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HomeMy WebLinkAbout08-2060PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 156906 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. Q$ -c204oO O'ivi1 V. CUMBERLAND COUNTY TAMMY M. WALCK TERRY L. WALCK 105 WALNUT STREET P.O. BOX 86 BOILING SPRINGS, PA 17007 Defendants CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 156906 PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS. Plaintiff TAMMY M. WALCK F/K/A TAMMY M. BEAR TERRY L. WALCK Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2060 CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Date: o'er a Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By: Francis S. Hallinan, squire PHS #: 156906 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. TAMMY M. WALCK F/K/A TAMMY M. BEAR TERRY L. WALCK Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2060 CIVIL TERM CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: TAMMY M. WALCK F/K/A TAMMY M. BEAR P.O. BOX 86 BOILING SPRINGS, PA 17007 TAMMY M. WALCK F/K/A TAMMY M. BEAR TERRY L. WALCK 105 WALNUT STREET, P.O. BOX 86 BOILING SPRINGS, PA 17007 Date: gznWQk" Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By. Francis S. Hallinan, Esquire . w VERIFICATION Scott Scheiner hereby states that he/she is Assistant Vice President of CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC., servicing agent for Plaintiff in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn si cation to authorities. Scott einer, Assistant Vice President DATE: Apri11, 2008 Company: CITIMORTGAGE, INC. SB/M '1 O ABN AMRO MORTGAGE GROUP, INC. Loan: 647370716 File #: 156906 t- y na f;_ ra C.7 San y? ^`r'4 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 File #: 156906 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 File #: 156906 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. File #: 156906 I . Plaintiff is CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: TAMMY M. WALCK TERRY L. WALCK 105 WALNUT STREET P.O. BOX 86 BOILING SPRINGS, PA 17007 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. On 12/14/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1893, Page 2245. A copy of the Mortgage is attached as Exhibit "A". 4. The premises subject to said mortgage is described as attached. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 156906 6. The following amounts are due on the mortgage: Principal Balance $100,588.50 Interest $6,880.75 02/01/2007 through 03/31/2008 (Per Diem $16.19) Attorney's Fees $1,325.00 Cumulative Late Charges $153.46 12/14/2004 to 03/31/2008 Cost of Suit and Title Search 750.00 Subtotal $109,697.71 Escrow Credit $0.00 Deficit $0.00 Subtotal 0.00 TOTAL $109,697.71 7. If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 156906 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $109,697.71, together with interest from 03/31/2008 at the rate of $16.19 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: LAW CE T. PH -AN, ESQ IRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE Attorneys for Plaintiff File #: 156906 JA-?'?V : Iq Q'- ROCERli .0. ZIEGLER 3 "E" z"l5 J91N 4 Pal 1 93 When recorded mail for ABM AMRO MORTGAGE GROUP, INC. P.O. BOX 5064 TROT, MICHIGAN 48084 ATTNrFIMW/TRAILING DOCUMENTS WPt f11t 647370716 18paeo Above This Line Fm Rocordiny Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain riles regarding the usage of words used in this document are also provided in Section 18.E (A) "Sitcurlty Instrument" means this document, which is dated DECEMBER 14, 2004, together with all Riders to this document. (B) "Borrower" is TAmr ' WALCR, . -]'>=StlL(A (.• WGL%CK Borrower is the mortgagor under this Security Instrument. (C)"Lendet"is ABM AMRO MORTGAGE GROUP, INC. PENNSYLVAMIA-Single family-FannN MaalFreddie Mae uMFORY INSTRUMENT 0 19994004 Online Documents, Inc. Page 1 of 16 I Initialst 7L ) Form 30391 MI -TLO PAUDEED PAVDEDL 0400 12-13-2004 10:53 BK 1893PG2245 IRAN it 647370716 Lender is a CORPORATION organized and existing under the laws of tiBtdl MM. Lender's address is 2600 N! BIG BEAVER RD., TROY, MICHIGAN 48084. Lender is the mortgagee under this Security Instrument. (D) "Nois" means the promissory note signed by Borrower and dated DECNMBER 14, 2004. The Note states that Borrower owes Lender * *ONE HUNDRED THREE THOUSAND FIVE HUNDRED AND NOI1Oe**k*k1f**kf**!tk***f**kf**k*k4*RRf*k Dollars(U.S. $303,500.00 ) plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JAsuARI 1, 2035. (E) "Property" means the property that is described below under the heading "Transfer of Rights In the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and We chargesidue under the Note, and all sums due under this Security Instrument, plus interest (0) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: O,AdJustable Rate Rider =Condominium Rider =Second Home Rider = Baboon Rider =Planned Unit Development Rider ©Oth/er(s) [specify] ?1-4 Family Rider =Biweekly Payment Rider =V.A. Rider (H) "Applicable Law" means all controging applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (,n "SactronloFundaTransfer"meansanytransferoffunds,otherthanatransactionoriginated bycheck, draft, orMmilar 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 united to, point-of-sale transfers, automated teller machine transaclons, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Eaorow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or pro- ceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: m damage to, or destruction of, the Property; G9 condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or Qv) misrepresentations of, or omis"s as to, the value and/or condition of the Property. (M) L??dparyme gage insurance" means Insurance protecting Lender against the nonpayment of, or default on, anic . I?i) o nt' means threglarly scheduld amount due for() principal and interest under the , plus (ii) any amounts under Section 3 of this Security Instrument Iaitialsr PEWOYLVAN1AShgle Family-FanMe Maorreddle Mac UNIFORM INSTRUMENT Form =01/01 -nk) o 19e9-2004 Onkm Documents, inc. Page 2 of 16 Pa 0404 12-13-2004 10x53 nu 1 0 o12 Dr 1) LOAN #1 647370716 (O) "RESPA° means the Real Estate Settlement Procedures Act (12 U.S.C. 32601 at seq.) and its In ling regulation, 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 same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard. to a "federally related mortgage ban" even If the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and modficatbns of the Note; and R the perlormance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender t?ta following described property located in the coumv (Type at Atavinp Jumactionl Of CUMBERLAND INams d Recording Jurisdi tionl: SEE LS3RL DESCRIPTION ATTACHED HERETO AND MADE A PART HERETr. which currently has the address of 105 WALNUT P.o BOX 06 ST, BOILING SPRINGS, Iskeel1 Kay) Pennsylvania 17007 ("Property Address"): [rip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." BOgROWER 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. Borrowerwarrants and will defend generally the tide to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines un'donn covenants for national use and non-uniform covenants with (united variations by jurisdiction to constitute a uniform security Instrument covering real propertY. Initials: -'T-W PENNSYLVANIA-Single Fan*-Fannie MaNFreddle Mae UNIFORM INSTRUMENT Form Sass 1101 / DL? \ 01eD0.2ooa Onrne Documede, inc. Page 3 of 16 PAUdEDL 0404 i 12-13-2004 10153 nn r1 7 1. '7 LOAN f: 647370716 UNIFORM COVENANTS. Borrower and Lander covenant and agree as follows: 1. Payment of Principal, Interest, Escrow (items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and Interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U. 5. ciirrency. However, if any check or other instrument received by Lender as payment under the Note or 'Pis Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurers 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. Payments are deemed received by Lender when received at ti1e location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section X15. Lander 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, withoutwaiver of any rights hereunder or prejudice to its rights to refuse such paymen or partial payments in the future, but Lender is not o4ligated to apply such payments at the time such payments are accepted. tf each Periodic Payment is applied as of its scheduled due date, then Lender need not pay Interest on unapplied funds. Lender may hold such unapplied funds until Borrowir makes payment to bring the Loan current. K 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 refs" Borrowerfrom making payments due underthe Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Applicallon of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) Interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall belapplied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and their to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which Includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and they late charge. if more than one Periodic Payment Is outstanding, Lender may apply any payment received from Borrower tD the repayment of the Periodic Payments 1, and to the extent that, each payment can be Old in full. To the extent that any excess exists after the payment is applied to the foil payment of one Qr more Periodk: Payments, such excess may be appled to any tale charges due. Voluntary Prepayments shall be applied brat to any prepayment charges and then as described in the Note. Any appication of payments, insurance proceeds. or Tdiscelianeous Proceeds m principal due under the Note shag not extend or 7p"on's the due date, or change the amount, d the Perdodtb Payments. 3. I Funds for Escs. Borrower shall pay to Lender on the day Periodk Payments are due under the Note, until Met aled in full, a sum (the "Fundsto provide for payment of amounts due for. (a) taxes and assessments and other hems which can attain priority over this Secun 4n nt Isitialar PENNSYLVANIA- 9rQb Fan*-.FanMe AAaWROMe Mae UNIFORM INSTRUMENT Farrw 3039 1/01 0 rsas•iIM online oocume % Inc. Page 4 of 16 PALVEX OUX 12-13-2004 10:53 LOAN 1s 647370716 as a lien ;or encumbrance on the Property; (b) leasehold payments or ground rents on the Properly, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, d any, or any sums payable by Borrower to Lender in Neu of the payment of Mortgage Insurance premiums In accordance with the provisions of Section 10. These items are called "Escrow, Items." At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, g any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shag promptly furnish to Lender all notices Of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shell pay directly, when and where payable; the amounts due for any Escrow items forwhich payment of Funds has been walved by Lender and, If Lender requires, shag fumish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuantto awalver, and Borrowerfails 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 underSectiong to repay to Lenderany such amount lender mayrevokethewaiverastoanyoral Escrow items at f ny timeby a noticegiven in accordancewith Section 15 and, upon such revocation, Borrower shag pay to Under 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) sufgcientto permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a tender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The; Funds shag be held in an Institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so Insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow items no later than the tlme specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annuaW analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower Interest bn the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any Interest or earnings on the Funds. Borrower and Lender can agree In writing, however, that interest shag be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there Is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. Ifthere is a shortage of Funds held in escrow, as defined under RESPA. Lender shall notify Borrower as required by RESPA, and Borrower shag pay to Lender the amount necessaryto make up the shortage in accordance with RESPA, but in no more than 12 montMKpayments. Ifthere Is a deficiency of Funds held in escrow, as defined under RESPA, L.endershall notify Borroweras required by RESPA, and Sorrowershall payto Lenderthe amountnecessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments Initials$ PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 90391/01 O 1999--004 Online Documenta, Inc. Page 5 of 16 PAWEDL o4o4 12-13-2004 10s53 LOAN lis 647370716 Upon payment in full of all sums secured by this Security Instrument, lender shall promptly refund to Borrower any Funds hob by Lender. 4. Charges; Uors. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributabie to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, g any, and Community Association Dues, Fees, and Assessments, If any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shag 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 with by, or defends against enforcement of the Den in, legal proceedings which in lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until sucth proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to tender subordinating the lien to this Security Instrument. If lender determines that any part of the Property is subjectto a Den which can attain priority over this Security Instrument, Lender may give sot rower a notice identifying the Den. Within 10 days of the date on which that notice is given, Borrower shall satisfy the Den or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the P)operty insured against loss by fire, hazards included within the term "extended coverage,' and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires Insurance. This insurance shag be maintained in the amounts (including deductible levels) and for the periods ? hat Lender requires. What Lender requires pursuant to the preceding sentences can change during "term of the Loan. The insurance carrier providing the insurance shag be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occurwhich reasonably might affectsuch determination or certification. Borrowershall also beiresponsible for the payment of any fees imposed by the Federal Emergency Management Agency'In connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular We or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not pro&w-t Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard cr 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 I?ecome additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shag be payable, with such interest, upon notice from Lender to Borrower requesting payment. Initials, --ILA) PENNSYLVANK-Single Famty-FanNa Mao/Fradslio Mae UNIFORM INSTRUMENT Form 3009 t/M a iWs-2ow onkne Dommoft inc. Page 6 of 16 PAUOEDL 04W 12-13-2004 10s53 rut I 00120C99cm MUM Loan ils 647370716 AN insurance policies required by Lender and renewals of such policies shall be subject to lender's right to disapprove such policies, shag Include a standard mortgage clause, and shag name Lender as mortga and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shag promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise require by Lender, for damage to, or destruction of, the Property, such policy shag include a standard mortgage clause and shag name Lender as mortgagee and/or as an additional loss payee. In thl3 event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any Insurance proceeds, whether or not the undeilyirtg insurance was required by lender, shall be applied to restoration or repair of the Property, 0 the restoration or repair is economically feasible and lender's security is not lessened. During such repair and restoration period, Lender shag 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 Ihework is completed. Unless an agreement Is made In writing orAppkable Law requires;irterest to be paid on such Insurance proceeds, Lender shall not be required to pay Borrower any Iuterest#r? earnings on such proceeds. Fees for public adjusters, or otherthkd parties. retained by Borrower shag not-be paid outafthe insurance proceeds and shag bethesole obligation ofBonvwer. ifihe restoration or repair; is not eoonomicalyteasible or Lender's security would be lessened, the insurance proceeds shag be app" to the sums secured by this Security instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Insurance proceeds shag be applied In the order provided for in Section 2. it Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related 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 N 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 Borrovverl under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either lo repair or restore the Pro perty or t0 pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 8. 'Occupancy. Borrower shag oxupy, establish, and use the Properly as Borrower's principal residence within 60 days after the execution of this Securtiy Instrument and shag 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 shag not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservatkan, Makdonaru a and Protection of the Property; Inspections. Borrower shag not destroy, damage or impairthe Property, allow the Property lo deteriorate or commit waste on the Property. Whetiut3r or not Borrower Is residing in the Property, Borrower shag maintain the Properly In order to prevent the Proparty from deteriorating or decreasing in value due to its condition. Unless it is determii'ied pursuant to Section5thatrepairorrestoration Isnoteconomicalyfeasible, Borrower shall promptlyrepailheProperty it damaged lo avoid further deterioration or damage. If insurance or condemnation proceed a paid in Initialsr PENMY,,LVAN A-Single Family-Famdo Ma /Freddle Mac UNIFORM INSTRUMENT Form 80391/01 o isss-;ow onflne oowmenm wr- Page 7 of 16 PALOWL ORN 12-13-2004 10x53 INTA ?.. 1 o0,2 or92r.l LORN it 647370716 connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring' the Property only If Lender has released proceeds for such purposes. Lander may disburse proceeds forthe repairs and restoration in asingle payment or in a series of progress payments as thework is oomp4ted. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or Its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, !.ender may inspect the interior of the improvements on the Property. Lender shall give Borrowei notice at the time of or prior to such an interior inspection specifying such reasonable cause. & Borrower's Loan Application. Borrower shall be in default if, during the Loan application process; Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate Information or statements to Lender 4or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy ofthe Property as Borrower's principal residence. 9. Protection of Lendeea Interest In the Property and Rights Under this Security Instrument. H (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is ar legal proceeding that might significantly affect Lender's Interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a rail which may attain priority over this Security Instrument or to enforce laws or 'regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Properly 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 sums secured by a Ilen 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 locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender Incurs no liability for not taking any or all actions authorized under this Section 9. Anyl'amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disb1lrsement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment if #4 Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall nod merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lander 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,1he Mortgage Insurance coverage required by Lender ceases to be available from the mortgage Initials) PEia4SYLVANIA-Bugle Family-Fa nW M.WFmddi* M. UMFORM INSTRUMENT Farm X0391/91 01999.2004 onlhe Documeft kro Page 9 of 16 PAUbt:oi 0404 12-13-2004 10x53 IOW i R93PG2252 LOAN #z 647370716 insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously In effect, at a ccet substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. if substantially equivalent Mortgage Insurance coverage is not available, Borrower shad continue to pay to lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retail these payments as a non-refundable loss reserve In lieu of Mortgage Insurance. Such loss reserve shag be non-refundable, notwithstanding the fact that the Loan Is ultimately paid in fug, and, Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender 41-n no longer requite loss reserve payments if Mortgage Insurance coverage (in the amountand for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtairje and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as acondition of making the loan and Borrowerwas required to make separately designated payments toward the premiums for Mortgage Insurance, Bon vArdr shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non- loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with agreemen tbetween Borrower and Lender providing for such termination or until termination by Applicable Law. Nothing In this Section 10 affects Borrower's obligation to pay Interest e rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain bases 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 ford from time to time, and may enter Into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds o)takW from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another Insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive Vom (or might be characterized as) a portion Of Borrower's payments for Mortgage Insurance, In exchange for sharing or modifying the mortgage Insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the Insurer, the arrangement is often termed "captive reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any othertenna of tlw Loan. Such agreements will not inareaw the smount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund (b) fty such agreements will not affect the rights Borrower has - if any - with respect to the Mortg66e insurance under the Homeowners Protection Actof 1998 or any other law. These rights may Inciudo 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 refun{! of any Mortgage insurance premiums that were unearned at the time of such canobllstion or termination. Iaitialar PENNSYLVANIA-Single Fan*-FOR" MaoIFnddle Mac UNIFORM INSTRUMENT Form 3039 1p1 ?7fD- ® 1OW2004 Online Documents. Inc. Page 9 of 16 - PA DL 0404 12-13-2004 10x53 tu?R93PG2253 I.WIN Its 64737.07,16,_, 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. 11 the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property. If the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shati be undertaken promptly. Lender may pay for the repairs and restoration In a single disbursement or In a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires Interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or eamfggs on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this ecurity lrrstru ,ont, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In *eeventof atotal taking, destruction, or toss in value of the Property, the Miscellaneous Proceeds shall be': applied to the sums secured by this Security Instrument, whether or not then due, with the excess, off any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of'jthe Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds mul dpfiid by the following fraction: (a) the total amount of the sums secured Immediately before the partialtaking, destruction, orioss in value divided by (b) thefair marketvalue of the Propertyimmediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borcowor. in d)e event of a partial taking, destruction, or loss in value of the Property in which the fair market value cAthe Property immediately before the partial taking, destruction, or loss in value is less than the amount? of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree In writing. the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by tender to Borrower thetthe Opposing Party (ae defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lenderwithin 30 days after the date the notice Is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. 'Opposing Party' means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regaid to Miscellaneous Proceeds. --!=-- shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lenderjugment, could result in forfeiture of the Property or other material Impairment of gender's intsres4 in the Property or rights under this Security Instrument. Borrower can cure such a default and, it ac oekration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, In Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument, The initials: PENNBYWANIA-Iftb Fan*-Fannin WoMeddle Mac UMFORM INSTRUMENT Fo m ams Win 0 1OW2004 Online Document4 Inc. Page 10 of 16 P own 12-13-2005 10153 I Ifzlt I R43PG2254 LOAN #r 647370716 proceeds of any award or claim for damages that are attributable to the impairment of Lender's Interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for In Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lander to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any 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 or otherwise modify amortization of the sums secured by this Security lnstrumentby reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-algners; Successors and Assigns Bound. Borrower cov- enants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrowerwho co-signs this Security Instrument but does not execute the Note (a "co-signer"); (a) is co- signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the 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 terns of this Security instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor In Interest of Borrower who assumes Borrowr es obligations undarthis Security Instrument in writing, and is approved by Lander, shad obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shad not be released from Borrower's obligations and liability under this Security Instrument unless Lenderagrees to such release in writing. The covenants and agreements of this Security Instrument shalt bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lander's interest in the Property and rights under this Security, Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shad not be construed as a prahlbition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. H the an is subject to a law which sets m xiamum ban charges, and that law finally interpreted so that the interest ar other ban charges collected or to be collected in connection with the lien exceed tho permitted, limits, then: (a) any such ban charge shad be reduced by the amount necessary to reduce the charge?t?Oi the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits wig be refunded to Borrower. Lender may douse to make this refund by reducing the principal owed under file Note or by making a direct payment to Borrower. H a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. Initials$ "C-l.J PEwmfY rAmA-sngie FaNy-FUgie MaWFreddls mac umFORM INSTRUMENT Form BOSS 1im o M9-29 1 04 Online Documents, inc. Page 11 of 16 P UDEDL 0000 12-13-2004 M53 -BK f 893PG225-5 LOAN lit 647370716 15. Notices. Ali notices given by Borrower or Lander in connection with this Security Instrument must be in writing. Any notice to Borrower In connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address ifsent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Apprcable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change 0 address, then Borrower snap only report a change of address through that spec ied procedure. Th ammaybeonly onedesignated notice address underthis Security Instrumentat any one lime. Any notice to Lander shall be given by delivering it or by mailing it by first class map to Lender's address stated herein unless tender has designated another address by notice to Borrower. Any notice in connection with this Security linstrument shall not be deemed to have been given 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 16. Governing Law; Severabltity; 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 Applicetile Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shag not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument orthe Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word `may' gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section IS, "Interest in the Property" means any legator 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 orescroyragreement, the Intent ofwhich is the transfer of title by Borrower at a tutu re date toa purchaser. 9 all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or trans(erred) without Landers prior written consent; Lender may require irnmed'late payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender it such exercise is prohibited by Applicable Law. It Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shag provide 'a period of not less than 30 days from the date the notice is given in accordance with Section 15 w 1thirr which Borrower must pay all sums secured by this Security Instrument 9 Borrowerfails to pay these sums prior to the expiration of this period. Lander may invoke any remedies permitted by this $e= 4 Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceloratlom If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained Initials$ PENNSYt VAMA-SkVIs F.*-FaenN AUs/Fre". Maa UNIFORM INSTRUMENT Form SOK 1/01 0 1999-2004 Onrno Documwft Inc. Page 12 of 16 PA" 12-13-2004 1Ov53 A ?K 4 893PG2256 LOAN Ir 647370716 in this Security Instrument; (b) such other period as Applicable Law might specify 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 be due under this Security Instrument and the Note as dnoacceleration had occurred; (b) cures anydefaultof any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, Including, but not limited tq, reasonable attorneys' fees, 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 as Lender may reasonably require to assure that Lender's Interest in the Property, and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more ofthefoll wing forms, as selected byUnder: (a)cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are Insured byafederal agency, instrumentality or entityI or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, M Security Instrument and obligations secured hereby shag remain fully effective as If no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sala of Note; Change of Loan Servfcer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change In the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage ban servktirry obligations under the Note, this Security Instrument, and Applicable Law. There also might be one br more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan SsHcer Borrower will be given written notice of ft change which will state the name and address of the now Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan Is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage ban servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and arel not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty awed by reason of, tfiis Security Instrument unW such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. H Applicable taw provides a time period which must elapse before certain action cambe taken, that time period will be deemed m be reasonable for purposes of this paragraph. The notice of acceleretion and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. F?Zardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those S4r defined as toxic or hazardous substances, pollutants, orwastes by Environmental Lawand the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volaWesoNeft, materials containing asbestos orformaldehyde, and radioactive materials; initialrs$ PENNSYLVANK-Shole Fan*-FarmW Maa,IFreddlo Mae UNIFORM INSTRUMENT Fwm 39391M1 01999-2604 Online nxumanra. Inc. Page 13 of 18 PACMIX 0404 12-13-2004 IOM Bk 1893PG2257 (b)'Environmental Law" means federal laws and laws of the I.? r 64 aced that jurisdiction wherethe Properly is located that t relate to Iheallh, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined In Environmental Law; and (d) an "Environmental CondWon'means acondition thataan cause, oontributeto, orotherwise triggeran Environmental Cleanup. Borrower shelf not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shag not do, nor allow anyone also to do, anything affecting the property (a) that is in violation of any Environmental Law, (b),which creates an Environmer W Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The precxting two sentences shag not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give gender written notice of (a) any Investigation, claim, demand, lawsuit or otheriaction by any governmental or regulatory agency or private party Involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spring, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower leams, or is notified by any governmental or regulatory authorlty,.or any private party, that.any remp"Jor other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions In accordance with Environmental Law. Nothing herein shag create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acoelerstforr Re nedlea LwWw shall glw notice to Bom werprforto acceleration following Borrower'e breach of any covenant or agreement In this Security Instrument (but not prior to sccsleretion under Section 18 unless Applicable Law provides otherwise). Lander shall noft Borrower of, among other things: (a) tie default; (b) the action required to cure the default; (c) when thodefenrRrrurstbecurod;and(d)fiatfaUure tocraetodofoultasspecified mayresuRlnacceleration of the sums secured by this Security betrlument, foreclosure by jWkW proceeding and sale of the Profa .LAndershallfurther Inform Borroweroftierighttorskabrieafteraecalerallonandtheright to stood M the foredosure proceodinp the norwulstance of a default or any Ober defense of Borrowario acceleration and foreclosure. If the default Is not cured as specified, Lmnderat$s option msyrequireimmediatepaynwAinfull of all sumasecured bythisSecwlly Instrnanort wlthoutfurtlrer demand and may foreclose We Security instrument by judicW proceeding. dander shall be emitted to collect all expenses Incurred In purauing the remedies provided In this Section 22, Including, but not Hood to, attorneys' fees and costs of We evidence to On extent permitted by Applkmble law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shag terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument Borrower shall pay any recordation casts. Lender may charge Borrower a fee for releasing this Security Instrument, but only ifthefee Is paid toathird party for services rendered and the charging of the fee is pemnitted 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 initials, ??tn) PENNSYLVANIA-Sk4e Fw*-Faeere Mae/Freddle Mao UNIFORM INSTRUMENT Form 3ose 1101 O 1990.2004 Onine Docunw ts. Inc. Page 14 of 16 P 0404 ' 12-13-2004 10,53 !1~ SK l 893PG2256 Lou is 647370716 present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and, sale, and homestead exemption. 26. flakistatement Period. Barrower'stimeto rainstateprovided in Section 19" extend to one hour prior to tale commencement of bidding at a shenTs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire We to the Property, this Security 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 tt ?a Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security: Instrument and in any Rider executed by Borrower and recorded with it, I-Qlni InA )- /2 ? (seal) TAMMY VALC& ?3/t/t r/y j " PEN10MVANK-Single Fw*-Fannie Use/Freddie Mae UNIFORM INSTRUMENT Form Soae 1/ot 0 1 OW2004 online Documo ts. Inc. Page 16 of 16 PAUDEDL 0404 12-13-2004 10:53 gg 1893PG2259 LOAN fl: 647370716 Certificate of Residence 1, do hereby certify that the correct address of the within-named Mortgagee is 2600 W. BIG BZAVR1! RD., TROY, MICHIGAN 48084 my Agent of Mortgagee Commonweal of PENNSYLVANIA County of ukmbffc afNd on this the ` day of , ?%,oer aw-1 before me, the undersigned officer, personally appeared TAMMY ALCI[, known to me (or satisfactorily proven) to be the person whose name 8) is re subscribed to the within instrument and acknowledged that he It they executed the same for the purposes therein contained. In witness whereof I hereunto not my hand and officia seal. My commission expires: G Title of officer laure? 8 ogles, Notary Aib6C S!xswst.:hy Two.. Yak County ?My corm: ,r4r 5 ;p,ms December 5, 2005 M?e-:,..w,.??da6rnOfkaa?r? Initialss Tw r PENNSY4YANIA-Singh Famiy-Fannie Ma%Tmddle Mae UNIFORM INSTRUMENT Form avae 1/01 0 IQW2004 Onine Docurnenta, Inc Page 16 of 16 PAIbEDL o40a 12-13-2004 1Os53 i B1E t @93K2260 1 Certify this to be recorded In Cumberland County PPA? Recorder of Deeds ', `\ Slewart Title Commitment Number: 2004110037AM- SCHEDULE C PROPERTY DESCRIPTION The land referred to in this Commitment is described as follows: ALL THAT CERTAIN tact of land with the Improvements thereon erected, in South Middleton Township, situate in the Village of Boiling Springs, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point, the corner of an alley on Walnut Street; thence by said Alley, South 72 degrees West .a distance of 120 feet to a point at line of land formerly of Roy Baschoar, now or formerly of SL John's Evangelical Lutheran church; thence by said land now or formerly of the Church, South 18 degrees East a distance of 26.11 feet more or less, to line of property formerly of Lawrence L. Diller and wife, later of Howard McGough, now or formerly of Barry L. Duncan and Laura Duncan, his wife; thence along said land now or formerly of Duncan, North 72 degrees East a distance of 120 feet to a point on Walnut Street; thence along Walnut Street North 18 degrees West aidistance of 26.11 feel, more or less, to a point, the Place of BEGINNING. BEING improved with a two and one half story frame dwelling house and garage known and numbered as 105 Walnut Street. Parcel # 40-29-2482-173 ALTA Commiurmt Schedule C (2004110037AM.PFD12004110037AW4) SK i 893PG226 l LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, in South Middleton Township, situate in the Village of Boiling Springs, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, the corner of an alley on Walnut Street; thence by said alley, South 72 degrees West a distance of 120 feet to a point at line of land formerly of Roy Basehoar, now or formerly of St. John's Evangelical Lutheran Church; thence by said land now or formerly of the Church, South 18 degrees East a distance of 26.11 feet, more or less, to line of property formerly of Lawrence L. Diller and wife, later of Howard McGough, now or formerly of Barry L. Duncan and Laura Duncan, his wife; thence along said land now or formerly of Duncan, North 72 degrees East a distance of 120 feet to a point on Walnut Street; thence along Walnut Street, North 18 degrees West a distance of 26.11 feet, more or less, to a point, the Place of BEGINNING. BEING improved with a two and one-half story frame dwelling house and garage known and numbered as 105 Walnut Street. File #: 156906 BEING the same premises which Hazel H. Brenneman, widow, by deed dated July 18, 1988 and recorded July 19, 1988 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 'L', Volume 33, Page 861, granted and conveyed to Charles A. Koch, Jr. and Darlene K. Koch, the Grantors herein. PARCEL ID NO.: 40-29-2482-173 PROPERTY BEING: 105 WALNUT STREET P. O. BOX 86 File #: 156906 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. Attoi ey for Plaii'ttif DATE: 3/31 Olt 0 06 0 O 0 D 0 b f ' r 1 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02060 P COMMONTWEALTH OF PENNSYLVANIA r COUNTY OF CUMBERLAND CITIMORTGAGE INC VS WALCK TAMMY M 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 WALCK TERRY L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT WALCK TERRY L 105 WALNUT STREET BOILING SPRINGS, PA 17007 DEFENDANT HAS NOT LIVED THERE FOR 4 YEARS NOT FOUND , as to SERVICE WAS ALSO TRIED AT 153 CEDAR ST CARLISLE. Sheriff's Costs: So answers Docketing 6.00 =? r Service 5.00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 26.00 PHELAN HALLINAN SCHMIEG 05/12/2008 Sworn and Subscribed to before me this day of , A.D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-02060 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS WALCK TAMMY M ET AL SHAWN HARRISON Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORK WALCK TAMMY M DEFENDANT was served upon the , at 2013:00 HOURS, on the 18th day of April , 2008 at 105 WALNUT STREET BOILING SPRINGS, PA 17007 TAMMY WALCK by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge Sworn and Subscibed to before me this of So Answers: 18.00 6.00 00 n-- e 6 10.00 R. Thomas Kline .00 34.00 05/12/2008 PHELAN HALLI SC MIEG By: day Deputy Sheriff A.D. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 MICHAEL E. CARLETON, ESQ., Id. No. 203009 VIVEK SRIVASTAVA, ESQ., Id. No. 202331 JAY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 ONE PENN CENTER PLAZA, SUITE 1400 E CORY FROM RECORD 1" T% t" Whereof, I h4.ffa unto set `rty hard "d tt s seas of said Cov at culwe, Fa. 1oog ATTORNEY FOR PLAINTIFF PHILADELPHIA, PA 19103 (215) 563-7000 156906 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 COURT OF COMMON PLEAS CIVIL DIVISION TERM Plaintiff NO. DS- xWD Civil 1er w V. CUMBERLAND COUNTY TAMMY M. WALCK TERRY L. WALCK 105 WALNUT STREET P.O. BOX 86 BOILING SPRINGS, PA 17007 vetity "fie Defendants 'ne a "a true 20 to be CIVIL ACTION - LAW Code COO 'I welod COMPLAINT IN MORTGAGE FORECLOSURE File #. 156906 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800)990-9108 Filet!: 156906 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 File #: 156906 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. File #: 156906 I . Plaintiff is CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS1011 FREDERICK, MD 21703 2. The name(s) and last known address(es) of the Defendant(s) are: TAMMY M. WALCK TERRY L. WALCK 105 WALNUT STREET P.O. BOX 86 BOILING SPRINGS, PA 17007 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 12/14/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to PLAINTIFF which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Book No. 1893, Page 2245. A copy of the Mortgage is attached as Exhibit "A". 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2007 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 156906 6 The following amounts are due on the mortgage: Principal Balance $100,588.50 Interest $6,880.75 02/01/2007 through 03/31/2008 (Per Diem $16.19) Attorney's Fees $1,325.00 Cumulative Late Charges $153.46 12/14/2004 to 03/31/2008 Cost of Suit and Title Search $750.00 Subtotal $109,697.71 Escrow Credit $0.00 Deficit $0.00 Subtotal $0.00 TOTAL $109,697.71 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 156906 9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or Notice of Default as required by the mortgage document, as applicable, have been sent to the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff or an authorized consumer credit counseling agency, or has/have been denied assistance by the Pennsylvania Housing Finance Agency. 10. This action does not come under Act 6 of 1974 because the original mortgage amount exceeds $50,000. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $109,697.71, together with interest from 03/31/2008 at the rate of $16.19 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: LAW CE T. PHELAN, ESQ IRE FRANCIS S. HALLINAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE MICHAEL E. CARLETON, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE Attorneys for Plaintiff File # 156906 RCCER.T °. ZIEGLER "Or- 3F -CE`Z Z i',35 AN 4 Pal 1 93 When recorded mail tot ABN AMRO MORTGAGE GROUP, INC. P.O. BOX 5064 TROY, MICHIGAN 48084 ATTH:FINAL/TRAILING DOCU14ENTS LO 4jlt 647370716 [Space Above This Una For RecwdhV Data] MORTGAGE DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16.' (A) "Securlty Instrument' means this document, which is dated DECEMBER 14, 2004, togethej with all Riders to this document. (B) "Borrower" is TAMMY ' WALCK, . Tt=?Ry ?. Wo?tcK - I Borrower is the mortgagor under this Security Instrument. (C) "Le6der" is ABN AMRO MORTGAGE GROUP, INC. i PENNSI LVANIA-Singfe Femily--Fannle Mae/Freddie Mac UNIFORM INSTRUMENT O 19994004 Online Documents, Inc. Page 1 of 16 ! Initialst I LnJ Form 3039 1/W PAUDEED PAUDEDL 0404 12-13-2004 10:53 BK 1893PG2245 LOAN ill 647370716 Lender Ii a CORPORATION organized and existing under the laws of DEL LWARE. Lender's address is 2600 N! BIG BEAVER RD., TROY, MICHIGAN 48084. Lender is the mortgagee under this Security Instrument (D) "Note" means the promissory note signed by Borrower and dated DECoMER 14, 2004. The Note states that Borrower owes Lender **ONE HUNDRED THREE THOUSAND FIVE HUNDRED AND NO/100+r*a*•******+*:***++**+**?******r•r• Dollars(U.S. $103,500.00 ) plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JANUARY 1, 2035. (E) "Property" means the property that is described below under the heading "Transfer of Rights In the Property." (F) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late chargesidue under the Note, and all sums due under this Security Instrument, plus Interest (G) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): ='Adjustable Rate Rider =Condominium Rider D Second Home Rider M Balloon Rider =Planned Unit Development Rider ©Othe r(s) [specify] f=11-4 Family Rider Biweekly Payment Rider `L?,{„r` =V.A. Rider `1 (H) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "Community Assoclation Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (J) "Electronlc Funds Transfer"means anytransfer of funds, other than a transaction originated bycheck, 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 telex machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "F.,serow Items" means those items that are described in Section 3. (L) "Mlacellaneous Proceeds" means any compensation, settlement, award of damages, or pro- ceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: @ damage to, or destruction of, the Property: CHI condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) Periodic Payment' means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument Initialsa PENNSYLVANIA-Single Family-Fannlo Mae/Freddie Mac UNIFORM INSTRUMENT Form 30381/01 O 1999-2,004 Onrine Documents, Inc, Page 2 of 16 PAODEDL 0404 12-13-2004 10r53 nv 1 00 el Dr 7')IrG LOAN #r 647370716 (O) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 at seq.) and its implementing regulation, 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 same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage ban" even 0 the Loan does not qualify as a "federally related mortgage loan" under RESPA. (P) "Successor In Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lander: n the repayment of the Loan, and all renewals, extensions and modifications of the Note; and () the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the COUNTY (Type of Recording Jurisdretionl Of CUMBERLAND INerne of Recording Jurlsdictionl: SSE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 105 wALHUT P.0 BOa 86 ST, BOILING SPRINGS, large(] [City) Pennsylvania 17007 ("Property Address"): lzip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property.' 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. Borrowerwarrants and will defend generally the tide to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property __T_W Initialas PENNSYLVANIA-Single Family-Fannle Mae/Froddle Mac UNIFORM INSTRUMENT Form acre 1101 // ®1099.2004 online Documents. Inc. Page 3 of 16 PAU&DL 0404 12-13-2004 10x53 e -n71.'7 LOAN If: 647370716 UNIFORM COVENANTS. Borrower and Lander covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrowef shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in US. currency. However, if any check or other instrument received by Lender as payment under the Note or ?this Security instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender. (a) cash; (b) money order; (c) certified check, bank check, treasurei'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. Payments are deemed received by Lender when received at the location designated in the Note-or at such other location as may be designated by Lender in accordance with the notice provisions in Section j15. 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, withoutwalver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then L4der need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current if Borrower does not do so within a reasonable period of time, Lander shall either apply such funds or return them to Borrower, if not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due underthe Note; (c) amounts due under Section 3. Such payments shall belapplied to each Periodic Payment in the order In which it became due. Any remaining amounts shall tiapplied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and theI late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments W, and to the extent that, each payment can be paid In full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late 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 "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other Items which can attain priority over this Securi In ment Initials: PENNSYLVANIA-Single Farnily-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3039 1101 O 1999-2U04 Online Documents, Inc. Page 4 of 16 PAUDEDI. 0404 12-13-2004 10:53 LOhN #: 647370716 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 term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, it 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 !.ender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable; the amounts due torany Escrow Items forwhich payment of Funds has been waived by Lender and, it Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower Is obligated to pay Escrow Items directly, pursuantto awaiver, and Borrowerfailsto paythe amount dueforan Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to lender any such amount tender may revoke thewaiver as toanyorall Escrow items at any time by a noticegiven in accordancewith Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 9. Lender may, at any time, collect and hold Funds in an amount (a) sufficientto permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The; Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interestshall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shag notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrowershall pay to Lender the amountnecessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments Znltialsi , PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 3o" 1/o1 / 0 1999-2004 Online Documents, Inc. Page 5 of 16 PAtJDEOL 0404 12-13-2004 10:53 ??11?1I ? i -.^C%nrm771.a LOAN dlx 647370716 Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Clan, Borrower shall pay all taxes, assessments, charges, fines, and impositions atiribulable to the Property which can attain priority 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 Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the Gen in good faith by, or defends against enforcement of the Gen in, legal proceedings which In Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satlsfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any partof the Property is subject to a Den which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage,' and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject :'to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasdnably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occurwhich reasonably might affect such determination or certification. Borrower shall also belresponsible for the payment of any fees imposed by the Federal Emergency Management Agency'in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have 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. Initials: _r LA)_ PENNSYLVANIA-Single Fan*-Fannie Mae/Froddio Mac UNIFORM INSTRUMENT Form 3039 1An ® 1999-2004 Online Documents, inc. Page 6 of 16 PAUKU Oa04 12-13-2004 10x53 BIpd rut 1 0aQDC77?i? LOAN 11: 647370716 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 Icertificates. H Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise require by Lender, for damage to, or destruction of, the Property, such policy shag include a standard mortgage clause and shag 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 it not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any Insurance proceeds, whether or not the underlying Insurance was required by Lender, shag be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shag 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 requireslinterest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, orotherthird parties, retained by Borrower shag not-be paid out of the insurance proceeds and shag be the sole obligation of Borrower. If the restoration or repair is not economically feasible or tender's security would be lessened, the insurance proceeds shag be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a noticefrorn 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 Section22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) !any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. 'Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 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 withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. i Presorvatkx% Maintenance and Protection of the Property; Inspections. Borrower shag not destroys damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or rot Borrower is residing in the Property, Borrower shag maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determiiiiied pursuant to Section Sthatrepairor restoration Isnoteconomicallyfeasibie, Borrower shell promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceed lip paid in initials: % LA.) PENNSYIYANIA-Single Fan*-Famdo Mao/Froddis Mae UNIFORM INSTRUMENT Form 30]91101 --t_,..) ®1999-2004 online Documents. Inc. Page 7 of 16 PAUDEDL OUM 12-13-2004 10:53 I r , i o0'1Dr_'? 9 S 1 LOAN #1 647370716 connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is complgted. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. 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 Borrowef notice at the time of or prior to such an interior Inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default 0, during the Loan application process; Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representation include, but are not limited to, representations concerning Borrower's occupancyof the Property as Borrower's principal residence. 9. Protection of Lender's Interest In the Property and Rights Under this Security Instrument If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is # legal proceeding that might significantly affect Lender's Interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a 1'Ien which may attain priority over this Security Instrument or to enforce laws or iegulations), or (c) Borrower has abandoned the Property, then lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security' Instrument, including protecting and/or assessing the value of the Property, and securing and/ or repairing the Property. Lender's actions can include, but are not limited to: (a) paying. any sums 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 locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment If this Security instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or cancel the ground lease. Borrower shall not, without the express written consent of Lender, alter or amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger In writing. 10. "Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect If, for any reason,1he Mortgage Insurance coverage required by Lender ceases to be available from the mortgage Initialsr PENNSYLVANIA-Single Fammy-Famoe Mae/Fre"a Mae UNIFORM INSTRUMENT Form 30391/01 01 W9-2004 Online Documents, inc. Page 8 of 16 PAUDEDL 0404 12-13-2004 10153 au i R93PG2252 LOAN #r 647370716 insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required, to obtain coverage substantially equivalent to the Mortgage Insurance previously In effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in Neu of Mortgage Insurance. Such loss reserve shah be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, andlLender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lendercan no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and forthe period that Lender 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, orto provide a non- refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with an 'on agreement between Borrower and Lender providing for such termination or until termination equ'ired 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 time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements areon terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). Asa result of these agreements, Lender, any purchaser of the Note, another Insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. hsuch agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further, (a) lAny such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage insurance, or any other terms of the Loan. Such agreements will not increase the amount Borroweer will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. (b) iAny such agreements will not affect the rights Borrower has - If any - with respect to the Mortgabe Insurance under the Homeowners Protection Actof 1998 or any other law. These rights may Includo the right to receive certain disclosures, to request and obtain cancellation of the Moriga'' Insurance, to have the Mortgage insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. Inttialsr PENNSYLVANIA-Single Famly-Fannlo MaelFrMdfa Mac UNIFORM INSTRUMENT Form 30391/01 T ® 1999-2004 Online Docunlefft Ina Page 9 of 16 PAEIDEDL oast 12-13-2004 10x53 QK 1 R93PG2253 ' ??111 ', (_rl LOAN ikr 6473707,16_,. 11. Asslgnment of 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 to restoration or repair of the Property. If the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration In a single disbursement or In a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires Interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or eam'uigs on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this ?ecurity Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In tt'e event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be` applied to the sums secured by this Security Instrument, whether or not then due, with the excess, cif any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value ofjthe Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree In writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property Immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In tt)e 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 amountof the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or N. after notice by Lender to Borrower thatthe Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lenderwithin 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party' means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, In Lender's judgment, could result in forfeiture of the Property or other material impairment of tender's interest in the Property or rights under this Security Instrument Borrower can cure such a default and, it acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument The Initials: PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01 7 01999-2004 Online Dccumentr. Inc. Pago 10 of 16 PAOD 0404 12-13-2004 10253 I ?att 1 R43PG2254 LOAN Its 647370716 proceeds of any award or claim for damages that are attributable to the impairment of Lender's Interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any 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 or otherwise modify amortization of the sums secured by this Security instrumentby 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 limitalion, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, ship not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Uablllty; Co-signers; Successors and Assigns Bound. Borrower cov- enants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co- signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured, by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, :modify forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 1a, any Successor in Interest of Borrower who assumes Borrower's obligations underthis Security Instrument in writing, and is approved by Lender, shad obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security;lnstrument, including, but notlimited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. 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 ban charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the 7?0 limits, th(a) ny such n charge all be reduced by the amount necessary to reduce the to the pelimd ) ny sums collected from er which exceeded perrnttted will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the We or by making a direct payment to Borrower. ff a refund reduces principal, the reduction will be treated as a partial prepayment witilout any prepayment charge 7MveM'r or not a prepayment charge is pro vidfor undr thNoteBorroweacceptancof any nd made bdirect payment to Borrowewiq constflutright ction Borrower igharising out of such overcharge. Initialer PENNSYL1VANIA-SM& Femlty-Fannio Mae/Freddie Mac UNIFORM INSTRUMENT Fonn 30391/ot ® 1999-2004 Onine Documents. Inc. Page 11 of 16 P UDEDL 0404 12-13-2004 10r53 BK i 893PG225-5 LOAN /r 647370716 15. Notices. All notices given by Borrower or Lender in connection with this Security instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shaft only report a change of address through that specified procedure. There may be ontyone designated notice address underthis Secxuity Instrumentat anyone time. Any notice to Lender shall be given by defwenng it or by miffing k by first loss mafi to Lender s address stated herein unless Lander has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shad not be deemed to have been given to Lender until ectuaiy received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requrement will satisfy the corresponding requirement under this Security Instrument 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or Implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a proNbition against agreement by contract. In the event that any provision or clause of this Security instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and iclude correspotnding neuter words or words of the feminine gender; (b) words in the singular shall mean and include he plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument 18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 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 intentofwhich is the transferoftitle by Borrower at a tutu re date to a purchaser. If aV or any part of the Property or any Interest in the Property is sold or transferred (or I Borrower Is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent; Lender may require immediate payment in full of all sums secured by this Security Instrument However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide 'a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrowerfails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained initials: PENNSYLYANUI-Single Famify_Fannie MaelFrsddle Mae UNIFORM INSTRUMENT Form 30991!01 m 1999-2004 Online Oowmenta, Inc. Page 12 of 16 PA 0404 12-13-2004 10953 A UKI893PG2256 in this Security Instrument; (b) such other period as Applicable Law might specify 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 be due under this Security Instrument and the Note as it no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited 6, reasonable attorneys' fees, 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 as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one ormore ofthefoliowing forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are Insured by a federal agency, instrumentality or entity or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as 'lf no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sate of Nate; Change of Loan Servlcer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer7 that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. ff there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrowerwill remain with the Loan Servicer or be transferred to a successor Loan Servicer and arelnot assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other patty has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the otherparty (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action cam-be taken, that lime period will be deemed to be reasonable for purposes of this paragraph. The notice of acce leration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21.JHazardoue Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, orwastes by Environmental Lawand the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos orformaldehyde, and radioactive materials; Initialer PENNSYLVANIA-Single Family-Fannlo MsWFreddlo Mac UNIFORM INSTRUMENT Form 30391/01 01922 04 online cocu • Inc. Page 13 of 16 PAU//oewwDL 0309 12-13-2004 10:53 Ha T" BK 1893PG2257' LOAN it 647370716 (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Properly is located that relate to jhealth, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition means acondition that can cause, contribute to, or otherwise triggeran Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b);which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give lender written notice of (a) any investigation, claim, demand, lawsuit or otheriaction by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower teams, or is notified by any govvemmental or regulatory authority,..or any private party, that.any remgval.or other remediatan of any Hazardous Substance affecting the Properly is necessary, Borrower shah promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shad create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. AcceleratRematioa lender shall ghre notice to Borroworprlorto acceleration following Borrower'. breach of any covenant or agreement In thla Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d)thatfallure tocurefhe default as specified may result In acceleration of the sums secured by this Security instrument, foreclosure by judlclal proceeding and sale of the Property. Lender shall further Inform Borrower oftho right to reinstate after acceleration and the right to asseit In the foreclosure proceeding the non-existence of a default or any other defense of Borrowerto acceleration and foreclosure. H tha default le not cured as specified, tender atit. option may require immediate payment in full of all sumasecured bytNs Security Instrumentwtthoutfudher demand and may foreclose tinls Security instrument by judiclat proceeding. Lander shall be entitled to colioct all expenses Incurred In pursuing the remedies provided In this Section 22, Including, but not Ilmited to, attomeys' fees and costa of No 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 Borrowers fee for releasing this Security Instrument, but only -dthe fee is paid to a third parry 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 Initialar PENNSYLVANIA-Single Family-Famde Mae/Fre"o Mac UNIFORM INSTRUMENT Form sale 1101 0 1999.2004 Online Documents. Inc. Page 14 of 16 P W ? 12-13-2004 10x53 r 'r 'yn1{'1'+ fr BK i 893PG2258 i LOAN f: 647370716 present br future laws providing for stay of execution, extension of time, exemption from attachment, levy and, sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided In Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the Interest rate payable aftera judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to tlme under thle Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Securityilnstrument and in any Rider executed by Borrower and recorded with it. ? (Seal) TAMMY NALCK PENNSYLVANIA-Single Family-Fannie Mao/Froddlo Mae UNIFORM INSTRUMENT Form 30391/01 ® 1989-2604 online Documents. Ina Page 15 of 16 PAUDEDL o4m 12-13-2004 10:53 X1 BK 1893PG2259 LOAN #r 647370716 Certificate of Residence I, do hereby certify that the correct address of the within-named Mortgagee is 2600 w. BEAVERiRD., TROY, MICHIGAN 48084 Witness my hand this day of Agent of Mortgagee Commonwealt of PENNSYLVANIA County of UXkMb(°fV_0L 1Ck i on this{ the ` day of 1`Q. N) ' rCJWA before me, LQ?t+et1 t? , the undersigned officer, personally appeared TAMY?iAI.CJC, known to me (or satisfactorily proven) to be the person whose name is are subscribed to the within instrument and acknowledged that he he they executed the same for the purposes therein contained. In witness whereof I hereunto set my hand and officia seal. Hy commission expires: Title of Officer Laur^ 0 Irples. Notary Public S',nwsL:?y Twp.. York Counly Z' ?My Cam: n:._r -:Pm s December 5.2005 catxnCtNaea:r, Tnitials? ?(.JJ' PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391 Arl ®1W9-2004 online oocumema. Inc. Page 16 of 16 PAUDEOL 0404 12-13-2004 1053 1 Certify this to be recorded In Cumberland County PA Recorder of Deeds i B!t i ??3??22?6D . .:w Corlmitment'Number: 2004110037AM' Stewart Title SCHEDULE C PROPERTY DESCRIPTION The land referred to In this Commitment is described as follows: ALL THAT CERTAIN tract of land with the improvements thereon erected, in South Middleton Township, situate in the Village of Boiling Springs, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point, the corner of an alley on Walnut Street; thence by said Alley, South 72 degrees West a distance of 120 feet to a point at line of land formerly of Roy Baschoar, now or formerly of SL John's Evangelical Lutheran church; thence by said land now or formerly of the Church, South 18 degrees East a distance of 26.11 feet, more or less, to line of property formerly of Lawrence L. Diller and wife, later of Howard McGough, now or formerly of Barry L. Duncan and Laura Duncan, his wife; thence along said land now or formerly of Duncan, North 72 degrees East a distance of 120 feet to a point on Walnut Street; thence along Walnut Street North 18 degrees West aldistance of 26.11 feet, more or less, to a point, the Place of BEGINNING. BEING improved with a two and one half story frame dwelling house and garage known and numbered as 105 Walnut Street. Parcel # 40-29-2482-173 ALTA Cam?trnent Schedule C (2004110037AM.PFDl2004110037AW4) BK 1893PG226 I LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, in South Middleton Township, situate in the Village of Boiling Springs, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, the corner of an alley on Walnut Street; thence by said alley, South 72 degrees West a distance of 120 feet to a point at line of land formerly of Roy Basehoar, now or formerly of St. John's Evangelical Lutheran Church; thence by said land now or formerly of the Church, South 18 degrees East a distance of 26.11 feet, more or less, to line of property formerly of Lawrence L. Diller and wife, later of Howard McGough, now or formerly of Barry L. Duncan and Laura Duncan, his wife; thence along said land now or formerly of Duncan, North ?2 degrees East a distance of 120 feet to a point on Walnut Street; thence along Walnut Street, North 18 degrees West a distance of 26.11 feet, more or less, to a point, the Place of BEGINNING. BEING improved with a two and one-half story frame dwelling house and garage known and numbered as 105 Walnut Street. File 4: 156906 BEING the same premises which Hazel H. Brenneman, widow, by deed dated July 18, 1988 and recorded July 19, 1988 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania, in Deed Book 'L', Volume 33, Page 861, granted and conveyed to Charles A. Koch, Jr. and Darlene K. Koch, the Grantors herein. PARCEL ID NO.: 40-29-2482-173 PROPERTY BEING: 105 WALNUT STREET P. O. BOX 86 File #: 156906 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. • QQ,,^^AA ``-- --t k "W Atto ey for Plain r DATE: 3/31 o19 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.seidtnan@fedphe.com Attorney for Plaintiff Citimortgage, Inc. s/b/m to ABN Amro Mortgage Group, Inc. vs. Tammy M. Walck Terry L. Walck Court of Common Pleas Civil Division Cumberland County No. 08-2060 CIVIL TERM MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Terry L. Walck, by first class mail and certified mail to the Defendant's last known address, 153 Cedar Street, Carlisle, PA 17013 and mortgaged premises, 105 Walnut Street, P.O. Box 86, Boiling Springs, PA 17007, posting of the mortgaged premises, 105 Walnut Street, P.O. Box 86, Boiling Springs, PA 17007, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Terry L. Walck, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 105 Walnut Street, P.O. Box 86, Boiling Springs, PA 17007. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as the Defendant does not reside at said address. 2. The Sheriff of Cumberland County attempted to serve the Defendant at the last known address, 153 Cedar Street, Carlisle, PA 17013. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made as there was no response to the attempts made by the deputy. 3. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "B". 4. Plaintiff contacted the Prothontary's Office and as of July 7, 2008, no Judge has previously entered a ruling in this case. 5. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on June 24, 2008 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff s June 24, 2008 letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "C". 6. Plaintiff submits that it has made a good faith effort to locate the Defendant, Terry L. Walck, but has been unable to do so. WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hallinan & Schmieg, LP By: Dame G. Schmieg, Esquire Attorneys for Plaintiff July 7, 2008 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.seidman@fedphe.com Attorney for Plaintiff Citimortgage, Inc. s/b/m to ABN Amro Mortgage Group, Inc. VS. Tammy M. Walck Terry L. Walck Court of Common Pleas Civil Division Cumberland County No. 08-2060 CIVIL TERM MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265,(2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A", the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Phelan Hal ' chmieg, LP By. Dani . So eg, Esquire Attorney for Plaintiff Date: July 7, 2008 Exhibit,,,,A"'I SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-02060 P COMMONTWEALTH OF PENNSYLVANIA , COUNTY OF CUMBERLAND CITIMORTGAGE INC VS WALCK TAMMY M 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 WALCK TERRY L but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , NOT FOUND , as to the within named DEFENDANT WALCK TERRY L 105 WALNUT STREET BOILING SPRINGS, PA 17007 DEFENDANT HAS NOT LIVED THERE FOR 4 YEARS. SERVICE WAS ALSO TRIED AT 153 CEDAR ST CARLISLE. answers- Sheriff's Costs: 7;? Docketing .---? Docketing 6.00 Servi ce 5.00 Not Found 5.00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County .00 26.00 PHELAN HALLINAN SCHMIEG 05/12/2008 Sworn and Subscribed to before me this day of A.D. W e Exhibit "B" FULL SPECTRUM LEGAL SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 156906 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Tammy M. Walck & Terry L. Walck Property Address: 105 Walnut Street, P.O. Box 86, Boiling Springs, PA 17007 Possible Mailing Address: (Terry L. Walck)153 Cedar Street, Carlisle, PA 17013 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following. 1. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Tammy M. Walck - xxx-xx-7500 Terry L. Walck - xxx-xx-7803 B. EMPLOYMENT SEARCH Tammy M. Walck & Terry L. Walck - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Tammy M. Walck reside(s) at: 105 Walnut Street, Boiling Springs, PA 17007 & Terry L. Walck reside(s) at: 153 Cedar Street, Carlisle, PA 17013. II. INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which indicated that Terry L. Walck reside(s) at: 153 Cedar Street, Carlisle, PA 17013, however had no listing for Tammy M. Walck. On 05-24-08 our office made a telephone call to the subject's phone number (717) 243-3732 and received the following information: disconnected. B. On 05-24-08 our office made several telephone calls to the phone number (717) 486-5041 and received the following information: answering machine. On 05-24-08 our office made several telephone calls to the phone number (717) 243-9188 and received the following information: answering machine. 111. INQUIRY OF NEIGHBORS On 05-24-08 our office made several phone calls in an attempt to contact Thomas A. Rorex (717) 245-9484,301 Walnut Street, Boiling Springs, PA 17007: answering machine. On 05-24-08 our office made several phone calls in an attempt to contact Amy L. Santana (717) 218-0850, 307 Walnut Street, Boiling Springs, PA 17007: no answer. On 05-24-08 our office made several phone calls in an attempt to contact Kenneth Fry (717) 249-2467, 308 Walnut Street, Boiling Springs, PA 17007: answering machine. On 05-24-08 our office made a phone call in an attempt to contact Leo F. Gelinas & Audette T. Gelinas (717) 258-6584, P.O. Box 0100, Boiling Springs, PA 17007: spoke with an unidentified female who could not confirm that the subjects reside(s) at 105 Walnut Street, P.O. Box 86, Boiling Springs, PA 17007. On 05-24-08 our office made several phone calls in an attempt to contact Daryl Rabolb (717) 701-6163, P.O. Box 0113, Boiling Springs, PA 17007: no answer. On 05-24-08 our office made several phone calls in an attempt to contact Laura Danko (717) 448-0851, P.O. Box 0116, Boiling Springs, PA 17007: answering machine. On 05-24-08 our office made several phone calls in an attempt to contact Sharon W. Carey (717) 258-3578,145 Cedar Street, Carlisle, PA 17013: no answer. On 05-24-08 our office made a phone call in an attempt to contact Starling T. McDonald & Jeremiah McDonald (717) 254-6893,149 Cedar Street, Carlisle, PA 17013: disconnected. On 05-24-08 our office made a phone call in an attempt to contact John P. Innes & Jessica I. Inns (717) 258- 1285,155 Cedar Street, Carlisle, PA 17013: spoke with an unidentified female who could not confirm that the subjects reside(s) at 153 Cedar Street, Carlisle, PA 17013. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 05-24-08 we reviewed the National Address database and found the following information: Tammy M. Walck - P.O. Box 86, Boiling Springs, PA 17007 & Terry L. Walck -153 Cedar Street, Carlisle, PA 17013. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: (Terry L. Walck) 153 Cedar Street, Carlisle, PA 17013. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Tammy M. Walck & Terry L. Walck. VI. OTHER INQUIRIES A. DEATH RECORDS As of 05-24-08 Vital Records and all public databases have no death record on file for Tammy M. Walck & Terry L. Walck. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Tammy M. Walck & Terry L. Walck residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Tammy M. Walck - 08-18-1974 Terry L. Walck - 05-01-1969 B. A.K.A. Tammy M. Johnson; Tammy J. Bear * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unworn falsification to 6authorit 0 AFFIANT - Brendan Booth Full Spectrum Legal Services, Inc. Sworn to and subscribed before me this 24th day of May, 2008. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND SEAL NOT RI KATHERINE J. TR h aTphNa County City of philadelp Tres my Canmi March 6, 2012 ssion Exp L Hr'.k?i?: ? .4k Exhibit "C" PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.seidman@fedphe.com Jason Seidman, 1394 Service Department Representing Lenders in Pennsylvania and New Jersey June 25, 2008 Terry L. Walck 105 Walnut Street, P.O. Box 86, Boiling Springs, PA 17007 RE: Citimortgage, Inc. s/b/m to ABNAmro Mortgage Group, Inc. vs. Tammy M. Walck and Terry L. Walck Premises Address: 105 Walnut Street, P.O. Box 86, Boiling Springs, PA 17007 Cumberland County, No. 08-2060 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by July 2, 2008. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Seidman For Daniel G. Schmieg, Esquire PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail jason.seidman@fedphe.com Jason Seidman, 1394 Service Department Representing Lenders in Pennsylvania and New Jersey June 25, 2008 Terry L. Walck 153 Cedar Street Carlisle, PA 17013 RE: Citimortgage, Inc. s/b/m to ABNAmro Mortgage Group, Inc. vs. Tammy M. Walck and Terry L. Walck Premises Address: 105 Walnut Street, P.O. Box 86, Boiling Springs, PA 17007 Cumberland County, No. 08-2060 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking concurrence with the requested relief that is, Special Service. Please respond to me within one week, by July 2, 2008. Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very truly yours, Jason Seidman For Daniel G. Schmieg, Esquire IA £o ?B «(Ioodc ojogLZOOOO soon sz 4nr w? zo o0Z'ZU s .• i v c ?,, •n O v?'i o u Alk a bD ? 5 M ?. u .4 ono d v $ 0e a ' ai a W M at ago OZI. r4 a. a 00 ? r- v '^ N ? ti" u •s.. d ? O N V4 t •a VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unworn falsification to authorities. Respectfully submitted, Phelan Hallin Schmieg, LP By: Daniel 67'eg, Esqui'q Attorney for Plaintiff July 7, 2008 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 jason.seidman@fedphe.com Attorney for Plaintiff Citimortgage, Inc. s/b/m to ABN Court of Common Pleas Amro Mortgage Group, Inc. Civil Division VS. Cumberland County No. 08-2060 CIVIL TERM Tammy M. Walck Terry L. Walck CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individual as indicated below by first class mail, postage prepaid, on the date listed below. Terry L. Walck: 105 Walnut Street, P.O. Box 86, Boiling Springs, PA 17007 153 Cedar Street, Carlisle, PA 17013 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By Date: July 7, 2008 Cc: Tammy M. Walck Attorney for Plaintiff C) G ? 1' c ?._- ? { ?? ?? y ry , _ ? ..A t ?? ?? u= PHELAN HALLINAN & SCHMIEG, LLP One Penn Center at Suburban Station Suite 1400 Philadelphia, PA 19103-1814 Phone: 215-563-7000 Fax: 215-563-7009 Email: jason.seidman@fedphe.com Jason Seidman, Ext 1394 July 7, 2008 Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Representing Lenders in Pennsylvania and New Jersey Re: Citimortgage, Inc. s/b/m to ABN Amro Mortgage Group, Inc. vs. Tammy M. Walck and Terry L. Walck Cumberland County, No. 08-2060 CIVIL TERM Dear Sir or Madam: Enclosed for filing and transmittal to the assigned Civil Signing Judge for execution, please find Plaintiff's Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits. Kindly return a time-stamped copy in the enclosed self-addressed stamped envelope. If, for any reason, this Order and Petition will not be sent immediately to a Judge for consideration, please contact the undersigned. Also, find attached a copy of the Order granting alternative service, which should be signed by the Judge. Please return this signed Order in the attached stamped self- addressed envelope. Thank ir your courte and consideration. V t urs Jas S f , Hallinan & Schmieg LLP Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563_7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff VS. TAMMY M. WALCK TERRY L. WALCK Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY : No. 08-2060 CIVIL TERM Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: June 2492009 P AN LIN C G, LLP By FRANCIS S. HALLINAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jcs, Svc Dept. File# 156906 C3 G e »a lit, eft ?" n b '- 3 'JUL 10 2008 IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Citimortgage, Inc. s/b/m to ABN Amro Mortgage Group, Inc. VS. Tammy M. Walck Terry L. Walck Civil Division No. 08-2060 CIVIL TERM ORDER AND NOW, this r day of 2008, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Terry L. Walck, by: 1. Posting of the premises: 105 Walnut Street, P.O. Box 86, Boiling Springs, PA 17007. 2. First class mail to Terry L. Walck at the last known address, 153 Cedar Street, Carlisle, PA 17013, and the mortgaged premises located at 105 Walnut Street, P.O. Box 86, Boiling Springs, PA 17007; and 3. Certified mail to Terry L. Walck at the last known address, 153 Cedar Street, Carlisle, PA 17013 and the mortgaged premises located at 105 Walnut Street, P.O. Box 86, Boiling Springs, PA 17007; and 4. Publication in accordance with PA. R.C.P. 430. B HE C Cc" Terry L. Walck 105 Walnut Street, P.O. Box 86 J. Boiling Springs, PA 17007 `/Terry L. Walck 153 Cedar Street Carlisle, PA 17013 eoAi es ?r,.zi tel. I 7?/Y/Ofd IN:ld s 1 :$ wv ? 1 inr soaz AdVI N Lmod 3H1 d0 PHELAN HALL] By: Lawrence T. Francis S. Ha Daniel G. SO One Penn Center Philadelphia, PA 1AN & SCHMIEG LLP 'helan, Esq., Id. No. 32227 linan, Esq., Id. No. 62695 nieg, Esq., Id. No. 62205 'laza, Suite 1400 19103 `ATTORNEY FOR PLAINTIFF CITIMORTGAG , INC. S/B/M TO ABN AMRO MORTG GE GROUP, INC. COURT OF COMMON PLEAS Plaintiff VS. : CIVIL DIVISION TAMMY M. W CK TERRY L. WALK CUMBERLAND COUNTY Defendants NO. 08-2060-CIVIL TERM AFFIDAVIT OF SERVICE OF COMPLAINT BY MATT, PURSUANT TO COURT ORDER I hereby ?ertify that a true and correct copy of the Civil Action Complaint in Mortgage Foreclosure in the above captioned matter was sent by regular and certified mail, return receipt requested, to the following person, TERRY L. WALCK, at 105 WALNUT STREET, P.O. BOX 86, BOILING SPRINGS, PA 17007 AND 153 CEDAR STREET, CARLISLE, PA 17013 on A TIN 220 200R,'4n accordance with the Order of Court dated JULY 11, 2008. The undersigned understands that 'this statement is made subject to the penalties of 18 Pa. C. S. §4904 relating to unsworn falsification to authorities. Date: 72 CIS S. HALLINAN, ESQUIRE Attorney for Plaintiff ? ?, ? ? i)Y.= ' ' , ? ; •- ?' ? i- ) d`,? tom ' ? ? -'t r Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 15_563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff vs. TAMMY M. WALCK TERRY L. WALCK Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION : CUMBERLAND COUNTY No. 08-2060 CIVIL TERM Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. Date: my 22, 2009 PEEL HALLMAN & SCHMIEG, LLP B FRANCIS S. HALLMAN, ESQUIRE LAWRENCE T. PHELAN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE Attorneys for Plaintiff /jjn, Svc Dept. File# 156906 -??' a ? ? 6' 9} ? '? r.. ("} ;' s?? ?..- .?:? -;-s ? ? ? ? ?} ??..i C.' { ?,1- ? ' 7 z _ .:??; ? - _ ?? ?? ?t O ? SHERIFF'S RETURN - REGULAR CASE NO: 2008-02060 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIMORTGAGE INC VS WALCK TAMMY M ET AL RONALD E HOOVER , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WALCK TERRY L the DEFENDANT , at 0012:32 HOURS, on the 28th day of July 2008 at 105 WALNUT STREET BOILING SPRINGS, PA 17007 POSTED PER COURT ORDER @ 105 by handing to WALNUT ST FOR TERRY WALCK a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing 18.00 Service 5.00 Affidavit .00 Surcharge 10.00 Posting 6.00 ,i'D1/0f 7r" V 39.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 07/29/2008 PHELAN HALLINAN & SCHMIEG By: Deputy Sh riff of A. D. V S qr Phelan Hallinan & Schmieg, LLP By: Lawrence T. Phelan, Esq., Id. No. 32227 ATTORNEY FOR PLAINTIFF Francis S. Hallinan, Esq., Id. No. 62695 Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center Plaza, Suite 1400 Philadelphia, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. S/B/M TO ABN Court Of Common Pleas AMRO MORTGAGE GROUP, INC. Civil Division VS. TAMMY M. WALCK CUMBERLAND County TERRY L. WALCK : No. 08-2060-CIVIL TERM AFFMAVTT OF SERVICE. BY PT TRI JCATION IN ACCORDANCE WITH COT TRT ORDER I hereby certify that service of the Civil Action Complaint in Mortgage Foreclosure was made in accordance with the Court Order dated JULY 11, 2008 as indicated below: By publication as provided by Pa. R.C.P. Rule 430(b)(1) in THF. SF.NTTNF.T, on 7I Tf .Y 25, 2009 and CT TMRFRT.ANT) LAW TOT TRNAT, on AT TCTT TST 1, 2.0.0.8. Proofs of the said publications are attached hereto. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. l^ 5, fil /) Francis S. Hallinan, Esquire Date: August 11, 2008 Jason Seidman Service Dept. State of Pennsylvania, County of Cumberland PROOF OF PUBLICATION Erica Peterson, Classified Manager, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): Tuly 25, 2008 COPY OF NOTICE OF PUBLICATION +t Y YBosP Affiant further deposes that he/she is not z VcoMM©N pit, !?v f interested in the subject matter of the v.. CIVIL ION aforesaid notice or advertisement, and that ?lr all allegations in the foregoing statement f od Leo crwi raM as to time, place and character of publication are true. ,? r4. i?rwl?uc. { ?? R74A(3? IN?G'. $1?7M Sworn to and subscribed before me this 28th day of July, 2008. plelnk ENi a be?r!o 2b entered against you. Notary Public My commission expires: ?.. G Y?pa ? Ei* ??l PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, Viz August 1, 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. C-- Marie Coyne, SWORN TO AND SUBSCRIBED before me this 1-day of August, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORECLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 08-2060 CIVIL TERM CITIMORTGAGE, INC. s/b/m TO ABN AMRO MORTGAGE GROUP, INC. VS. TAMMY M. WALCK TERRY L. WALCK NOTICE TO TERRY L. WALCK: You are hereby notified that on APRIL 1, 2008, Plaintiff, CITI- MORTGAGE, INC. s/b/m TO ABN AMRO MORTGAGE GROUP, INC., filed a Mortgage Foreclosure Com- plaint endorsed with a Notice to Defend, against you in the Court of Common Pleas of CUMBERLAND County Pennsylvania, docketed to No. 08-2060-CIVIL TERM. Wherein Plaintiff seeks to foreclose on the mortgage secured on your property located at 105 WALNUT STREET, P.O. BOX 86, BOILING SPRINGS, PA 17007 whereupon your property would be sold by the Sheriff of CUM- BERLAND County. You are hereby notified to plead to the above referenced Complaint on or before 20 days from the date of this publication or a Judgment will be entered against you. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections in writing with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMA- TION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A RE- DUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (800) 990-9108 Aug. 1 5 ? ?a f ? ? ? ?` ?'-? - ?..; ?? ? _ -? • v r - _?"? ? ??) ? r ( ! '?{ ? ^? -,.: •'? .,? PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 Attorney for Plaintiff ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS 1011 FREDERICK, MD 21703 V. Plaintiff, TAMMY M. WALCK 105 WALNUT STREET P.O. BOX 86 BOILING SPRINGS, PA 17007 TERRY L. WALCK 105 WALNUT STREET P.O. BOX 86 BOILING SPRINGS, PA 17007 CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2060 CIVIL TERM Defendant(s). PRAECIPE FOR IN REM JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES TO THE PROTHONOTARY: Kindly enter an in rem judgment in favor of the Plaintiff and against TAMMY M. WALCK and TERRY L. WALCK, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $109,697.71 Interest from 04/01/2008 to 09/10/2008 $2,638.97 TOTAL $112,336.68 I hereby certify that (1) the addresses of the Plaintiff and Defendant(s) are as shown above, and (2) that notice has been given in accordance with Rule 237.1, copy attached. i ? DANIEL G. CHMIE ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: P O PR 156906 PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CTTIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DTVISON Plaintiff NO. 08-2060 CIVIL TERM V. CUMBERLAND COUNTY TAMMY M. WALCK, TERRY L. WALCK Defendant(s) TO: TAMMY M. WALCK, F/K/A TAMMY M. BEAR 105 WALNUT STREET, P.O. BOX 86 BOILING SPRINGS, PA 17007 DATE OF NOTICE: August 22, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 a 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 Cumberland County Bar Association 32 South Bedford Street Carlisle, PA J 7013 (717) 24,=3166 Assistant PHS # 156906 PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. TAMMY M. WALCK, TERRY L. WALCK TO: TERRY L. WALCK Defendant(s) 105 WALNUT STREET, P.O. BOX 86 BOILING SPRINGS, PA 17007 DATE OF NOTICE: August 22, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 a 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-2060 CIVIL TERM CUMBERLAND COUNTY Cumberland County Bar Association 32 South Bedford Street Carlisle, 17013 (717 49-3166 Assistant PHS # 156906 PHELAN HALLINAN & SCHMIEG, LLP By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff V. TAMMY M. WALCK, TERRY L. WALCK TO: TERRY L. WALCK 153 CEDAR STREET CARLISLE, PA 17013 Defendant(s) DATE OF NOTICE: August 22, 2008 THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. 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 a 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: Office of the Prothonotary Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 (717) 240-6195 ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISON NO. 08-2060 CIVIL TERM CUMBERLAND COUNTY Cumberland County Bar sociati 32 South Bedf Street CarlisleW49-3 17013 (71 166 Assistant PHS # 156906 PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS 1011 V. Plaintiff, TAMMY M. WALCK TERRY L. WALCK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2060 CIVIL TERM VERIFICATION-.OF NON-MILITARY SERVICE DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that on information and belief, he has knowledge of the following facts, to wit: (a) that the defendant(s) is/are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940, as amended. (b) that defendant TAMMY M. WALCK is over 18 years of age and resides at, 105 WALNUT STREET P.O. BOX 86, BOILING SPRINGS, PA 17007. (c) that defendant TERRY L. WALCK is over 18 years of age, and resides at, 105 WALNUT STREET P.O. BOX 86, BOILING SPRINGS, PA 17007. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHM , ESQUIRE Attorney for P aintiff GQ Cy O s rn Ali 600 Y' -o oa is a (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. 5280 CORPORATE DRIVE MS 1011 V. Plaintiff, TAMMY M. WALCK TERRY L. WALCK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2060 CIVIL TERM Notice is given that a Judgment in the above-captioned matter has been entered against you on ?ia? It 2008 . --r By: If you have any questions concerning this matter, please contact: DANIEL C. SCHMIE , ESQUIRE Attorney for Plainti ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY." w (800) 990-9108 PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. No. 08-2060 CIVIL TERM TAMMY M. WALCK TERRY L. WALCK Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 09/11/2008-03/04/2009 (per diem -$18.47) Add' l Costs TOTAL $112,336.68 --- $3,232.25 and Costs $115,568.93 DANIEL G. SCHMIEG, ESQU One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 156906 r r °c r ? dd as rhA T^ Vl ?V•y/J zz as L7 C7 zz as 0 z 0 a°a °? d> 00 cb, zz ? ? °' pq pq ? CW 0 UV W 00 ?a ?a ?a w? •? as °' ? UW ,"3 H c .a. ?? ? o Uz ?G7 IJ P?w w° zz ;To 40 V) 00 4) g 43 0? a a? Oa E ? U U p., w 3 o rn ,x ~ lkcn ; W ?a?? ?`3 zap R3 23 r PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. TAMMY M. WALCK TERRY L. WALCK Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2060 CIVIL TERM CERTIFICATION DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in the above-captioned matter, and that the premises are not subject to the provisions of Act 91 because it is: () an FHA mortgage ( ) non-owner occupied ( ) vacant (X) Act 91 procedures have been fulfilled This certification is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff ?r!t?"` to ??y` 'rte` -.,.' ' ' V ? 'rr _. "? V ? y -?+?..? ^f" i. .w ?? `' ? ? .? t?"1 ?.:?= tm «.C t'* ? ? 'CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. TAMMY M. WALCK TERRY L. WALCK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2060 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. 1) CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,105 WALNUT P.O. BOX 86, BOILING SPRINGS, PA 17007. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TAMMY M. WALCK TERRY L. WALCK 105 WALNUT P.O. BOX 86 BOILING SPRINGS, PA 17007 105 WALNUT P.O. BOX 86 BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BENEFICIAL CONSUMER DISCOUNT COMPANY, DBA, BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA 419 VILLAGE DRIVE, SUITE 2, CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 105 WALNUT P.O. BOX 86 BOILING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities September 15, 2008 DATE 4)5 )?. DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff ?i cn I-C t.- CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. TAMMY M. WALCK TERRY L. WALCK Defendant(s). CUMBERLAND COUNTY No. 08-2060 CIVIL TERM September 15, 2008 TO: TAMMY M. WALCK 105 WALNUT P.O. BOX 86 BOILING SPRINGS, PA 17007 TERRY L. WALCK 105 WALNUT P.O. BOX 86 BOILING SPRINGS, PA 17007 **THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 105 WALNUT P .O. BOX 86, BOILING SPRINGS, PA 17007, is scheduled to be sold at the Sheriff s Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $112,336.68 obtained by CITIMORTGAGE, INC SB/M TO ABN AMRO MORTGAGE GROUP, INC. (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: 1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. y You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of 'distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriffs Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, in South Middleton Township, situate in the Village of Boiling Springs, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, the corner of an alley on Walnut Street; thence by said alley, South 72 degrees West a distance of 120 feet to a point at line of land formerly of Roy Basehoar, now or formerly of St. John's Evangelical Lutheran Church; thence by said land now or formerly of the Church, South 18 degrees East a distance of 26.11 feet, more or less, to line of property formerly of Lawrence L. Diller and wife, later of Howard McGough, now or formerly of Barry L. Duncan and Laura Duncan, his wife; thence along said land now or formerly of Duncan, North 72 degrees East a distance of 120 feet to a point on Walnut Street; thence along Walnut Street, North 18 degrees West a distance of 26.11 feet, more or less, to a point, the Place of BEGINNING. BEING improved with a two and one-half story frame dwelling house and garage known and numbered as 105 Walnut Street. BEING THE SAME PREMISES VESTED IN Terry Walck and Tammy Walck, husband and wife, by Deed from Charles A. Koch, Jr. and Darlene K. Koch, husband and wife, dated 02/23/2001, recorded 02/27/2001, in Deed Book 240, page 22. PREMISES BEING: 105 WALNUT P.O. BOX 86, BOILING SPRINGS, PA 17007 PARCEL NO. 40-29-2482-173 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-2060 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC S/B/M TO ABN AMRO MORTGAGE GROUP INC Plaintiff (s) From TAMMY M WALCK TERRY L WALCK (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 gamishee(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 $ 112,336.68 L.L.$0.50 Interest FROM 9/11/2008 - 3/04/2009 (PER DIEM - $18.47) $3,232.25 Atty's Comm % Atty Paid $238.00 Plaintiff Paid Date: SEPTEMBER 16, 2008 Due Prothy $2.00 Other Costs Curtis R'Long Pro (Seal) REQUESTING PARTY: Name DANIEL G SCHMIEG ESQ Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF By: Deputy Telephone: (215) 563-7000 Supreme Court ID No. 62205 PHELAN, HALLINAN & SCHMIEG, LLP By: Daniel G. Schmieg, Esquire Identification No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Ste. 1400 Philadelphia, PA 19104-1814 CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS. TAMMY M. WALCK TERRY L. WALCK Attorney for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION No. 08-2060 CIVIL TERM SUGGESTION OF RECORD CHANGE RE: CORRECTION OF DEFENDANT'S NAME TO THE PROTHONOTARY: Daniel G. Schmieg, Esquire, attorney for the Plaintiff, hereby certifies that, to the best of his knowledge, information and belief that the defendant's name was erroneously listed in the caption as: TAMMY M. WALCK TERRY L. WALCK Kindly change the information on the docket to read as follows: TAMMY M. WALCK A/K/A TAMMY WALCK TERRY L. WALCK A/K/A TERRY WALCK Date: February 2, 2009 aniel G. Schmieg Attorney for Plaintiff nn CNI cr, c 4 4 -- -% J CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. VS. TAMMY M. WALCK A/K/A TAMMY WALCK TERRY L. WALCK A/K/A TERRY WALCK : CUMBERLAND COUNTY : COURT OF COMMON PLEAS : CIVIL DIVISION NO. 08-2060 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND ) SS: I, DANIEL G. SCHMIEG, ESQUIRE attorney for CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. hereby verify that true and correct copies of the Notice of Sheriffs sale were served by certificate of mailing to the recorded lienholders, and any known interested party see Exhibit "A" attached hereto. DANIEL G. SCHMIEG, Attorney for Plaintiff DATE: February 2, 2009 ! -. A w W w 0 0 O CIO PN o yy?V? p Cd 9 xUw. 0 £016 4 3000&Z WON-A 0311tlW y 800Z bZ d3S 0 WS LZ6000 OOL'ZO $ 1N4 Z0 53/Y108 A3Nlld ®? Z 0 ?dyy I O .m o 0 U a w e 9 w 0 0 z N ?o ?WO ?Aa 5 z d h a H3 .. 0 Zd0 a N d .' O YN f-+ OM ? W O O N w NC z ,a ? waO?W U>a IFAMO Gn U ?aN A N ° 60 C4 0 Q ? ? C14 (? O A w?a0 O 0000 a a 1.2 E A5 C; ch TM4 co u s:w vi en Iv - Igo It- , u "a 8 0 u .? y a a. Rg .? O C y u vi°n:a E c y ? 9 ? L 8 88 V C V u ? U O O V ,$ ? u T 3 a e ?? Gv N 0 X y y W Y 'O E W b 7 ,tV? O q t-? OVO L h ? V op?. C 0 V+ V C W E N C 10- O o O e N W Q ? _coua V ? uag 0 V a Iz- a t a U aT 00 Q? ^ N M et H i? s a r-= C? c o d. a COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND }SS: q -ZIOD I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which FEDERAL HOME MTG CORP is the grantee the same having been sold to said grantee on the 10TH day of JUNE A.D., 2009, under and by virtue of a writ Execution issued on the 16TH day of SEPT, A.D., 202008, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 2060, at the suit of CITIMORTGAGE INC against TAMMY M WALCK & TERRY L is duly recorded as Instrument Number 200923831. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of A.D. ? n C of Deeds R,2ccrdx at D. Jda, Wnbaruid County, Cam, PA My Com?pis w E #0 MW Mw4q d JWL 2010 Citimortgage, Inc. s/b/m to ABN Amro Mortgage Group, Inc. VS Tammy M. Walck and Terry L Walck In The Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-2060 Civil Term Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 8, 2009 at 1732 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Tammy M. Walck and Terry L Walck, by making known unto Tammy M. Walck personally and wife of Terry L Walck, at 765 South West Street (CVS Pharmacy), Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on January 8, 2009 at 2050 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendants, to wit: Tammy M. Walck and Terry L Walck, by making known unto Terry L Walck personally and husband of Tammy L Walck, at 223 Plaza Drive, Boiling Springs, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Michael Barrick, Deputy Sheriff, who being duly sworn according to law, states that on January 13, 2009 at 1733 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 Tammy M. Walck and Terry L Walck, located at 105 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: Tammy M. Walck and Terry L Walck, by regular mail to their last known address of 105 Walnut Street, Boiling Springs, PA 17007. These letters were mailed under the date of January 9, 2009 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 June 10, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Daniel Schmieg, on behalf of Federal Home Loan Mortgage Corporation, of, 5000 Plano Parkway, Carrollton, TX 75010, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 1,076.93 Sheriff s Costs: Docketing 30.00 Poundage 21.12 Posting Bills 15.00 Advertising 15.00 Acknowledging Deed 48.00 Auctioneer 10.00 Law Library .50 Prothonotary 2.00 Milage 27.00 Levy 15.00 Surcharge 30.00 Post Pone Sale 40.00 Law Journal 355.00 Patriot News 378.29 Share of Bills 15.52 Distribution of Proceeds 25.00 Sheriff's Deed 49.50 1,076.93 So Answers, R. Thomas Kline, mien By C144m? 2:&U Real Estate Coordinator ?'7/io1 o g C7 n --(n Cv. t' rte'" W L99 Pte, _7a7Pgf CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. TAMMY M. WALCK TERRY L. WALCK Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-2060 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) CITIMORTGAGE, INC. S/B/M TO ABN AMRO MORTGAGE GROUP, INC., Plaintiff in the above action, by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at ,105 WALNUT P.O. BOX 86, BOILING SPRINGS, PA 17007. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) TAMMY M. WALCK TERRY L. WALCK 105 WALNUT P.O. BOX 86 BOILING SPRINGS, PA 17007 105 WALNUT P.O. BOX 86 BOILING SPRINGS, PA 17007 2. Name and address of Defendant(s) in the judgment: Same as above 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 4. Name and address of last recorded holder of every mortgage of record: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) BENEFICIAL CONSUMER DISCOUNT COMPANY, DBA, BENEFICIAL MORTGAGE COMPANY OF PENNSYLVANIA 419 VILLAGE DRIVE, SUITE 2, CARLISLE, PA 17013 5. Name and address of every other person who has any record lien on the property: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 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. Name Last Known Address (if address cannot be reasonably ascertained, please indicate) None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Last Known Address (if address cannot be reasonably ascertained, please indicate) Tenant/Occupant Domestic Relations of Cumberland County Commonwealth of Pennsylvania Department of Welfare Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Internal Revenue Service Federated Investors Tower Department of Public Welfare TPL Casualty Unit Estate Recovery Program 105 WALNUT P.O. BOX 86 BOILING SPRINGS, PA 17007 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13th Floor, Suite 1300 1001 Liberty Avenue Pittsburgh, PA 15222 P.O. Box 8486 Willow Oak Building Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities September 15, 2008 DATE t DANIEL G. SCHMIEG, ES IRE Attorney for Plaintiff CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC. Plaintiff, V. TAMMY M. WALCK TERRY L. WALCK Defendant(s). CUMBERLAND COUNTY No. 08-2060 CIVIL TERM September 15, 2008 TO: TAMMY M. WALCK 105 WALNUT P.O. BOX 86 BOILING SPRINGS, PA 17007 TERRY L. WALCK 105 WALNUT P.O. BOX 86 BOILING SPRINGS, PA 17007 "THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA ITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. Your house (real estate) at, 105 WALNUT P.O. BOX 86, BOILING SPRINGS, PA 17007, is scheduled to be sold at the Sheriff s Sale on MARCH 4, 2009 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $112,336.68 obtained by CITIMORTGAGE, INC. SB/M TO ABN AMRO MORTGAGE GROUP, INC (the mortgagee) against you. In the event the sale is continued, an announcement will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale, you must take immediate action: The sale will be cancelled if you pay to the mortgagee the back payments, late charges, costs and reasonable attorney's fees due. To find out how much you must pay, you may call: (215) 563-7000. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (215) 563-7000. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened, you may call (717) 240-6390. 4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have the right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the distribution is filed. 7. You may also have other rights and defenses, or ways of getting your home back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. CUMBERLAND COUNTY ATTORNEY REFERRAL CUMBERLAND COUNTY BAR ASSOCIATION 2 LIBERTY AVENUE CUMBERLAND COUNTY COURTHOUSE CARLISLE, PA 17013 (717) 249-3166 LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, in South Middffieton Township, situate in the Village of Boiling Springs, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point, the corner of an alley on Walnut Street; thence by said alley, South 72 degrees West a distance of 120 feet to a point at line of land formerly of Roy Basehoar, now or formerly of St. John's Evangelical Lutheran Church; thence by said land now or formerly of the Church, South 18 degrees East a distance of 26.11 feet, more or less, to line of property formerly of Lawrence L. Diller and wife, later of Howard McGough, now or formerly of Barry L. Duncan and Laura Duncan, his wife; thence along said land now or formerly of Duncan, North 72 degrees East a distance of 120 feet to a point on Walnut Street; thence along Walnut Street, North 18 degrees West a distance of 26.11 feet, more or less, to a point, the Place of BEGINNING. BEING improved with a two and one-half story frame dwelling house and garage known and numbered as 105 Walnut Street. BEING THE SAME PREMISES VESTED IN Terry Walck and Tammy Walck, husband and wife, by Deed from Charles A. Koch, Jr. and Darlene K. Koch, husband and wife, dated 02/23/2001, recorded 02/27/2001, in Deed Book 240, page 22. PREMISES BEING: 105 WALNUT P.O. BOX 86, BOILING SPRINGS, PA 17007 PARCEL NO. 40-29-2482-173 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N008-2060 Civil ,00UNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIMORTGAGE INC SB/M TO ABN AMRO MORTGAGE GROUP INC Plaintiff (s) From TAMMY M WALCK TERRY L WALCK (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 $ 112,336.68 L.L.$0.50 Interest FROM 9/11/2008 - 3/04/2009 (PER DIEM - $18.47) $3,232.25 Atty's Comm % Due Prothy $2.00 Atty Paid $238.00 Plaintiff Paid Other Costs Date: SEPTEMBER 16, 2008 (Seal) REQUESTING PARTY: ,,5, ??71624 Curti . Long, Pr o ary By: Name DANIEL G SCHMIEG ESQ Address: ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Deputy Attorney for: PLAINTIFF Telephone: (215) 563-7000 Supreme Court ID No. 62205 Real Estate Sale #13 On October 30, 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 105 Walnut St., Boiling Springs more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 30, 2008 By: Real E ate ergeant The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE the Patr1*otAvXews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss 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: L t'E`$ALE iwlQ 13 ?_ ?. 01 /21 /09 a A,dtr TaaWW NL //haft and TOM L 1Na" LE&A1L1h110N ` ALL THO CHCfA& ow(of lead with the bVMV 0b ffier -f*CkdL it South V.Wetua ; s kiw in me Ymw of, Boiling Sptm6s, Carty, of Ctunh rW and Coiamonwa t -, of - ` -n- pt> y bmuded,W bescnW as follows, to &, Bgapeam a'a poK Poe coi)a of as alky Walsa 1 .by said a", South 72 deg= We s. ,126JI to a point A 6" JA*df"" of`Boy» 1 or facmwy or- SL kite's By al twau Chu* tlra wwy said WO dow off m* of the OurcS; So* It deem 6" distbe of 26.11 ti!K more of kst, to lil* of ropaty focmetlyof Lavvreocc L. fh7kr aed vv?e, lateF et" iwLaiy ruuiw ruary, 2009 A.D. COMMONWEALTH OF PENNSYLVANIA Notariai :Seal Sherrie L. Kisner, Notary Public City Of Harrisburg; Dauphin county Convrrisw Expires Nov, 28.2011 Member, Pennsylvania Assoclatton of Hoboes 01/28/09 02/04/09 0 it&Go* Harr athwmdj d? L BMW* af! to& a t; Ng =_*w s?ie nor ai *only.ettmew North7Z4W;es -&t ceof ,26fattoa point on 61MA Streak 6eace akmg WS Strut; Natdt 18 degrees West a 6obe of 26.11 feet mm or kss, to s point, the Me of, SBONOW. 'BIMNG.k*qrwied with a two and one b&,story ftw"dwiWq Bogie ad gataga-bmR aad nambmedas 105WOFWSOC& BE&G THE Skbffi Pk4aM-VMW IN `$ny WmUc aad ' kmmy WaW hnsbmd and **, by I)aetr ftom (1"`A. Koch; A and DS40e Llvch, baetitmd and vik 4",O 1 23lm1, tko*d 8? MC, is Dead `Boast 2T :.- b@7? 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: January 30, February 6, and February 13, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. is Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 13 day of Februa 13 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL ESTATE BALE NO. 13 Writ No. 2008-2060 Civil Citimortgage Inc. s/b/m to ABN AMRO Mortgage Group, Inc. VS. Tammy M. Walck and Terry L. Walck Atty.: Daniel Schmieg LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected, in South Middleton Town- ship, situate in the Village of Boiling Springs, County of Cumberland and Commonwealth of Pennsylvania, more particularly bounded and de- scribed as follows, to wit: BEGINNING at a point, the corner of an alley on Walnut Street; thence by said alley, South 72 degrees West a distance of 120 feet to a point at line of land formerly of Roy Basehoar, now or formerly of St. John's Evangelical Lutheran Church; thence by said land now or formerly of the Church, South 18 degrees East a distance of 26.11 feet, more or less, to line of property formerly of Lawrence L. Diller and wife, later of Howard McGough, now or formerly of Barry L. Duncan and Laura Duncan, his wife; thence along said land now or formerly of Duncan, North 72 degrees East a distance of 120 feet to a point on Walnut Street; thence along Wal- nut Street, North 18 degrees West a distance of 26.11 feet, more or less, to a point, the Place of BEGINNING. BEING improved with a two and one-half story frame dwelling house and garage known and numbered as 105 Walnut Street. BEING THE SAME PREMISES VESTED IN Terry Walck and Tammy Walck, husband and wife, by Deed from Charles A. Koch, Jr. and Darlene K. Koch, husband and wife, dated 02/23/2001, recorded 02/27/2001, in Deed Book 240, page 22. PREMISES BEING: 105 WALNUT P.O. BOX 86, BOILING SPRINGS, PA 17007. PARCEL NO. 40-29-2482-173.