINE SOUTH TO INCLUDE THE CONCRETE FOUNDATION FOR THE (OUTSIDE STAIRWAY.) HAVING thereon erected a dwelling house being known and numbered as 104 R Walnut Street, Boiling Springs, PA, 17007. BEING the same premises which DEBRA A. HERSHEY NKA DEBRA A. HOWELL, by Deed dated February 23, 2007 and recorded in and for Cumberland County, Pennsylvania, in Deed Book Volume, Page, granted and conveyed unto Blair Ralph Howell, Jr. and Debra A. Howell. Tax Map No.: 40-29-2482-149. Zucker, Goldberg & Ackerman, LLC XCP-99847 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N008-1861 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BAND Plaintiff (s) From BLAIR RALPH HOWELL, JR.; DEBRA A. HOWELL F/K/A DEBRA A. HERSHEY (1) You are directed to levy upon the property of the defendant (s)and to sell DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garni: paying any debt to or for the account of the defendant (s) and from delivering any 1 (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is fou of anyone other than a named garnishee, you are directed to notify him/her that he/ garnishee and is enjoined as above stated. Amount Due$167,578.94 L.L.$.50 Interest FROM 05/30/2008 TO DATE OF SALE - $12,622.50 Atty's Comm % Due Prothy $2.00 Atty Paid $314.84 Plaintiff Paid Date: JULY 31, 2008 (Seal) Other Costs LEGAL in the possession s) is enjoined from -rtv of the defendant in the possession has been added as a DeputyREQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Address: ZUCKER, GOLDBERG & ACKERMAN, LLC, 200 SHEFFIELD STREET, SUITE 301, MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 55650 tsy: I IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, Plaintiff, VS. BLAIR RALPH HOWELL, JR.; DEBRA A. HOWELL F/K/A DEBRA A. HERSHEY; Defendants. CIVIL DIVISION NO.: 08-1861 Sheriff Sale #: TYPE OF PLEADING Pa. R.C.P. RULE 3129.2(C) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST CODE: FILED ON BEHALF OF: Washington Mutual Bank COUNSEL OF RECORD FOR THIS PARTY: ZUCKER, GOLDBERG & ACKERMAN, LLC Scott A. Dietterick, Esquire PA I.D. #55650 Kimberly A. Bonner, Esquire- PA I.D. #89705 Richard P. Haber, Esquire- PA I.D. #202567 Eric Santos, Esquire- PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 (908) 233-8500 (908) 233-1390 FAX office ,zuckerg,oldberg com File No.: XCP- 99847/gg IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, NO.: 08-1861 VS. BLAIR RALPH HOWELL, JR.; DEBRA A. HOWELL F/K/A DEBRA A. HERSHEY Defendants Pa.R.C.P. RULE 3129(c) AFFIDAVIT OF SERVICE OF DEFENDANT/OWNER AND OTHER PARTIES OF INTEREST I, Gamalielle Geffrard, a paralegal with the firm of Zucker, Goldberg & Ackerman, LLC, attorneys for Plaintiff, Washington Mutual Bank, being duly sworn according to law depose and make the following Affidavit regarding the service of Plaintiff s Notice of Sheriff's Sale of Real Property in this matter on Defendant/Owner and Other Parties of Interest as follows: 1. Defendants, Blair Ralph Howell, Jr. and Debra A. Howell, are the record owners of the real property. 2. On or about 8/20/08, Blair Ralph Howell, Jr. and Debra A. Howell were served with Plaintiffs Notice of Sheriff s Sale of Real Property Pursuant to Pa. R.C.P. 3129, personally by the Sheriff of Cumberland County, at the address of the mortgaged premises, being 58 Paradise Lane New Bloomfield, PA 17007. A true and correct copy of said Notice and Return of Service are marked Exhibit "A", attached hereto and made a part hereof. 3. On or about 9/4/08, Plaintiff s counsel served all other parties in interest with Plaintiff s Notice of Sheriffs Sale according to Plaintiff s Affidavit Pursuant to rule 3129. 1, via Zucker, Goldberg & Ackerman, LLC XCP-99847 First Class U.S. Mail, Postage Pre-Paid, with a Certificate of Mailing. True and correct copies of said Notices and Certificates of Mailing are marked Exhibit "B", attached hereto and made a part hereof. Finally, the undersigned deposes and says that the Defendants/Owners and all other Parties of Interest were served with Plaintiff's Notice of Sheriff's Sale of Real Property in accordance with Pa.R.C.P. 3129.2. ZUCKER, GOLDBERG & ACKERMAN, LLC Dated: October 9, 2008 Sworn to and subscribed before me this 9th day of October, 2008 ?cr Notary Public MY COMMISSION EXPIRES: MARIE LINDNER NOTARY PUBLIC OF NEW JERSEY Commission Expires lano/2011 Zucker, Goldberg & Ackerman, LLC XCP-99847 Attorneys for Plaintiff r??Y' ifs EXHIBIT A Zucker, Goldberg & Ackerman, LLC XCP-99847 In The Court of Common Pleas of Cumberland County, Pennsylvania Washington Mutual Bank VS. Blair Ralph Howell, Jr. Debra A. Howell, F/K/A Debra A. Hershey No. 2008-1861 Civil Term Now, August 18, 2008, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Perry County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. 1 S. A gip,. i X t Now, August 20, within Notice of Sheriff's Sale of Real Property, Writ of?`*X?kec tion'A; j; Legal Description Upon,: Debra A;- Howell & Blair Ralph Howell at 58 Paradise lane New Bloomfield, PA 17-68 (Wheatfield Township) by handing to Debra A. Howell Two 4X True &Attested and made known to Deputy Sworn and subscribed before me this L5-f- day of Sf,20 DS CCMMONW T 01: PENNSYLVANIA MA F. filgpN6ER; Notffiy Public . EonlmleslCounty e?.?s,2t?i2 Sheriff of Cumberiand County, PA Affidavit of Service - 20 0 8 , at 3:05 o'clock P M, served the Notice of Sher'iff's Sale;--`_..... -copy of the original -writ of Wxectuion & Legal Description Her the contents thereof. So answers, Dere M. Ba5tAfi. ArT Sheriff Per: COSTS SERVICE $ MILEAGE - AFFIDAVIT County, PA $ IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, CIVIL DIVISION Plaintiff, NO.: 08-1861 vs. BLAIR RALPH HOWELL, JR.; DEBRA A. HOWELL F/K/A DEBRA A. HERSHEY; : Defendants. ?1 ® NOTICE OF SHERIFF'S SALE 60 1101 9646 1151 6251 OF REAL PROPERTY PURSUANT TO 7160 3`901 9b45 6796 001b LVANIA RULE OF CIVIL PROCEDUR SENDERS RECORD Debra A. Howell f/k/a Debra A. Hershey Blair Ralph Howell, Jr 104 R. Walnut Street 104 R Walnut Street Boiling Springs, PA 17007 Boiling Springs, PA 17007 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 12/10/2008 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 104 R Walnut Street, Boiling Springs, PA, 17007 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 08-1861 Zucker, Goldberg & Ackerman, LLC XCP-99847 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Blair Ralph Howell, Jr. and Debra A. Howell A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TM4E AND PLACE OF THE SALE OF YOUR PROPERTY It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. Zucker, Goldberg & Ackerman, LL.C XCP-99847 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriff's Deed *is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation ohthe petition to the Court. ZUCKER GOLOft &/ACItRAN LLC Dated: June 13, 2008 BY: V \1 L)'1 Scott A. Dietterick, s A I.D. #55650 Kimberly A. Bonner, Esquire; PA.T.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-99847 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC XCP-99847 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN THE VILLAGE OF BOILING SPRINGS, SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: THAT CERTAIN PROPERTY LOCATED AT THE REAR OF 104 WALNUT STREET, BOILING SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, HAVING FRONTAGE ALONG THE PUBLIC ALLEY OF APPROXIMATELY 53 FEET AND EXTENDING IN DEPTH A DISTANCE OF 70 FEET AND BEING IMPROVED WITH A FRAME AND MASONRY GARAGE AND APARTMENT. (SAID FRONTAGE ALONG THE ALLEY SHALL EXTEND FROM THE REAR LOT LINE SOUTH TO INCLUDE THE CONCRETE FOUNDATION FOR THE OUTSIDE STAIRWAY.) HAVING thereon erected a dwelling house being known and numbered.as 104 R Walnut Street, Boiling Springs, PA, 17007. BEING the same. premises which DEBRA A. HERSHEY NKA DEBRA A. HOWELL, by Deed-dated February 23, 2007 and recorded in and for Cumberland County, Pennsylvania, in Deed Book Volume, Page, granted and conveyed unto Blair Ralph Howell, Jr. and Debra A. Howell. Tax Map No.: 40-29-2482-149. Zucker, Goldberg &c Ackerman, LLC XCP-99847 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, : NO.: 08-1861 VS. BLAIR RALPH HOWELL, JR.; DEBRA A. HOWELL F/K/A DEBRA A. HERSHEY; ¦ Defendants. 7160 3901 9848 1151 6213 NOTICE OF SHERIFF'S SALE 7160 3901 9848 1151 6220 ?1 OF REAL PROPERTY PURSUANT TO,6,- SENDERS RECORD SYLVANIA RULE OF CIVIL PROCEDURE 3129 Debra A. Howell f/k/a Debra A. Hershey Blair Ralph Howell, Jr. 58 Paradise Lane 58 Paradise Lane New Bloomfield, PA 17068 New Bloomfield, PA 17068 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 12/10/2008 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 104 R Walnut Street, Boiling Springs, PA, 17007 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 08-1861 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Blair Ralph Howell, Jr. and Debra A. Howell Zucker, Goldberg & Ackemian, LLC XCP-99847 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Blair Ralph Howell, Jr. and Debra A. Howell A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TMIE AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. Zucker, Goldberg & Ackerman, LLC XCP-99847 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation oAthe petition to the Court. ZUCKER Dated: June 13, 2008 BY: ? V \1 -1 U `\-,//I / Scott A. Dietterick, s A 3' #55650 Kimberly A. Bonner, Esquire; PA.I ;D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-99847 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC XCP-99847 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN THE VILLAGE OF BOILING SPRINGS, SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: THAT CERTAIN PROPERTY LOCATED AT THE REAR OF 104 WALNUT STREET, BOILING SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, HAVING FRONTAGE ALONG THE PUBLIC ALLEY OF APPROXIMATELY 53 FEET AND EXTENDING IN DEPTH A DISTANCE OF 70 FEET AND BEING M'ROVED WITH A FRAME AND MASONRY GARAGE AND APARTMENT. (SAID FRONTAGE ALONG THE ALLEY SHALL EXTEND FROM THE REAR LOT LINE SOUTH TO INCLUDE THE CONCRETE FOUNDATION FOR THE OUTSIDE STAIRWAY.) HAVING thereon erected a dwelling house being known and numbered as 104 R Walnut Street, Boiling Springs, PA, 17007. BEING the same premises which DEBRA A. HERSHEY NKA DEBRA A. HOWELL, by Deed dated February 23, 2007 and recorded in and for Cumberland County, Pennsylvania, in Deed Book Volume, Page, granted and conveyed unto Blair Ralph Howell, Jr. and Debra A. Howell. Tax Map No.: 40-29-2482-149. Zucker, Goldberg & Ackerman, LLC XCP-99847 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, CIVIL DIVISION Plaintiff, : NO.: 08-1861 vs. BLAIR RALPH HOWELL, -JR.; DEBRA A. HOWELL F/K/A DEBRA A. HERSHEY; Defendants NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO 7160 3401 9846 1151 6275 s . -• PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Blair Ralph Howell, Jr. Blair Ralph Howell, Jr. 104 R. Walnut Street 58 Amanda Boulevard Boiling Springs, PA 17007 New Bloomfield, PA 17068 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 12/10/2008 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A") The LOCATION of your property to be sold is: 104 R Walnut Street, Boiling Springs, PA, 17007 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 08-1861 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Blair Ralph Howell, Jr. and Debra A. Howell Zucker, Goldberg & Ackerman, LLC XCP-99847 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TWE AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to*the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor Zucker, Goldberg & Ackerman, LLC XCP-99847 or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER GOLDP(I& A)CIkIt1, LLC Dated: June 13, 2008 BY: ,/- v Scott A. Dietterick, Es I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-99847 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC XCP-99847 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN THE VILLAGE OF BOILING SPRINGS, SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: THAT CERTAIN PROPERTY LOCATED AT THE REAR OF 104 WALNUT STREET, BOILING SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, HAVING FRONTAGE ALONG THE PUBLIC ALLEY OF APPROXIMATELY 53 FEET AND EXTENDING IN DEPTH A DISTANCE OF 70 FEET AND BEING IMPROVED WITH A FRAME AND MASONRY GARAGE AND APARTMENT. (SAID FRONTAGE ALONG THE ALLEY SHALL EXTEND FROM THE REAR LOT LINE SOUTH TO INCLUDE THE CONCRETE FOUNDATION FOR THE OUTSIDE STAIRWAY.) HAVING thereon erected a dwelling house being known and numbered as 104 R Walnut Street, Boiling Springs, PA, 17007. BEING the same premises which DEBRA A. HERSHEY NKA DEBRA A. HOWELL, by Deed dated February 23, 2007 and recorded in and for Cumberland County, Pennsylvania, in Deed Book Volume, Page, granted and conveyed unto Blair Ralph Howell, Jr. and Debra A. Howell. Tax Map No.: 40-29-2482-149. Zucker, Goldberg & Ackerman, LLC XCP-99847 EXHIBIT B Zucker, Goldberg & Ackerman, LLC XCP-99847 UNITEDSTATES VIMPOSTAL SERVICEs This Certificate of Mailing provides evidence that mail has been presented to 7sm- and international mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of AAf..:l:.... ?..?.?. D r P MEV BKVAWS 021M $ 01.100 0004253133 SEP04 2008 MAILED FROM ZIP CODE 07092 XCP-99847/gg Cumberland County Adult Probation Postmark Here 1 Courthouse So. Carlisle, PA 17013 PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITEDSTATES V POSTAL SERVICEs This Certificate of Mailing provides evidence that wait has been presented to WPM for mailing. and international mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LLC 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of Mailinp- y`. e r P--Lek 0i , A. Id _ q v `tr .j 7 ®gTNEY BOWES 021M $ 01.100 0004253133 SEP 04 2008 MAILED FROM ZIP CODE 07092 XCP-99847/gg TO' CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 PS Fonn 3817, April 2007 PSN 7530-02-000-9065 Postmark Here l1NITEDSTATES POSTAL SERVICE® TI& Cati6eate of Mailing provide evidenm that mail has been preemd to MPS® for and international mail. F'pm' Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, Ll 200 Sbeffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of NI® wrtvev sowEs 02 1M $ 01.100 0004253133 SEP 04 2008 MAILED FROM ZIPCODE 07092 XCP-99847/gg TO: COMMONWEALTH OF PENNSYLVANIA Postmark Here DEPARTMENT OF WELFARE P.O. Box 2675 rs Harrisburg, PA 17105 PS Form 3817, April 2007 PSN 7530-02-000-9065 ?t ° tit.jll? . UNITED STATES POSTAL SERVICE4 This Cmifiate of Mailing provides evidence that mail has ban presented to MPW fo and international mail. From: Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, L 200 Sheffield Street, Suite 301 J--- :p-Q fP of 2? .?/ tea. 02 1M $ 01.100 r 0004253133 SEP Q4 2008 • MAILEDFROMZIPCODE 07092 Mountainside, NJ 07092 XCP-99847/gg TO: CUMBERLAND COUNTY DOMESTIC RELATIONS Postmark He f-E OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 PS Form 3817, April 2007 PSN 7530-02-000-9065 UNITEDSTATES V-MUPOSTAL SERVICES This Certificate of Mailing provide evidence that mail has been presented to USPS and intemational mail. Fran. Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of Mailing SA CA-, 12, 20M rage F pirr"ry BOWES 02 1M $ 01.100 0004253133 SEP 04 2008 MAILED FROM ZIP CODE 07092 XCP-99847/gg Ta: PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Postmark Here Dept. 280601 Harrisburg, PA 17128-0601 PS Fonn 3817, April 2007 PSN 7530-02-000-9065 V; UNITED STATES A POSTAL SERVICES This Certificate of Mailing provides evidence that mail has been presented to USPS® for and international "L FiO : Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, Ll 200 Sheffield Street, Suite 301 Certificate Of T _ .n._ ® ntrrtcy aowEs 02 1M $ 01,100 0004253133 SEP 04 2008 MAILED FROMZIPCODE 07092 Mountainside, NJ 07092 XCP-99847/gg To' UNKNOWN TENANT OR TENANTS Postmwk Here ?,,,? le-=y? 104 R Walnut Street Boiling Springs, PA 17007 ?? PS Form 3817, April 2007 PSN 7530-02-000-9065 UNlTEDSTdTES V62POSTAL SERV?CEs This Certificate of Mailing provides evidence that mail has been presented to USPSO) for t and international mail. "': Scott A. Dietterick, Esquire c/o Zucker, Goldberg & Ackerman, LL 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 Certificate Of Mailing a ` e =iiwot??°? 02 1M $ 01.100 0004253133 SEP 04 2008 MAILED FROM ZIP CODE 07092 XCP-99847/gg Ta: UNKNOWN SPOUSE 104 R. Walnut Street Boiling Springs, PA 17007 PS Fonn 3817, April 2007 PSN 7530-02-000-9065 Postmark Here IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, : NO.: 08-1861 vs. BLAIR RALPH HOWELL, JR.; DEBRA A HOWELL F/K/A DEBRA A. HERSHEY; Defendants. NOTICE TO LIENHOLDERS AND OTHER PARTIES IN INTEREST PURSUANT TO Pa.R.C.P. 3129(b) TO: CUMBERLAND COUNTY TAX CLAIM UNKNOWN SPOUSE BUREAU 104 R. Walnut Street Cumberland County Courthouse Boiling Springs, PA 17007 One Courthouse Square Carlisle, PA 17013 COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 UNKNOWN TENANT OR TENANTS 104 R Walnut Street Boiling Springs, PA 17007 Cumberland County Adult Probation 1 Courthouse SQ. Carlisle, PA 17013 CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 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 Zucker, Goldberg & Ackerman, LLC XCP-99847 99847DIO04CO9042008PI CUMBERLAND COUNTY COURTHOUSE Carlisle, Pennsylvania 17013-3387 On 10/10/2008 at 10:00am, the following described real estate which Blair Ralph Howell, Jr. and Debra A. Howell are the owners or reputed owners and on which you may hold a lien or have an interest which could be affected by the sale of 104 R Walnut Street, Boiling Springs, PA 17007 Cumberland County (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). Zucker, Goldberg & Ackerman, LLC XCP-99847 99847D1004C09042008P2 The said Writ of Execution has been issued on a judgment in the action of Washington Mutual Bank Plaintiff vs. Blair Ralph Howell, Jr., et al Defendant(s) at EX. NO. 08-1861 in the amount of $167578.94 plus interest and costs. Claims against property must be filed at the Office of the Sheriff before above sale date. Claims to proceeds must be made with the Office of the Sheriff before distribution. Schedule of Distribution will be filed with the Office of the Sheriff no later than thirty (30) days from the sale date. Exceptions to Distributions or a Petition to Set Aside the Sale must be filed with the Office of the Sheriff no later than ten (10) days from the date when Schedule of Distribution is filed in the Office of the Sheriff. If you have any questions or comments with regard to the Sheriffs Sale or this Notice, you should contact your attorney as soon as possible. ZUCKER GOLDBERG & ACKERMAN LLC Dated: September 4, 2008 BY` Scott A. Dietterick, Esquire; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA I.D. #89705 Richard P. Haber, Esquire; PA I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-99847 (908) 233-8500; (908) 233-1390 FAX Zucker, Goldberg & Ackerman, LLC XCP-99847 99847D1004C09042008P3 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, : NO.: 08-1861 vs. BLAIR RALPH HOWELL, JR.; DEBRA A. HOWELL F/K/A DEBRA A. HERSHEY Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 104 R Walnut Street, Boiling Springs, PA 17007. 1. Name and Address of Owner(s) or Reputed Owner(s): BLAIR RALPH HOWELL, JR. AND DEBRA A. HOWELL 104 R. Walnut Street Boiling Springs, PA 17007 2. Name and Address of Defendant(s) in the Judgment: BLAIR RALPH HOWELL, JR. 104 R. Walnut Street Boiling Springs, PA 17007 DEBRA A. HOWELL F/K/A DEBRA A. HERSHEY 104 R. Walnut Street Boiling Springs, PA 17007 3. Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WASHINGTON MUTUAL BANK Plaintiff Zucker, Goldberg & Ackerman, LLC XCP-99847 Cumberland County Adult Probation 1 Courthouse SQ. Carlisle, PA 17013 4. Name and Address of the last record holder of every mortgage of record: WASHINGTON MUTUAL BANK Plaintiff 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 104 R Walnut Street Boiling Springs, PA 17007 UNKNOWN SPOUSE 104 R. Walnut Street Boiling Springs, PA 17007 Zucker, Goldberg & Ackerman, LLC XCP-99847 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this 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. §4904 relating to utsworn fals?tion to authorities. ZUCKER LLC Dated: June 13, 2008 BY: N U,' V Scott A. iettenck, e; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-99847 (908) 233-8500; (908) 233-1390 FAX Zucker, Goldberg & Ackerman, LLC XCP-99947 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN THE VILLAGE OF BOILING SPRINGS, SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: THAT CERTAIN PROPERTY LOCATED AT THE REAR OF 104 WALNUT STREET, BOILING SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, HAVING FRONTAGE ALONG THE PUBLIC ALLEY OF APPROXIMATELY 53 FEET AND EXTENDING IN DEPTH A DISTANCE OF 70 FEET AND BEING IMPROVED WITH A FRAME AND MASONRY GARAGE AND APARTMENT. (SAID FRONTAGE ALONG THE ALLEY SHALL EXTEND. FROM THE REAR LOT LINE SOUTH TO INCLUDE THE CONCRETE FOUNDATION FOR THE OUTSIDE STAIRWAY.) HAVING thereon erected a dwelling house being known and numbered as 104 R Walnut Street, Boiling Springs, PA, 17007. BEING the same premises which DEBRA A. HERSHEY NKA DEBRA A. HOWELL, by Deed dated February 23, 2007 and recorded in and for Cumberland County, Pennsylvania, in Deed Book Volume, Page, granted and conveyed unto Blair Ralph Howell, Jr. and Debra A. Howell. Tax Map No.: 40-29-2482-149. Zucker, Goldberg & Ackerman, LLC XCP-99847 ? ? ., =. ?? Q ?- r ? `.,y - M? , . ' y "?7 ' / ^-. _r ?.) ? ?.'? 7 ? i.,- ?? ? r COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I 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 JP Morgan Chase Bk N A is the grantee the same having been sold to said grantee on the 10th day of December A.D., 202008, under and by virtue of a writ Execution issued on the 31 st day of July 2008, A.D., W2008, out of the Court of Common Pleas of said County as of Civil af- Term, civil Number 1861, at the suit of Washington Mutual Bank against Blair Ralph Howell Jr, Debra A Howell f/k/a Debra A Hershey is duly recorded as Instrument Number 200901280. IN TESTIMONY WHEREOF, I have hereunto set my hand -k and eal of said office this 46? day of A.D. ?n of Deeds Ra=daof D.As, Cuumdsr'and County, CarbW, PA My Wmission Ex0as ft First Monday of Jan. 2010 Washington Mutual Bank In the Court of Common Pleas of VS Cumberland County, Pennsylvania Blair Ralph Howell, Jr. Writ No. 2008-1861 Civil Term And Debra A. Howell f/k/a Debra A. Hershey R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendants, to wit: Blair Ralph Howell, Jr. and Debra A. Howell f/k/a Debra A. Hershey, but was unable to locate them in his bailiwick. He therefore deputized the Sheriff of Perry County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description, according to law. PERRY COUNTY RETURN: And Now, August 20, 2008 at 1505 hours served the within Real Estate Writ, Notice of Sale and Description upon Blair Ralph Howell, Jr. and Debra A. Howell f/k/a Debra A. Hershey by making known unto Debra A. Howell, personally and adult in charge for Blair Ralph Howell, Jr. at 58 Paradise Lane, New Bloomfield, PA 17068 its contents and at the same time handing to her a true and correct copy of the same. So answers: Carl Nace, Sheriff of Perry County, Pennsylvania. William Cline, Deputy Sheriff, who being duly sworn according to law, states that on October 7, 2008 at 1929 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 Blair Ralph Howell, Jr. and Debra A. Howell, F/K/A Debra A. Hershey, located at 104 R Walnut Street, Boiling Springs,Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendants, to wit: Blair Ralph Howell, Jr. and Debra A. Howell, F/K/A Debra A. Hershey, by regular mail to their last known address of 58 Paradise Lane, New Bloomfield, PA 17068. These letters were mailed under the date of October 6, 2008 and never returned to the Sheriffs Office . R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 10, 2008 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Scott Dietterick on behalf of JP Morgan Chase Bank, National Association. It being the highest bid and best price received for the same, JP Morgan Chase Bank, National Association of 7255 Baymeadows Way, Jacksonville, FL 32256, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $1,037.33. Sheriffs Costs: Docketing $30.00 Poundage 20.34 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Mileage 30.00 Levy 15.00 Surcharge 30.00 Out of County 9.00 Perry County 45.70 ' Law Journal 355.00 Patriot News 346.37 Share of Bills 14.92 Distribution of Proceeds 25.00 Sheriff s Deed 49.50 $1,037.33 So Answers: --t ?'O&O R. Thomas Kline, Sheriff BYV CSC M Real Estat Sergeant i/ it d 3/0 Y ( -- ?Afg.C>6 .2-60 • S'6 e 73 7S 1.0?- aIgLb7 rya s ?' ? r? ? ? ?: ra t?- -1 ? S i ? ? ? ?S ? _ i ,,... ,r.. ( ? ? C_S_,7 '? ? -?? ^ ., . ? ?-? ? :< ,`'.. ? ` l r. , ? IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, : CIVIL DIVISION Plaintiff, : NO.: 08-1861 vs. BLAIR RALPH HOWELL, JR.; DEBRA A. HOWELL F/K/A DEBRA A. HERSHEY Defendants. AFFIDAVIT PURSUANT TO RULE 3129.1 Washington Mutual Bank, Plaintiff in the above action, sets forth as of the date the Praecipe for Writ of Execution was filed the following information concerning the real property located at 104 R Walnut Street, Boiling Springs, PA 17007. 1. Name and Address of Owner(s) or Reputed Owner(s): BLAIR RALPH HOWELL, JR. AND DEBRA A. HOWELL 104 R. Walnut Street Boiling Springs, PA 17007 2. Name and Address of Defendant(s) in the Judgment: BLAIR RALPH HOWELL, JR. 104 R. Walnut Street Boiling Springs, PA 17007 DEBRA A. HOWELL F/K/A DEBRA A. HERSHEY 104 R. Walnut Street Boiling Springs, PA 17007 3, Name and Address of every judgment creditor whose judgment is a record lien on the real property to be sold: WASHINGTON MUTUAL BANK Plaintiff Zucker, Goldberg & Ackerman, LLC XCP-99847 Cumberland County Adult Probation 1 Courthouse SQ. Carlisle, PA 17013 4. Name and Address of the last record holder of every mortgage of record: WASHINGTON MUTUAL BANK Plaintiff 5. Name and Address of every other person who has any record lien on the property: CUMBERLAND COUNTY TAX CLAIM BUREAU Cumberland County Courthouse One Courthouse Square Carlisle, PA 17013 6. Name and Address of every other person who has any record interest in the property and whose interest may be affected by the sale: COMMONWEALTH OF PENNSYLVANIA DEPARTMENT OF WELFARE P.O. Box 2675 Harrisburg, PA 17105 7. Name and Address of every other person of whom the Plaintiff has knowledge who has any interest in the property which may be affected by the sale: CUMBERLAND COUNTY DOMESTIC RELATIONS OFFICE Domestic Relations Section 13 N. Hanover Street PO Box 320 Carlisle, PA 17013 UNKNOWN TENANT OR TENANTS 104 R Walnut Street Boiling Springs, PA 17007 UNKNOWN SPOUSE 104 R. Walnut Street Boiling Springs, PA 17007 Zucker, Goldberg & Ackerman, LLC XCP-99847 PA DEPT. OF REVENUE- INHERITANCE TAX DIVISION Dept. 280601 Harrisburg, PA 17128-0601 I verify that the statements made in this 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. §4904 relating to uVsworn falsificgion to authorities. ZUCKER GOL , LLC Dated: June 13, 2008 BY: Scott A. iettenck, e; PA I.D. #55650 Kimberly A. Bonner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-99847 (908) 233-8500; (908) 233-1390 FAX Zucker, Goldberg & Ackerman, LLC XCP-99847 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN THE VILLAGE OF BOILING SPRINGS, SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: THAT CERTAIN PROPERTY LOCATED AT THE REAR OF 104 WALNUT STREET, BOILING SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, HAVING FRONTAGE ALONG THE PUBLIC ALLEY OF APPROXIMATELY 53 FEET AND EXTENDING IN DEPTH A DISTANCE OF 70 FEET AND BEING IMPROVED WITH A FRAME AND MASONRY GARAGE AND APARTMENT. (SAID FRONTAGE ALONG THE ALLEY SHALL EXTEND FROM THE REAR LOT LINE SOUTH TO INCLUDE THE CONCRETE FOUNDATION FOR THE OUTSIDE STAIRWAY.) HAVING thereon erected a dwelling house being known and numbered as 104 R Walnut Street, Boiling Springs, PA, 17007. BEING the same premises which DEBRA A. HERSHEY NKA DEBRA A. HOWELL, by Deed dated February 23, 2007 and recorded in and for Cumberland County, Pennsylvania, in Deed Book Volume, Page, granted and conveyed unto Blair Ralph Howell, Jr. and Debra A. Howell. Tax Map No.: 40-29-2482-149. Zucker, Goldberg & Ackerman, LLC XCP-99847 T IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA WASHINGTON MUTUAL BANK, CIVIL DIVISION Plaintiff, NO.: 08-1861 vs. BLAIR RALPH HOWELL, JR.; DEBRA A. HOWELL F/K/A DEBRA A. HERSHEY; Defendants. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY PURSUANT TO PENNSYLVANIA RULE OF CIVIL PROCEDURE 3129 Debra A. Howell f/k/a Debra A. Hershey Blair Ralph Howell, Jr. 58 Paradise Lane 58 Paradise Lane New Bloomfield, PA 17068 New Bloomfield, PA 17068 TAKE NOTICE: That the Sheriffs Sale of Real Property (Real Estate) will be held at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA 17013 on 12/10/2008 at 10:00am prevailing local time. THE PROPERTY TO BE SOLD is delineated in detail in a legal description consisting of a statement of the measured boundaries of the property, together with a brief mention of the buildings and any other major improvements erected on the land. (SEE LEGAL DESCRIPTION ATTACHED AS EXHIBIT "A"). The LOCATION of your property to be sold is: 104 R Walnut Street, Boiling Springs, PA, 17007 The JUDGMENT under or pursuant to which your property is being sold is docketed to: No. 08-1861 THE NAME(S) OF THE OWNER(S) OR REPUTED OWNER(S) OF THIS PROPERTY ARE: Blair Ralph Howell, Jr. and Debra A. Howell Zucker, Goldberg & Ackerman, LLC XCP-99847 A SCHEDULE OF DISTRIBUTION, being a list of the persons and/or governmental or corporate entities or agencies being entitled to receive part of the proceeds of the sale received and to be disbursed by the Sheriff (for example to banks that hold mortgages and municipalities that are owed taxes), will be filed by the Sheriff thirty (30) days after the sale, and distribution of the proceeds of sale in accordance with this schedule will, in fact, be made unless someone objects by filing exceptions to it, within ten (10) days of the date it is filed. Information about the Schedule of Distribution may be obtained from the Sheriff of the Court of Common Pleas of Cumberland County, One Courthouse Square, Carlisle, PA 17013-3387. THIS PAPER IS A NOTICE OF THE TIME AND PLACE OF THE SALE OF YOUR PROPERTY. It has been issued because there is a Judgment against you. It may cause your property to be held, to be sold or taken to pay the Judgment. You may have legal rights to prevent your property from being taken. A lawyer can advise you more specifically of these rights. If you wish to exercise your rights, you must act promptly. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET FREE LEGAL ADVICE. Lawyer Referral Service of the Cumberland County Bar Association Cumberland County Bar Association 32 S. Bedford Street Carlisle, PA 17013 Phone (800) 990-9108 (717) 249-3166 THE LEGAL RIGHTS YOU MAY HAVE ARE: 1. You may file a petition with the Court of Common Pleas of Cumberland County to open the Judgment if you have a meritorious defense against the person or company that has entered judgment against you. You may also file a petition with the same Court if you are aware of a legal defect in the obligation or the procedure used against you. 2. After the Sheriffs Sale, you may file a petition with the Court of Common Pleas of Cumberland County to set aside the sale for a grossly inadequate price or for other proper cause. This petition must be filed before the Sheriffs Deed is delivered. 3. A petition or petitions raising the legal issues or rights mentioned in the preceding paragraphs must be presented to the Court of Common Pleas of Cumberland County. The petition must be served on the attorney for the creditor Zucker, Goldberg & Ackerman, LLC XCP-99847 or on the creditor before presentation to the Court and a proposed order or rule must be attached to the petition. If a specific return date is desired, such date must be obtained from the Court Administrator's Office, Cumberland County Courthouse, One Courthouse Square, Carlisle, PA 17013-3387, before presentation of the petition to the Court. ZUCKER G09DI4E,M"CKERMAN, LLC BY: Dated: June 13, 2008 Scott A. Diet, erick, s A I.D. #55650 Kimberly A. onner, Esquire; PA.I.D. #89705 Richard P. Haber, Esquire; PA.I.D. #202567 Eric Santos, Esquire; PA I.D. #201493 200 Sheffield Street, Suite 301 Mountainside, NJ 07092 File No.: XCP-99847 (908) 233-8500; (908) 233-1390 FAX VIA CERTIFIED MAIL, RETURN RECEIPT REQUESTED AND VIA PERSONAL SERVICE BY THE SHERIFF OF CUMBERLAND CO. Zucker, Goldberg & Ackerman, LLC XCP-99847 Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN LOT OF LAND SITUATE IN THE VILLAGE OF BOILING SPRINGS, SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: THAT CERTAIN PROPERTY LOCATED AT THE REAR OF 104 WALNUT STREET, BOILING SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, HAVING FRONTAGE ALONG THE PUBLIC ALLEY OF APPROXIMATELY 53 FEET AND EXTENDING IN DEPTH A DISTANCE OF 70 FEET AND BEING IMPROVED WITH A FRAME AND MASONRY GARAGE AND APARTMENT. (SAID FRONTAGE ALONG THE ALLEY SHALL EXTEND FROM THE REAR LOT LINE SOUTH TO INCLUDE THE CONCRETE FOUNDATION FOR THE OUTSIDE STAIRWAY.) HAVING thereon erected a dwelling house being known and numbered as 104 R Walnut Street, Boiling Springs, PA, 17007. BEING the same premises which DEBRA A. HERSHEY NKA DEBRA A. HOWELL, by Deed dated February 23, 2007 and recorded in and for Cumberland County, Pennsylvania, in Deed Book Volume, Page, granted. and conveyed unto Blair Ralph Howell, Jr. and Debra A. Howell. Tax Map No.: 40-29-2482-149. Zucker, Goldberg & Ackerman, LLC XCP-99847 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-1861 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WASHINGTON MUTUAL BANK Plaintiff (s) From BLAIR RALPH HOWELL, JR.; DEBRA A. HOWELL F/K/A DEBRA A. HERSHEY (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$167,578.94 L.L.$.50 Interest FROM 05/30/2008 TO DATE OF SALE - $12,622.50 Atty's Comm % Due Prothy $2.00 Atty Paid $314.84 Plaintiff Paid Other Costs Date: JULY 31, 2008 (Seal) REQUESTING PARTY: Name SCOTT A. DIETTERICK, ESQUIRE Curti R. Long, Pro ry By: Deputy Address: ZUCKER, GOLDBERG & ACKERMAN, LLC, 200 SHEFFIELD STREET, SUITE 301, MOUNTAINSIDE, NJ 07092 Attorney for: PLAINTIFF Telephone: 908-233-8500 Supreme Court ID No. 55650 Real Estate Sale # 22 On August 18, 2008 the Sheriff levied upon the defendant's interest in the real property situated in South Middleton Township, Cumberland County, PA Known and numbered as 104 R Walnut Street, Boiling Springs, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. r_ Date: ,,August 18, 2008 -? 7 1 /:Tl al By.`?-? Real Estate ergeant f?? W ?i? 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: October 31, November 7 and November 14, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Editor SWORN TO AND SUBSCRIBED before me this 14 day of November, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Noiory Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 WAiL Wrms a"& No. 2 Writ No. 2008-1861 Civil Washington Mutual Bank VS. Blair Ralph Howell, Jr. Debra A. Howell f/k/a Debra A. Hershey Atty.: Scott Dietterick Exhibit "A" LEGAL DESCRIPTION ALL THAT CERTAIN lot of land situate in the Village of Boiling Springs, South Middleton Township, Cumberland County, Pennsylvania, more particularly bounded and de- scribed as follows: THAT CERTAIN property located at the rear of 104 Walnut Street, Boiling Springs, Cumberland County, Pennsylvania, having frontage along the public alley of approximately 53 feet and extending in depth a distance of 70 feet and being im- proved with a frame and masonry garage and apartment. (Said front- age along the alley shall extend from the rear lot line south to include the concrete foundation for the outside stairway.) HAVING thereon erected a dwell- ing house being known and num- bered as 104 R Walnut Street, Boiling Springs, PA 17007. BEING the same premises which DEBRA A. HERSHEY nka DEBRA A. HOWELL, by Deed dated February 23, 2007 and recorded in and for Cumberland County, Pennsylvania, in Deed Book Volume _, Page _, granted and conveyed unto Blair Ralph Howell, Jr. and Debra A. Howell. Tax Map No.: 40-29-2482-149. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 the ?latr1otA1J1N(WS Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/29/08 r 11/05/08 {tl 11112/08 Sworn to ar scribed before m this 2,,day/of November, 2008 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notariai Seal Shenie L Kisner, Notary Public. City Of Harrisburg; Dauphin County Commissio?? Expires Nov. 26, 2011 Member. Pennsylvania Association of Notaries Real Estate Sale No. 22 Wrlt:NO. 2111119-1111111 CWN Term W rNutUai Bank VS Blair Mph Howell, Jr. and Debra A. Howell Vk/a Debra A: Helrahey Attorney Scott Diem ick LEGAL DESCRIPTION EXHIBIT "A" ALL THAT CERTAIN LOT OF LAND SITUATE IN THE VILLAGE OF BOILING SPRINGS, SOUTH MIDDLETON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE P ARTICULARL Y BOUNDED AND DESCRIBED AS FOLLOWS: THAT CERTAIN PROPERTY LOCATED AT THE REAR OF 104 WALNUT STREET, BOILING SPRINGS, CUMBERLAND COUNTY, PENNSYLVANIA, HAVING FRONTAGE ALONG THE PUBLIC ALLEY OF APPRO)M ATELY 53 FEET AND EXTENDRIrj IN DEPTH A DISTANCE OF 70 FEET AND BEING BNPROVED` WITH A FRAME AND MASHY GARAGE AND APARTMENT. (SAID FRONTAGE ALONG THE ALLEY SHALL EXTEND FROM THE REAR LOT LINESOUTH TO INCLUDE THE CONCRETE FOUNDATION FOR THE OUTSIDE STAIRWAY) HAVING thereon erected a dwelling house being known and numbemd as 104 R Walnut Street-Boiling Springs, PA, 17007. BEING.the same premises which DEBRA A. HERSHEY NKA DEBRA A. HOWELL, by. Deed dated February 23, 2007 and recorded in and for Cumberland County; Pennsylvania, in Deed Book Volume, Page, granted and conveyed unto Blair Ralph Howell, Jr. and Debra A. Howell. Tax Map No.: 40-29-2482-149.