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HomeMy WebLinkAbout08-3182PHELAN 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 LAUREN R. TABAS, ESQ., Id. No. 93337 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 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 178152 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff v. SCOTT WIEST A/K/A SCOTT A. WIEST 7413 WERTZVILLE ROAD CARLISLE, PA 17015 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 08 - 31801 Civi l Tar k CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 178152 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 #: 178152 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 #: 178152 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 #: 178152 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: SCOTT WIEST A/K/A SCOTT A. WIEST 7413 WERTZVILLE ROAD CARLISLE, PA 17015 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/14/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to OAK STREET MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1881, Page 4409. By Assignment of Mortgage recorded DATE the mortgage was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., which Assignment is recorded in Assignment of Mortgage Book No. 732, Page 196. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 01/01/2008 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 #: 178152 6. The following amounts are due on the mortgage: Principal Balance $104,905.85 Interest $2,841.92 12/01/2007 through 05/15/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $130.12 09/14/2004 to 05/15/2008 Cost of Suit and Title Search $550.00 Subtotal $109,677.89 Escrow Credit ($130.14) Deficit $0.00 Subtotal 130.14 TOTAL $109,547.75 7 8. 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 #: 178152 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 $109,547.75, together with interest from 05/15/2008 at the rate of $17.12 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. PHELAN HALLINAN & SCHMIEG, LLP By: REN E T. PH AN, ESQUIRE tRANCIS S . HALL AN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 178152 05/02/2008 21:44 7176957006 J.CONRAD ROBERT P. ZiEQL£R T, CORDER OF DEEDS 1084 SEP 24 fin 9 99 Recording RequaaW by a, When Racorded Rtttlm To. US Rooordfigis, inc. 2926 Country Ddw Ste 201 SL Paul, MN 65117 - 7 S/S/ys lasurAbum T16 Use Fsr asserdlaj paarl MORTGAGE peA 0 K-k DEF1 TIONS Words used in multiple sections of this document are defined below ad ounce words are detlned in Sectim 3, 11, 13, 12, 20 mtd 21. Certain -lea regrading the usage of -*t& sated in this document ere also provided in Section 16. (A) "Seearky, lmtrumarer means, this dorxm mt, which is dated Soptenlbw 14, 2004 togetber whh all Riders to this document. (B) unorraw ra is SCOTT WEIST, AN UNMARRIED MAN Sonower is the mortgagor under this Security Irmuti mimt. (C) •Leodew° is Ook tltbvet Mai p tge, Inc. Leader is a CORPORATK* oaf and existing under the taws of DELAWARE Lender's address is 11696 N. MERIDIAN ST.. t3UrM 400. CARMIEL. W 46032 . Lender is the rnm%agee under this 8e09u$y lasttur ,.L (D) 'Note" meals the ptmntasoty note signed by Borrower and dated SOMMber 14. 2064 The Note states that Borrower owes Lander CWW Nalrrlr 0d Ten Thws and and notion Dollars (t1.$_ $110,000.00 ) plus k t mt. Borrower has promised to pay this debt in regular Periodic ftne ft and to pay the debt in NO sot later than October 01, 2034 (1) "Propsrty" means the psopeny that is dmcn'bed below under the heading "Transfor of Rights in the Praperty.^ (F) "Loan" means the debt evidenced by the Notes, plus Interest, ay prcpsymo01 charges and we amen due corder the Note, wA all swu due under this serenity lasenmwM plus bwft-"L (C) "1114ets" meets all Hiders to this SeMOY hr:tmment that are executed by Borrower. The following Riders are to be executed by Borrower [theck box as applioab I ? Adjustable Rate Rider 0 Condominium Rider ? Second Home Rider ? Balloon hider ? planned Unit Development Rider ? Other(s) (specify) ? IA Family Rider ? Biweddy payment hider PENNSYLVANIA--Sir 0c Faaily-Faaait h%TfFrtd4k %K LryiFORM ItYSMMVtr Foft"Ipl nEN fo6au, prtpsl fPage 4Il6Paar{1 To ourW raossn. M BR 1881PG4409 0 ow I ? PAGE 17/41 .;; YqW.? .0 0 .(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 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 "Electronic Funds Transfer" means any transfer of funds, other.than a transaction originated by check, drain or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (K) "Escrow Items" means those items that are described in Section 3. (L) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (1) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. . (M) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (N) "Periodic Payment" means the regularly scheduled amount dua for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 ofthis Security Instrument. (O) °RESPA" means the Real Estate. Settlement Procedures Act (12 U.S.C. §2601 et 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 loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA, (P) "Successor in Interest of Borrower" means any patty 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. PENNSYLVANIA-Single Family-Fannic Mae/Frcddic Mac UNIFORM INSTRUMENT ITEM 19601,2 (0106) (Post 2 of 16 pages) . . Form 30391/01 Oreamocs- To ORW Colt 140048"115 0090032392 05/02/2008 21:44 7176957006 J.CONRAD PAGE 18/41 TRANSFER OF RIGHT'S IN THE PROPERTY This waxily Instrwnent scomw to L wkr, (i) the nTaymatt of the Loan, and NI tt ngwals, wavaions and modificaaions of the NOW tend (ii) the pwf mnmKe of 9ommm's ;myw s is aad 94mnn eq udder dtis Security Instruinent std rho Ndte_ For this pugme, Borrower does hereby mtatgage, gnat and oouvey to tender the following dacn%ed property locsted in rho county rrmw of Rcwr tnt Lliwigionj of OWDERL,AND (Nmia of Rewtdbia ludtdiaiagl SEE LEGAL DESCRIPTION ATTACHED which ourrendy has the addmu of 7413 WERTZVILLE RD Imo] CARLISLIE , Petmsylvonis 17113 ("Propmty Addresa'): (city] (zip Camel TOGETHER WITH all the im?ema now or hacaftar ~od on the ptopcrty, and all easemon% appursptatw1M ad Sxu= now or b orsalber a put of the p uporty. All repkoam u and additions shaft also bs egvered by this Security htstuhsooL All of the foregoing b tefnnmd to in this Security InSb moot as the "property BORROWER COVI?NANTS Nut borrower iia kwfally sc(aed of the estate hereby cmveyed and bas the ritht to taortgage, gram and convey the Properly std that the p,opeety is wtengmWred, except for eneuffdX= em of record. Borrower warrants and wt71 defatd SmwQiy the title to the property against ail clsims and demands, subject to any encumbrances of record. 11HIS SECURITY INSTRUMENT combines mdfom covenants for tntional use and mmmdjarm eovanants with lbri ted variations by juradktion to constitute a uniform wourhy instrument covering real ply rV049VLVANIA--5W4e Fweiiy-Ragak N"S'.W& Mee UNWORN tNSMMWT ^ temptfmm (Pqu3nf1QpgN Porn M9 tN1 op"*M . Teof0*0* 14 m km""s ooa0012"a eKV881PG4411 0151 05/02/2008 21:44 7176957006 J.CONRAD UNIFORM 0OV eNANTS. Borrower and Landercovenant and agree ea follows. 1. Payment of Ptincipe% lotwat, geerew Items, PYepayw=t Charier, and Left CYarW Borrower shall pay when due AN principal of, and into. an, the debt evidm osil by the Note areal any prepays mar and isle ebmS m due miler the Note. Bearouyer shalt also pay futile Eat Escrow Items pursuant to SwO n 3. Pslyam s date tender the Note and this Socuft lttslnmtont shall be made in U.S. Wnenvy, However, if any check or other in-' - ont received by L.mdar as pupmtent order On Nate or dds security Imtrmnetu is natural to Leodw unpaid, Lender may require that day or all wbsequent payments due udder the Note and this Security Wvuroent be me& in one or room of the following forms, as selected by Lender. (a) cash; (b) money order; (e) certified cbeiic, bank check, usasurer's dial or cohles's check, provided arty such check is drawer upon an lostiWdim -boas deposits am hummed by a federal agency, lastrumeatelity, or avity; or (d) Electronic Funds 1bmhr. Payments are deamed received by LAndur when recoWed at the loeatioa designated in the Now or at such other location as may be desigitleted by Lander in accordance with the notion provisions in Swim 15. Leader may retum spy payment or partia[ payment If the payment or partial ptymenb are imufficiant to bring the Lean atrrmtt. Larder may accept sty payment or partial payment insufficient to bring the Loon oarrank without waiver of any rights hereunder or pm)odfce to ib sighta to refuse sucb Payment or Partial powmentl io the future, but Lender is not obligated to apply such Payments at the time such payments ere accepted. If cash rerlodic Payment is applied ea of its achoduded date Otte, Iben LenOer need not pity intprast on unapplicd finds. Lender may hold such unao6ed funds until Borrower makes payment to bring the Loot carrahL of Borrower dues not do so within a remo6a61e period of time, Lrotafer anal either apply such ftwb or reban Alan to Borrower. If not applied earller, such fiords will be applied to the oduarwhig principal beletce unkkr the NOW bnmedtately prior b f ltOckawe No vffict or claim which Bonowsr might bakers now or in Ate fatut against L mWa shall relieve Borrower !font making payments due under ilne Note and this Security tratrumont or perlbroi tg the covenatte and a groten tNa secured by this Security lnsbarnpht. 2. Application of Paynieeb or Praaade. Except as otherwise deseribed in this Section 2, all payment wceptod and applied by Lelnber Ahab be applied n the following Order of priority- (a) loteren dui: under the Note; (b) principal due under the Noll (c) amounts date under Section 3. Such peymertta shall be applied ie rah Periodic Payment in the order in which it became doe. Any rernoining tartourtts shall be applied first to late datges, second to any other amounts due under Ahk Security Instrument, and than to reduce the principal WAM6 of the Note. If Lender reedves a payment from Bomwer for a delineluma Periodic Payment which includee a sufficient amount to pay arty late charge due, the payment may be applied to the deliaqusm payment and the We chart. It mots than one periodic paymeoi is ouishladatg, Lender may apply say payment received from Borrower to the repayment of the Periodic Payments if, and to the am that' each paymca t can in paid in W. To the extent that any ex«er exista attar the payment in applied to the fbll paymeaA of one or more Periodic P4mmts, such mum= may be applied to any lam charges due, Voluntary pnpayntattr shall be applied fast to day pnp"ant charges and thee m deeaeibed in the Note. Any application of p yments, insurance proceeds, or Mimallavevns Proceeds to principal due under the Note sMll riot extend or Postpone one doe date, or d,mge the mnamt, of $e Pcriailk Payments. & Funds Aar 4acrow. Items. Borrower ahall pay to Lender m the day laeriodie Payments we tyre under der NoW, until the Noe is paid in &IL a soon (dw'ForuU") to provide for psymax of amcwaa due fttr: (a) tmm and assessmano and other lu ma which an atlam prlo * over Ib11 Security Imteaaatt as a liar or enarmbranuo an the Property; (b) leasehold payments or ground trots on the Property, if any, (c) premiums few any and all insurance required by Lander wader Section 5; and (d) Mortgage Insurance premiums, if my, or any soma payable by Borrower to Lander in Hen of the payment of Mortgage hatura ce pnanicwus in accordance with the provisions of Section 10, These items are called "Escrow Items." At originwoo or at any t FN?G'V ,VANIA-Abp k Faedy- Famb FbdFmddk MM! UNWMM tYMMMENT Form 309 IAI TEa nrOAPGXa (Pagel ofMpq" ra.e•M CW. taaPaeMIrs ebaem2 D2 PAGE 19/41 5 i•88 } PG4412 ? ? ?` 05/02/2008 21:44 7176957006 J.CONRAD PAGE 20/41 time during the term of the Loan, Larder may re me that Community Association Dues, Poea, and Asseesnats, if any, be escrowed by Borrower and such dues, leas and assessments stall be an Escrow Item. Borrower shall promptly furnish to Leander all notices of amounts to be paid under this Section. Borrower shall M Leader the Funds for Escrow hams union Laader waives Borrowers obllgrHm to pay d* Funds for any or all Escrow Items. Lander may waive Botrower's obligation to pry so Lender Funds for any or ail it-wrow Items at any time. Any such waiver may only be is writing. to the event of such waiver. Borrower shall pry dk=*, when and what payable, the amounts dale for my Eslaow Iwo for which payment of Funds has bees waived by Leader md, If Leander reglrb es, shall famish to Leader reoaipu evidencing AA payment within via time period as Ladder may requite. Borrower's obligation to mate such payments and to provide receips shell far all purposes be demed es be a covenset and agreement conlaiead in this Security Instrument, as the phrase "covewsa and agme eW is used In Seater 9. If Bmrw*vr is obligated to pay Escrow items directlyp pmarant to a waiver, and Dorrower We to pay the amount due for an Ruraw Item, Lender may exercise its rigbis under Sadler 9 and pay sect amount and Borrower shall than be obligated and, Section 9 to repay to Leader my a wh amamR Losude r msy revgkc des wervegr as many or an Escrow hems at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to IRader all Pu b, and in a mh amovat% that we then tvquited under this Section 1 Lender may, at any time. wUm and hold Funds is as meow (a) suflichait to permit Leader to apply the Funds at the time specified under RESPA, and (b) not to exceed die maximum amount a lender Wen require under ROSPA. Lender shall estimate the ar own of Funds due on the basis of am m des and fnsonable esp umn of expendmu= of funue Escrow Items or otherwise in accordance with Applicable UM The Funds shall be bald in an institution whose doposib arc insured Fry a federal agaay, Instrumentality, or entity (including Launder, if Lander is an institution whose deposits are so insured) or in any Federal Horne Loan Bank. Lender shall apply the Funds to pay the Escrow linens no low than Ow time specified under ROSPA. Larder shall not chats Bormwer for holding sad applying the Funds, annually analyzing the escrow acoam; or va*ykrg the Enruw Items, unless Lander pays Borrower hdeeat on the Funds and Applicable Law permits Lender to make such a charge. Unless an agmment is made in writing or Applicabie Law requires intees to be paid on the Funds, Lender shall not be regairad to pay Borrower WW interest or earnings on the Funds. Borrower and !.ender can agree in writing, however, that idtelft sWt be paid oa the Funds. Lender shall give to Borrower, w1lbout dm$e, an annual accoutift of the Funds as toquired by ROSPA. If these is a surplus of Funds bold is escrow, as defehed under ROSPA, Lcndcr shall accoaot to Borrower for the excess fimds in accordance with RESPA. If there is a shortage of Funds held in eaxbw, as defined under ROSPA. Lander shall notify Borrower a required by ROSPA, mad Borrower shall ply to Lender the renown; necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficincy of Funds bold In escrow, as defined ender ROSPA. Lender shall notify Borrower as mquimd by RESPA, and Borrower shall pay to Leadsa the amount necessary to nuke up the deficiency in accordance with RESPA, but in no more than 12 matuhly payments. Upon payment in full 0 411 sera scoured by Oils Security Instruw4nt, Lender shall promptly rend to Borrower any Funds held by Lender. 4. Clurgeai 1Limt< nenpwer shall pay all taxes, assessmpxs, cbmW , fines, end Impositions attributable to 13te Property which can attain prksfty over this Severity hvbv dent, le tclold psytneen or ground rata an the Propartn if any, and Gommurdty Association Dues, Fees, and Assessments, if any. To the examt the than items are Eacraw Isms, narrowar shall pay then 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 paymalt of due obligation secured by the lion in a manner actol able to VIENWLVANI"ingne Feoily--Fxjwk R{„ elereelfp 1Nsr UNaoam INaMUMRNr Two 7139 tool O -OA. ft secsismspm mw 3Cosp to Taedwera140PoSArre am RM.-M., ?'. 88 1 PGA 4-13 05/02/2008 21:44 7176957006 J.CONRAD 4snder, but only m long as Borrower is performing =0 agreement; (b) aonWO the lien in good lttd& by, or defends against enforcement of the am in, legal proceedings which in t enclar s opkion operate b Prevent the anfbrcerncM of the lien while those proceedings we pending, but only until such proew4in s are concluded; or (e) wo res from the holder of the lien an sweament sadstyaeesry to LcWw srbordha ft the lien to this Security inWumat. If Lender determines dw arty pert of the property is subject to a lien which can Main priority over. this Secsr'ity instrument, Lander -my Si" %mmer a notice idartifying the lift. Within 10 drys of Ott date on which that notice is given, Borrower shall satfaiy the lien or take one or more of the aetlons let feeth above lit this Section 4. Lender may rTepqure Harrower to pay a one-timoi charge for a mW esmte tax verification and/or mportirg service used by Leander in coenectfan with this Loan. S. Property lasaemw& Boo-owershallkeep the lmprovemurats now extsUng or bereafw erected on the property inmred again., Ian by fur, hmor& indaded WWWO oho term "cxhmded Coverage," ad Ray other hazards including, but iW limited to, mi ltqueai es WWd floods, for which Leodd requites insurance_ 7bb msenebce "I be maimaaed it the ehOtaata (including dedaaeubie lowly) and fat the perlods drat Loader regaitet. What reader mquir a primate to the xamiling sentence can ctapge during the term of the Loan. The tntoraare carrier providing the bra tww shall be chosen by Borrower subjm go Leaders right to disapprove Borrower's Ntos e, which right shall not be ererdead neueasonWMy. Lender may require Summer to pay, in vonnaxton with this Lana, eidwr, (a) a onetime charge for flood zone determination, abrtifterloh and tricking services: or (b) a ono (ime charge for flood > , detemrbgtion and certification services erred snbsequeen ctrrrps men Owe ranWpplop or similar chla gn occur whkb reasonably might Mect such deli rutination or omtiticatioo. Borrower shall Who be resporrse'ble for the peymem of nay fees imposed by ere FodwWl Smagency ManengRment Agency In oomraxion with the review of any flood zat detenwinRtion resulting from an objection by Borrower. If Borrower bails to maintain only of the eoytesit a described above. Lender may olsaein inarrance coverage, at Landers option aad Borrower's atpense. Leader is under no obligalhoq to purchass any particular type or arnoum of coverage. Thom1bre, such coverage &AM cover Lender, but might or might not protect Borrower. Borrower's equity in the Prop ortY, or the contains of die Propety, agahnt any risk, leMWd or liability and might provide gnvew or lesser coverep than was pr*Aousy in effaL Borrower wADowW$ft that the coat of the insurance coverage so ablained algle significantly eraeoad the o00t of 1rwmaic! that Borrower could beve obtained. Any amoaopsdwbtrsed by Lender under this Section S shall become addhiooWl debt of Borrower mckwe'd by this Security hwtru aent. These arnouwb ,hail bear interest at this Nate ram ?,= the die of disliwwroar and shall be payable, with such interest, upon notice flam Leander W Borrower Muss ft pgyntear All lastrence policies required by Lander and runewalt of such policies shall be subject to Lender's rISM to disapprove such pobviea, shall inckk* a standard moripp clause, and shall name Lender as mottpgee miller a an Rddltiand loss payee. Lander shall hers the rigid to hold the pdkiw and Mlewal certificates. If Lender r"okee, Borrower shall lxompthr give to Lender all receipts of paid premiassrs end renewal notices. If Burrower obnms any form of uuwtmos coverage. W otherwise tregnieed by Learda, for daatr>age to, or deaMw4cat of, the Property, suet' policy shall inciude a standard mostaesge clause and alrll name L.oealer as +nortgagoe WKVW as an additional lair payee, In pro evert of loss, Summer almili give prompt notice to iha insurance carrier a nd Leralir, L,epder may melee proof of loss If not made promptly by Harrower. UWlesa Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying irawanee was required by Leader, shall be applied to restoration or repair of the Property, if the restoration or repair la economically 11sm le and Lender's security is not lessened During such repair and restoration Period, Lewder shall have the rigft to hold such inn rmoc; Proceeds until Lender has tied a apportnity to inspect such Property to ensure der work I'MOYLVAR11"kWe com'et'-faarak MOVVrgddk Met VNIIFpdat VOTRUMENT Pas no 1M Weill eewea (OW (paw d of rdpggrs) To oar cat e4ppee"M 460CO M PAGE 21/41 A, 18'81 PG4.ki.4 05/02/2008 21:44 7176957006 J.CONRAD hu been complemd to Lender's satisdwdM provided that enroll irispeot(on shall be wldwtmken promptly. Lander rosy d6buM prvaaeds fbr the Pepsins and r.sttartion in a Sb*k Drool Of in a series of progress payments as On wort is completed Unless m gUaer ant; is made in writing or AXWomble Lm requites hrter" to be paid on much insanm ptnoeed% LAWN shall not he rtgmired to M Boreoaror any intsm or earnings on such proos der. Fee for public ujus 's, or other third pm 1m% retained by Borrower shall not be paid oat of fm Insurance proceeds and shell be the sole obhgstim of eentomw. If the rastormdm or repair is oat eceooahially 11camblc or Larder's searity would be Imaied, don k mymm proceeds shall be applied to the sums secured by thin Secsrrfty Tau mmmnt, wkcdw or not dm due: with the exceae, if any, paid to Borrower. Such hours= procoods stall be applied in the order provided for is Section 2. if Borrower abarmlm eke Property, Lender aasgy file, negotialm Mid sods any avdlable insmaace claim and related reapers. If Borrower does not req and within 30 days to a nonce from Leader that the iaaturslace wrri-r has offeamd to settle a elmim, dun Lender may negodds Mid s&UW rho edaim. The 30-dsy period will begin when the notice is &Wft In either evesv6 or if Lender megxim die Property under Section 22 or otherwise, Borrower hereby uslgns to Lender (a) Barewer's nelks b apt insurance proceeds a an amount not to excood the amounts unpaid tinder the Now or this Smulty loshimreA and (b) hey other of Borrower's rip m (odw that the right to any -hod of uaaauW premiums ptdd by Borrower) under all inmuraacc policies covering the Pmpeny, insofar as suck rights me applk" to toe coverage of the Property. Lender may use the iSIMINIae proceedr 4AW to, repair or TWOO m the Propenry Or M pay amounts Unpaid mtdtx ih0 Note or this Security Ieetrtuneat. whether or not then dom a. oee.pmslty. Borrower shall occupy. establish, acrd use the Propuw ere Borrowx's principal residence within 60 days alter rite exemstim of this Sccltrity Instrument and d WI contirlna to occupy the Property as Borrower's principal resWmm for at least one year after the date of ooalpmrey, unless lender otherwise mgmes In writing, which er ment shall not be tmressotubiy witldrold, or enters 9LUnustbng circumsomm exist which me beyond 8ertower's control. 7. Fraaervasiorn, Pftiatemm od Protection of Ike Property; lsarpadbaa. Borrower shall not destroy, damage or hnpuir the Property, allow the Property iD deteriorate or ommit wash on dw Property. Whether Or not 8mrowar is residing in the Property, Boat aw shall muintain the Property in order so p mvemt the Fropeey ffom deosrioratbtg or deceasing is vtdme doe to its cmaloo. Unless it is dstetmined putsumet to Section S that repair or "Wosi me iS nrt cconomicaly Bible, Borrower stall promptly repoir the Property if datoaged to avoid 6irther deterioration or di magp. If mm mm or corrderau rim proceeds are paid in connection with damage to, or the taking K the Property, Bonower shall be respmm'ble ton rgokisig of restoring the Property aply if Lerrder Ace released proceeds for such pwpota. Leader may Oil, prvxeds for the rvpolm and raskarxtim In a Mop payment or in a series of progress paymeats a1 the wart Is eoimpkted. If the hlaeG me or condemnation pooeeds we no sufficient to repair or sestal the property, B6efbw'cr is rat rdleved of Borrower's obligation far the eompkdm of such top* or metm*ion. Lender or its arm tray mmke reasonable a tries upon = 4 bgwaim of die Property. If it has masomblo exnae, Lender any mm;iect the ionriar of the hapmvemmu on the Property. Lander sheet give Borrower notice at the bane eel or prior to Nab an interior inspection specifying such reasonable ant90. a, Borrowers Loma Appliwelem. Bornbwer Ault be in d* Wt if during tlw Lean application process, Bormwa or any pterseos a entities acting at the direction of Borrower at wish Bommer's knowk4p or omsent gave mtuwtauy tutee. mislead & or Imccurere lafhnnaticn or stmamans to undo (or tbikd to prelude Leader with, material iafoernation) in catmeofm with tea Loan. Material reprryaatatimts include, but are not limited to. representations concerning Borrower's ocanpmuey of the property as Borrower's principal Ioddertm, 9. ProNetlOn of Landers laterat In the Property mud (tight Umdtr Ibis Security ImUniscot If (a) Borrower fails to perform the COYerhanta and agrmenteuts COrhtiimod In this Security inaennuent, (b) dram rF.MfeSYt.VAiViA?$in?e F"lly-Peaahe MWFeea/r Mee UNIFORM 1MFMUME4T rev 3W the eara-a« nsu,tew pwsl (Aym 7 of 16 pgm4 nOeer C.R *e00649ens X-1.88.1 P644.15 PAGE 22/41 17 X 6B@? A 05/02/2008 21:44 7176957006 J.CONRAD PAGE 23/41 is a legal proceeding that might sipfficsndy Offset Lender's tateteat in the property andlar rights wider this 5ecnrity Inanna ni (such as a Proceeding in bankruptcy, probate, for coach n ni ion or foeMStra, for atforeemarit of a Ilan which may satin priority over this Sectn* jpstm alt or m enfarae laws or trgalations), or (c) Borrower bas abatdmed die Property. them Lender may do Md pry far wherever is reasonable or Oppropriete to protect Lwmkw's lnteneet in the Properly and right a cler this Scurity Insc timent, including protecting aaldlor assessing 6@ value of the Property, and seeo ft mWor rapair ag the Property. Lender's actions cat menace, but are not ibaited ter. (a) paying my aums vectahed by a lim which has ptierity over this Set ft MO-cat (b) Oppae big % seat: and (c) p ykng rwsmabb A"Mueys' fe" to protect its hnterad is the Prgpeety andror rights wader this Soaur(ty Iaaltlmem ineludiag its secured position in a bankttgotey ppxveding, Selauing the Pnvmy tacladee, but is not limited to, entering the Properly In snake repabl;, change lacks, repim er bond up doors and wici own, drain water from pipet, oluaialde building or other code vidationit or dmgprmw mWitiens, and have utilities turned oo or OM Al, &* Lender may take nation ender ttls Scctien 9, i..rmder does no have to do w tad is not under tiny duty or obligation to do so. It is agreed that Leader Incurs no liability for not taking any or all sotions auu boriyed under this Scalar 9. Any amaamts disbuend by Leader under sirs Sedum 9 shall beeorte additional debt of Borrower secured by lids Security lnakvuxm 'these aaowts :ball bar interest at to Note rte Gem the due of diabmaeanant and shall be payable, wild such inmost, upon notice front Lender to Borrower regaestina pq menu Ifthis Security Inshu nent is on a leatelhold, Bonowa stall comply with all the provisions ofthe Leese. If Borrower w"ims The title to the Property, Cho kealehold and the fee tide shall rat merge unless Lender egrces to the merger In writing. ID. Mortgage lnpranae If L*ndw rGgaitad Morew inmugnec e n condltim afmaking the Low, Borrower shall pay pie premiums required to maintain the Mor%W Insagnce in Out. If, for any reason, the Mortgage hhatraltoe coverage ro*dFcd by Lauder ceases to be available horn the mortgage insurer that previously 1m&d saki insu mac and Bormww was required to make separately dcsi wed paymens toward the premiums for Mortgage Insuruteo. Sommar shall pry the pt? umis requimd In obtain coverage substinidaliy equivalwa to tie Mortgage Insurance pnwioasly in effect, m a cost utbstonially aluivale t to the cost to Borrower of the Mortgage btunnam previously is eRFok Seas an alternate mortgaga inswa selected by Leader. If substantially equivalent Mortgage Insurance oovemp is not available, Borrower shell continue to pay to Lender the amount of the separately devigrnated pa yhahate that were due when the insurance covsrage coated to be in *M:cL Leader will soecpt, use and rdifu time payments as a non- reAmileble logs reserve in lieu of Mm4W Insurance. Such loss 7averm " be non{efuedablo, htotwithetasidimg the !i?ct that rho Loan is ultitbately paid in W. mad Lander shall not be required tD pay Borrower any interest or atrnings on am& loss reserve. Lender can no longer require loss re verve paymeaor if Mortgage Insurance coverage (in the emmouna tad for On period that Larder nqulm) peuvided by an kA rer selected by Leader again becomes available, in obtained, and l order tegnum separately designated payments toward the premiums for Mortgage Ianrance. If Lander te"bod Morop Iastuaocs m a condition of malting the Lose and Borrowar was regsuad to make pgxnbly deognated payments towed tie premkmns for Mo %vp Insmmwe, Borrower Odlall pthy tha prvmMo TM kW to mminluin Ma MW Inamec in effect, or to provide a aott-rermilabte loss teaWA% untl Lssedx's Mgnaih M@M for Mortgage IMMMM w& in accordance with any wripon aged between Boteo/rrr nod Lender providing fro such tameblaflon or wa termination is required by Applicable Law, Nothing in ibis Section 10 aff cis Borrower's obligation 19 pay invereet at the rate providod in the Nate. Mortgage Insurance raimburim Leader (or eery entity dot purdneses the Note) for. certain losses it mrpr incur if Borrower do= nor repay the Loom as m®ved. Bvrrvwer is trot a party to the Mortgage btaamnce. rer envArt w.--Shone Daftly--Fannk atsommilile arse ONWOttM IMWMM Off Yana 3101M rr9. I"" M.M Md" a ojl6 a?a- 1'Qem1 ro v%. uhi wooas&vrs Oeta032M X-4 PS4446 05/02/2008 21:44 7176957006 J.CONRAD PAGE 24/41 Martpp insurers evalhatte their total risk on all such Insurance in foes Rom time to time, and may enter into egreanrvrnte with other parties that share or modify their risk, or reduce loses TUeae Womneots we on trams and conditions that arc sneaftiory to the mortgrhge instmer and the other party (or parties) to dheae agreements. TUN agraemeata may require be mortgage Insurer to make payments mkg any source of funds that tlns mortgoge inwa may have available (wbich may inohrdc fmmds obtained from Mortgage Ins u MI prenlhrus). As a result of these agreements, Leader, any yarchaser of the Note, woother ittstow, ally rck wren, any other entity, or any offs late of any of the foeegoisrg, may receive (dhemly or indirectly) udoudta that derive from (or ad& be ehuacledmd as) a portion of Bartowces payments for ?Aoff1 age hwxw xs in exdrmpe far eharrrhg at arodibing the mortga c insurer's rlsk. Of reducing leases. If such stpoinene provides tilts an sTdim of Larder W= a dwo of the insurer's rusk in exchange for a slim of the prcmfunts paid to the insurer, the arrangement is often tarrahed "calrlivo reinorance.° Fordw, (a) Any sock agraa•eels will not aiseet the amounts that Harrower hmo agreed to pay Sir Mortp4s fatless", or any curer term, of the Ledo, Snob egresmaats will not idaRnaa the xmwmt Norrower w19 owe for Mortpp llannnuke sad thny will am aatltl! Hurrpp err to uy ralaad (b) Any such agrpgedte will set sheet the rote Harrower ku-If any-wiw respect so me Mlortie Insurosee adder the Homeewsers Proteetisa Act of 1"S or any other bur. Three rights any include the sight to receive caruto dt.downes, to regow and obtain eanesualfon of the Mortgage lasaranne, to have the MQFVW insurance tertihialed aatoasatirally.and/or to receive a r'eflnd of any Mortglhgd Ineurnantaa prsmfamn that were anearm d at the time orsash awAiatien or twokksmtlon. 11. Assignment of Mfsosllnueoee Procads; Rertlsitare, All Miscellaneous proceeds are hereby aSijlp" m and shall to pold m tender. If the Property is damaged. such Miscellaneous Proceeds alts"I be applied to restoration or repair of the Ptopety, if the restoration or repair is economically fc"la and l endw's security is not leached. During such repair and restoration period, Lender shall have the right on hold each Miecellonsous proceeds horhl Lander has had an oppahmtry to inspect such Propmgy m ansura the work has been completed to Lender's satisfaction. provided that weir inspection shall be tadettaltah promptly. Lander May pry for the repairs and tat alottion in a single disbursement or In a series of progrow payments as die work is completed. Unless an agreement Is trade in wdWS or Applicable Law requires iMehast to be pall on such Miscelkswous Proc.aas, Lender shall not be regained to pay Borrower any tarca or arniop on such Misce la mom tromeds. If the restoration or nepna is not economically fusible or Leader's security would be laeeea*4 tie Miseensasous Prooeeds shall be applied to the sums sectmA by this Seca* lnatrament, whew or slot then dtte, with the excess, if any, paid to Borrower. Such Misceltaswods Prooads snail be, applled in the ordtf provided far it Somion 2. [a the ovdd of a total taking, destruction, or lave in value of the Prop", the Miscsllm"M Proceeds shag be applied to the sutras secured by this Security Utewouort, wihethv or not then due, with the excess, if any, paid to lkotrower. In the event of a partial teldng dasatraion, c r loss jut value of tba Property in which the leis market value of th. property immediately W- the pwrtfal taking, 4000 GN or low in value is agasl W or greater than the amount of the sums secured by this Security Instrument nninedlately before the partial tarring, deatreaaimy Or Ievs in vahhe, nnlevs 50m mw and Lender adherwise WIS h writing, the am secured by this Security luetranmd shall be reduced by the amount of the Mil oellanam pmoseds tttuhipiied by to fotowirts fraction: (a) the total amount of the sumo secured rmmodiately before the partial takiny, deci<udion, or loss in value divided by (b) the fdr roarka value of the Property immediately, before the partial taking. destracion, or loss in vacua. Any balance shell be paid to 9orrower. PUINSYLYANIA-3intle Family--Fasek N&V79 dk Mae UNIFORIM OWRUMLKT Fa.JW Vtl rrar tsen9 (o" (Pot 9V Is Fag") TOORMFGA $4104094M rr?' 8'S 1 PG 4 7 n11'31T A 05/02/2008 21:44 7176957006 J.CONRAD PAGE 25/41 In the event of It paatial taking, deshmetion, or loss in Value of die Property in whk h IIIe fikk 11" Value of the Properly Immodisiely beforo IN partist WdnlL destruction, or less in VW%o is less mart the M A10109 of the sums seemed immediately befole the p@rdW t*h% 6erbuWW4 mar Im in vewc unless 1lortoaer and Lender othtnwlse ageee nos WFWMS, the MiS06UN eons IRMO* s -bO be WFRI d to the sums seeurod by this Seew !W ltlsbm w4 whether or not du sums are dttm doe. if the Property is WWW:Ioned by Borrower, or if, after notice by LaedW to Borrower that the opposing Pany (at WbwrA in the next set 6mm) offers to make as award to stile a cbsba for dsntegss, Borrower fails to respond to I.endet wtduin 30 ft- altar the dam dw ne ' is given, tender k awhwtred to colftxt ad apply the MisecUuootm Proceeds either to reamradon or repair of die Ptnperty or to the 'sutns secured by fhiF 5ecurtty Instrument, whether, or not them due. "epp0mg prrh'" mesm s the third party that owes Bormwaf MISCOUNWA us Proceeds Of the party against when Borrower has a right of action in regard to MiuxrllMMO Procead< Borrower shall be in default if any action or proceeding, wlotbw civil or tarunirrl, Is begun that, in Lender's judpnrnt, could mm* in foraftn of the properly or odder material impahmatt of Lm k is itrimst in *0 Propwty or r%bb under dwis Seotrity fastttnnmt. Borrower em MR $1iCh 1, default ad, if aoasiaadoa his occmrrvd, reinslam as provided in Sactim 14, by awning the ecdon of proceeding to be disc d"O with It nrlhlg that, in Let>def's jtldgmen4 precludes fotilibae of the drop" or other n omw impelrment of Lender's ittlat m in the Property or righra under this Seewity Inpownerd, 71m ptneeods of wW award or claim for dKmWs the am ataribuable to The hopefnnert of L&wJW% interest in rte Property ire hereby resigned and shall be paid to Lhnmda. All Miscelhimm Proceeds that em not applied 10 am at on or repair ofthe property shall be mspplisd in the order pmvtdad for In Section 2. 12, Bstrower Not RebmW; Forbearrace my Lender Not a Wslver. Pxtlrsien of die time fbF payment or modification of MwWm d m of the sums sawned by torts Security Inlhtrnent granted by Larder to Borrower or say Suommor in Inurest of Rorower shalt not operate m rolaasa tiro liability of Borrower or a9y Sttoceseors in Interest of Borrower. Lmrdx shall not be acquired to ceenmmm Womdkp t any Successor in Interest of Borrower or to,craw to mclond time for psykww or otherwise modify amordntion of the scans smued by this Svmrity Matnanent by mach of arty elemmd made by the original Borrower or any Successom in Interest of Borrower. Any forbearance by LOgdbr in exam isms any right or Mnledy ioclaftIll without U RkWot, Lmderms acoeptu,cs Of paymemu from third penam,, entities or &=m m in 111601 art Of Borrower or ig amormm less than 1116 amount then due; shall not be a waiver of or preclude the exetriw of any right or Iemeq. 13. Jalat and Several Limblaq; Ca sjgmeM SmedoWn and Asaigesa Betted Bmrower covmngn s and agees that Bom*,Ws oWSajkRS and liability shall be joint std sewal. Hmgvmr may ftmwer who co-signs this S-mty hsnur mg but does not execM ft Note (a "co.signwP ; (a) is co-Aping this sow* lmftmm Q* to MM%SM grant and omvey the co.silper-s interest in the figpsrty tm?r the tenor of this Secarby haw meat; (b) is not pmmmally o ftsted to pay the seas seoand by &b security RWWWnk 1194 (c) agrees that Leader and any other Bollfowrer can agree to extend, modtfy, f }beer or make sny accmhmnodations with rogard to ale terms Of this Security lnstrurnent or the Nora wwmu the co-signer's consent. Subject to the provisions of Section 111. WY Sumessor in Interest of Borooww who ammes Bonowrr'a obligations under this Security htW mint in writ, L end is approved by Lendx, shall obtain all of 101`10 11 rights said bendW under " Security InsKtleeerel Bon- shall not be released from Borrower's obligations and liability under this 419mity Instrument unless Lendst agrees to such release in wrltbt ,The oove"'s std agreements of this Secuf ty lmtmn K shall bind (except as provided in S6otion M and benefit dwe succeFaora and assigns e>f Lender. PENMVr.VAN1A-$ta6se Family-Faoale MsrJ md&t M.c UNIFORM INSIRUMENT Fe"m tat! Im +hY +>thalo gins} mW 10 of 16 pagan) ib OWN edw *""n am 0000094aaQ 1€x.8'1 PG4 4 05/02/2008 21:44 7176957006 J.CONRAD PAGE 26/41 14 Loan Charges, Lender may charge Uonoww t5as for eervion paf fed in com Cdon wide Borrower's defet1% for the Purpose of Protecting Lerder'3 inUfm In firs ftPorly and right under dpit Security Instrument, including, but 'rot 1tntRed to, attannays' fees, property bNowtion and vaWfto fees, in regartii to any otter fete, the absence of express authority ill tots Sogmity iOWW&md to charge a specific he to Borrower shell DO be conoutitt as a p Oribitim 9. the phw&a of joob fee. Lmukr may Not chugs foes that We expressly probibitod by this Security MOumont or by Applicable Law. If the Lom is subject to a law which sett stanimun low ebaraey Mid that law is Maiiy iMapaatod so that the iasrrtst or otter loon dlarges collected or to be collected in eolneclim with the Loan weed the ponatn d ffiffits, thst: (a) any Such lam charge eboll be rodimed by rho amoum neantery to reduce tha charge to the pormitr cl 18aft; and (b) arty umns ahaady collected fitters Borrower whicb exceedod psaimod limas wil be refwded to Borrower. Leader may, choose to mske this mhW by rtdtldag the principal owed under the Note or by making a direct pnymeat to Borrower. If a refund redmees DipsL the redaodoN will be hrased of a PMtial propsymemt without may prepayment duuge (whether or not a prepayment advwv is provided for under tie Note). Borrower's seceptwee of my web ichi d made by direct payment to borrower will constitute it waiver of any rugbt of action Harrower might have a dining cut of ouch ovoidmge, IS. Notices. All mute given by Borrower or Lmogr in eomteceion whh thin Security btatrmmut roost be in writhig. Any notice to Born war in eonnood n with dds security histrameot shall be doomed to have bean given to Borrower when mailed by Arn class mail or wlm actually delivered to Bartoweer, notice address if sera by otlrer raom& Notice to any arm Borrower shall tonstima Mice to all Borrowers union Applicable Law expressly retwinis otherwise, the notice address shah be rte Prop" Adoh= union Borrower has dooWmeesd a subotituta notice Wiest by notice to L order. Borrower shall pwmpdy noto Lender of Borrower's changer of address. If Lender spaxf a a procedure for reporting Borm ees dmawge of address, Ion Borrower shall only report a ohmnge of address tovog)t that si maifled procodnat."an may be only on* dosigrnfed notlce address under thls Samtity Indnonellt at any oat time. Any notice to Lender slat) be given by delivering it or by mailing it by fast clan atmit b Lender's address Mused heroin merlons Lender hue designated motor address by notice to Borrower. Any butim in com"un with dtis Smirily Inprwnent shall rent be deemed to have been given to Larder until actually received by Lender. If any notice rapimd by this security Instrument is also required ender Appticarbie Law, the Applicable Law requirement will runlets the corresponding requirement under this Security Lose cot. rfti Governing Low, tieverabBttyt Raise of Construttioo. This Secs * instrument shall be sovemed by fedepd law and tin law of Ow jurlsdictim in which the Property is !owned. All r4lNs end obligmllo ve coutalued in this So=* to, ,cmcut are aW*d to amp, riqtilrimuath and limitations of Applicable Law. Applicable Law mWA explicitly or implkitly allow the patties to Agree by cuntatY or it might be aftit, but soub silence shall not be owairued as a prohibition t greiost agreement by coapact. Ea the co conniet shall ad ati dmat eery provitim sell sue ofthis Senn* houtitacat or rue Note eoatlNSs web Applicable Law, such without the onfiiaaffed odw Provhiont of Ihis Security Imm mnent or the Note which co be given efkct una itivisian. As wed in this Secutity haftineNe (a) words of the maseuHm gender shall mom and incltuk incinde tune neuter wads or wands of the 14minine gender (b) words in One singnior shall mom and pltaat and vice verw and (e) the word "may" gives We joattlan without my obligation to take any action. 17. Borrower's Copy. Borrower sbdl be given one copy of the Now and of this $ccui* Irpl went. I& Traaahr of the Prop" or a tieaaticial 111brtst in Borrower. As used In this Section ig. "Interest in to property" mean any legal or beneficial interest in t o , nrchmdIng, but not limited to, taus honeficial interests rranafartd in a bond fbr decd, contract for instalbreent sales contract or escrow agm nook the infant of which is the master of title by Borrower at a future dale to a pxdmw. rElmtVLVANIA Ste61e Fafnrpy. pnk h%VTrtMae aloe UNIFORM tte3;'fR HOwr Fam 31W 141 RLN+eral9 Om" lP*e H q/lepoaty roller.ere,a ws era awooataaa PIC41:81 PG 4 4 .1: 9 05/02/2008 21:44 7176957006 J.CONRAD PAGE 27/41 hot afrail or any part of the P"P"W or any Interest in the Property is sold Or tri nsfened (or if Ooe,ower 1s Pow and a beneficial hntWM in Harrower is sold or aanefmv4) without Leredea a poor written conaeeh; Lends may R90ke immediate poymenl in full of all suns secured by this Sequft In Applicable sft-All.? cvv; this option stw11 not be exercised by Leader if seoh %ta-iso is probibiad by If Lender extrobes this gpdon, !.alder shall give Bamwer notka of accotaratiea. The nonce styli provide a period of not leas than 20 days ftm the dpa the notice is g(waa in aeeoedeshce Wilk Section 11 Willie which Bovgwar must pay all smog secwtd by this Security huhu nak. IfDou9war fails to pqy thane suns prior to die expir lion of this pWW4 Lauder Wept invoke Say retoedib parmttted by this SO=* ant whom fother notice or demand w Bremwet. It. aorrower's R(Ol to Acbr ate Ayer Acnbft &L if Borrower ampia certain conditions, Borrower shell have the right to Gave cn&rwmmt of ibis Security Lnunmeat Macondmied at any teas prior w the earflest e. (a) five days before ssle of the Property pmsusa to any power of eels contained in this Se 0& 90 curity fit; (b) such other pwsod as App&*k Low W& specify for the brminataq of Bo ow is ; or (c) entry of r jndg+aent enforcki; this Securiy Uft m ent Tilers eon are that Betrowcv, no sees (1 pays LLatder all stems which test wotrW be d-o ruder this Sec ajty bw nmmt ad ft Now as it eration bad xairra % (b) cures any Mask of any other covens "I or mpae craft: (e) pays an experm hwurred in 411*mhtg this Security Ihmumeett, Wullntt. but not limited to. ressonable attorneys' NOS, PMa die inspection and Valuation feu, and other fuss incurred for lho purpose pf 1?n,toceing Lender's PfOWW and rights under this Security htsttmteent; and (d) td= such gain as Lentle• may reasonably 'Mom I restaged Borrower's re In assure dw Looter's latestat in tie Properly wed rights under this Seauity Irtstrmaent, tender igaiea to pay the states sassed by this Ssctriiy In6pwecrik slhpll continue pnth Poems. aasY VbRuui ?y such winsthga ant s ma aM atcpetym in one or more of flee fbilo ing clmk such dieck ashier's select provided arty ) alsk M money order, (e) eutiTed shock, bank cbWK Ufta sr's cheek or c federal agency, trap mmu tip' or amity; or (d) EkMonie Funds Transfer. Upon min4a menu Botwa?wer, this Sectsity Instrument and *blip*,. stxs,rod hcroby shall betnsm full. effiedve as if ne aecefarmon had occusnd. Hownw, this right to rth(nswe shall not apply in the case of arcelaradoc under Section I & 26 Sank of No41 CMauge of i,oaa Serritxr; ]rotlse elf Grervarew The Note or a the Note (together -M this Sacurety hp4rtmeeat) can be sold one OF mate times withouprior intrust to 13ortnwer. A We alight result in a dnanga in die entity (known as tits -Loan Ser,4" Metres to iodto Payments due under the Note and this Sftw* Inge m ent red Perform to eellin "V o oblgations under the Notq this Security Testnhmeak sad ApplAmWe Law. Them also mkk be ceo cre Chmagcs of the Lose Savicer unrelated to s Babe of 160 Now. if there is a change of the Loan Servicer. Borrower will be givao wrttlm mtko of the chance which wig stone 60 Mane and addgss of flue now i.g Sarvicar, dk aduteu to which payments should be made and yy other 11ft eft RMPA tequv= to oonneaim with S notice of umtsthr of serricing. If the Note is sold and dweaft the Loan is savited by ¦ Loan Servlotr other then tie pgtg vow of due Note, the mgrggago Igo, servicing obligations to Borrower will n npea ith the toelLow ess Sae; otherwisem be truwarw to a successor Loan Services shed are out aseuned by Ube Weitba Borrows nor Lender may o by o theNote oKror be joiftd ser. * t (hi urines as mdivMusi litipmt or the Member of a cruse) that arises *= the albs sac actloos ]udkiv =action Inmmmof or i $ecurity lthnatnnnealleges ere j tthe athar he ha, ? has branched a y ]mwis of, or my duty gored bo this ch y heuo?n 0y, In eompgance with the rahirsmants ofSeeton 15) fxuch rgew brasich m u and ? (with such part' berm s roasottsUle thetiod AM- Nee tlrving of such notice to tako cattectt ?? the otlta party asa PENNSYLVANIA---•bo Pw w siction. r If Appticabk Law pmv;? a ay--Farris INaelFrraale aYe VNIFOItM ?UMr]Nr VT F RHr4eeeus(coq are3p! tS. fFW r1 gr16PWV fi oar CO 14teeasen3 owvo7saos ?? ? UU u 05/02/2008 21:44 7176957006 J.CONRAD PAGE 28/41 time period which must elapse bePore cation action can be taken, lieu time period will be tae nod to be romo able for ptmtporn of this pFragaapIL The notice of awdemtimh and oppmtwity to cure given to tfanowor p numt to Section 22 and 60 notice of aeoelo*ation giv a to Bermwer pommt to Section I$ shall be deemed iom tisry die wdceand opporthwity to take eomeetlve actiea provieioal of this Suction 20. 29. ttuMrdon Subsbutees. As wed in thin Section 21: (a) 44azudous Subomes* are H,we subwmm ddbW as toxic or huw&us substances, pollutants, or waatn by Environmcnpl Law and the foilowmg MAstoncet gasoline, kerosene, ohm fimmmable or tome pdrolc use prodogis. We ppu'cides and bcrbkidle, volWk solvent& materials cantaoin$ asbouce or fommkithyde nW*mNxlve imalsiiaW, (b) "Environmental lass' trans federal laws sad laws of the jurisdiction wbete the Property is beamed tint relate to hnkb, safety or envlroommal psotacton; (c) "6nviroomeniai Cleanup" includes any respomme action, fa medial action, or removal action, as defined in Environmental bow; and (d) an "Wiroroonlal Caoditlom" Minus a eondiitioa that can ca-c eoltrltaae to, or othsrwise trigger an Egvkv metkal Cleenup. Borrower shill tat cause or permit the pmwuoe, use, dispoatl, swraM or roknms of any 1"larardous Substances, or 16ruaten to release any Hazardous Subame x,, an or in the Propsety. Borrower shall not do, nor allow Anyone else to 4% BrAing atlicdnf tare property (a) that is is viplallpn of any Emvhoiomentd l,aw, (b) wbiieh c>aes as Envitororecial Camdition, or (c) whack dla to the presence, use, or release of a Hazardous 8ubawat mum a coWition drat adversely aQMGs the value of the Plnperty, The pamcftg two sentencas daft sot apply to the prt use, or storage on tiro Property of .hell ilmd ors of Hatratkwr Substances that an MwAally raeognmd to be oppoopriaea to manual residential uses and to nwrteenance of the Property (indudinp, but not limited M hasirderre wAxtancas ht eora urser products). Bonpwer shall promptly give Lamdcr w urn notice of (a) any investigatkA claim, damaad, lawsuit or Wier action by my goventene tal or regulatory agency or priva a party involving the Property and any Hazardous Substance or Envirotxnental Law of which Borrower lass actual imowiedps, (b) airy EnviromnenM Conditlom, including but not limited to, any spil ft kaking, disdprge, release or ducat of release of any Ha-AkW SUbslwtca. WHO (e) ury condition by the pr+neo ;% ewe Or rolean of a Hazardous till amnoe which adtarsaly aftets the value of the Ptperty, If Bonvwer lams, or is notifi.d by any govetnmernel er rvgnletory autiarkty. or any private pony, mist any r>sawval or other nmeMatimh of any klaardons Subsdma of etbhg the Property is necessary, Borrower shall promptly take all necessary ramedid actions in accordance with Environmental Law. Nothing herein shall arcatc may obligation on Leader for as Bnvironromtal Clemup. NON-UNIFORM COVENANTS. Horrower fend Lender farther covmamt and agree as fbilows: E2. AceNentbn; Resu dies. ]wader shop glee aotiee to Horroww prior to aecdooWh s Idlowlag BorrowWx broad of say aouaml or agreement he file Sectrriiy Iaatroaeat (bet not prior to acederatteo wader Seeder Ice anion Applicable law provNes odd wiea). Lender mmetdy Harrower oL aaa ft other tilap: (a) the defadt; (b) the action required to core the defaalt; (c) when thm defeuk wart ba oared; and (d) that (allure to Bare tie dWMU as specified may rmuk to aeedersdor of the $am aacared by this Security IMAramaat, foraelararo by jaalkW proceedhsg and sale or the Prop". Lmoder ahaY furrier lafara oontrwer of the right to sahgtata attar seedenathm sad the right to Mart IA tie 6weeloslar r praneding the Mob ahdrteaw der debaki or any othar ddkaet of Burrower to acadprrtbn.aad tbraelaearn If 00 defia t le not eund as opeelned, Laater at its option moy ragWm hmtmadlita peyaest to fall of al seat secured by this Severity jostmomt wllboat further dammed sail may Oredose this 5aorky larframeat by judkhd proareding lwoter shoo he entitled to collect all ekspaawn heaatnd hen posauft the remedies provided in this section A imdvdb& bkt not United ten attwroeys' two and cash of title evideoso to the extent pertaMM by Applicable law. 019RMSYLVANI"hyre Faagy-Fx-* M"Nn4 is arse UNt?tMM IWMUMZW FWra 3W Iffil ar.ra,s - MA 1 MUa face) Mbp mp/76negerl r901urae44004004rre seBeeazm ?8 X64.421 OWN-1 P? 05/02/2008 21:44 7176957006 J.CONRAD 23. Release. Upon paymeng of dl urns secured by this Security Instrweut, this Security IsaQtmwtt and the t*Z conveyed sWl terminate =d become Void After such ocawmee, bender Adl did.rp and satisly this Sacu ty Instrument Borrower droll pray war reeardation coos. lender may ehup Borrower a be for rebuhtg dxb Seas ft lwnm st, but oi* if the fee is paid to a thud pony for ssrvicea randetd and the dwging of the fee bi petmitsad Bader Applicable taw. 24. Waivem BOamar, to the OxVa t permitted by Applic&4 t.aw, wairos and reivases any error or defects is proceaftls to eaft me this Sam* hum m% and beeby waives the benefit of any prnae v or fuhea laws provklin for stuy of axrcW=4 extension oflime, amempdge from awhtt'w4 Ivvy and a<te, and homeukad exemptiaa. 2S Rahwhahwatt Partad_ BaovwWs lima to rviaraaty provided in Section 19 shall cxtmd to one hour prior to the casmenoemest of biditg at a shaifPs sate or other sale pursuant to this Seesa'ity Inebumeot 2ti. Pureb i49W Itlalttpg& if any of the debt secu:W by ibis Swurtly lniumnest it lest to Borrower to sequire Wo to Qs Property. this Seeyrity hL*wmw alMR be a pw daae uwney m 27. lsiw ed hate Afar iodaateab Borrower aSea+a that the kllem rate pay k after a t?ee? is entered ark The Nato or in am action of mortgage throeloun seal be the rate payable from time to time usdx the Notes PB MWl,VAN1A-- kW6 FAnQY-faaatc MWVmd& Mat UNIFORM rWMVMM fmm 19 mi4(Oder) /Pa;. r' -f If PWO FMa am 141 6wpMM- Tee.efraR $lw&Mbw" 002602001 PAGE 29/41 1:.8.81 PG 4.42 05/02/2008 21:44 7176957006 J.CONRAD PAGE 30141 BY S'GNING BELOW, Bgrowor wool* end Nth tv Ow Urmo mtd oDvw mpy congainod fn pVS I tftrough 115 of this Scxatrity fnstroment and in wry Rider executed by Borrower and recorded with it, ' f' ?/'rte fSwt) - (self) WfEST-Bommn (5mf) CUW) 43wmvm -amvwer -?? -9e m?wern Winn Witness: /ene Lrt?a/ rENr aTt,vmlA- 4lmft Forgy-Fsrk %%&.T wdr m" UMMO M INBTR(IMUff mw 1w .Sjwwp mop xJ gfr6agv+) Fens"It" gym. -ftoRMae raeoasa" ooioasrn? i?. P's :?q, .. 05/02/2008 21:44 7176957006 J.CONRAD PAGE 31/41 Sntoof County or 14th dsy of Stapberrll w 2oe4 , before rne, /IV .As AV 4&.4.,, the undmigmA officer, personally appemed SCOTT YNF_ST knowu to me (or sadsfa tm* proved) to be the persor,(e} whose nmaeW t subscribed to the within iratrumatt and wlmowk 4pd dud 1nq- execawl the seine for tho pwpoeea therein contained IN WITNESS WIMREOF, I hereunto set my 1=4 add o cial seal. VY0ALWpa,*48y Kv . MNIse. Leapr. Ada k%Mbber TiStofomxt wpwy„ Af Naterla? My comtniairm exptros: _ p D b ?1s'1; SlIIiE?Yo Recording Requosted by & When Recorded Rem TO-' US Recording% InC- 2925 Coutmy Drive Ste 201 SC, Paul. MN 58117 CERTIFICATE Ole RESIDENCE t &A -4 lL• -4 y do herby eertify dxu the colreet address of the with) mmed ladder is 11ti98 N. NEMIAN ST, SURE 400, CARMEL, IN 46032 1 Witness my hand this Lf f't day of 2,4v ?. A" of Lenda d-7 L'?67 O PENNSYLVANIA--S1ngk Nmily-Funk Mu/Preddk Mgt UNIFORM IMTRUMEW Form 9039 Lvl my rseo?+storaar (Page 16 !6 cw.rwn- Agw4o T. A.V At 1400ila.Sl/a WPe 232 05/02/2008 21:44 7176957006 J.CONRAD PAGE 32141 Legal Deasil0cm Ku 04CR07m8: ALL THAT CERTAIN LOT OF LAND SITUATE IN MIDDLESEX TOWNSLLIP, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS; )BEGINNING AT AN IRON PIN ON THE SOUTHERN SIDE OF WWtTZVILLE ROAD, PA ROUTES 944 AND 569, (L.R. 21001) (60 FEET 1tOW), SAID POINT OF BEGD*RNG BEING FIVE HUNDRED NINETY EIGHTAND EIGHTY-FOUR HUNDREDTHS (598.$4) FEET PROM THE WESTERN 137r1'REhQrY OF A CURVE mAVLNG A RADIUS OF TWENTY (20) FEET AND A LENGTH OF THIRTY-ONB AND SEVENTY-THIM KUNDRRDTHS (31.73) FM CONNECTING THE SOUTHERN LINE OF WPRTZVILI2 ROAD AND THE WESTERN LINE OF OAK LANE, AND BEANO ALSO AT THE NORTHWESTERN CORNER OF LOT NO .2 ON THE HEREINAFTER. MENTIONED PLAN OF LOTS; TAME KZ BY LOT NO, 2 SOUTH 19 DEGREES 46 MDWMS 03 SECONDS WEST A DISTANCE OF ONE HUNDRED FIFTY AND SDI HUNDREDTHS (150.06) FM TO AN IRON PIN AT LAND, NOW OR FORMERLY, OF HARRY S. THOM'S HEIRS; TRENCE BY TILE SAME NORTH 32 DEGREES N I MINUTES 23 SECONDS WEST A DISTANCE OF TWO HUNDRED SEVENTY AND NINETY HUNDREDTHS (270.90) FEET TO AN IRON FIN ON THE SOUTHERN SIDE OF THE WERTZVILLE ROAD; THENCE BY THE WERTZYII.U ROAD, SOUTH 65 DEGREES 42 MINUTES 25 SECONDS EAST A DISTANCE OP TWO HUNDRED FOURTEEN AND ONE HUNDREDTHS (114.0)) FEET. BEING LOT NO. 1 ON THE RESUBDMSION PLAN OF LOTS 1.7 ON SECTION A, REGENCY WOODS, AS 1tECORDED IN CUMBERLAND COUNTY PLAN BOOK 31, PAGE 16. HAVING THEREON ERECTED A SINGLE FAMILY DWELLING HOUSE. PROPERTY ADDRESS: 7413 WEIITZVILLE ROAD, CARLISLE, PA 17013 TAX I))#; 21-11-3031.001 Immumimlowl U21994445-41CA17 KrINNICE ryCRTGA IOAND em*32m U9 Recardl,g Certify this to be recorded In Cumberland County P.A Am, 'I lo:" LEGAL DESCRIPTION ALL that certain lot of land situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the southern side of Wertzville Road, Pa. Routes 944 and 569, (L.R. 21001) (60 feet ROW), said point of beginning being five hundred ninety-eight and eighty- four hundredths (598.84) feet from the western extremity of a curve having a radius of twenty (20) feet and a length of thirty-one and seventy-three hundredths (31.73) feet connecting the southern line of Wertzville Road and the western line of Oak Lane, and being also at the northwestern corner of Lot No. 2 on the hereinafter mentioned Plan of Lots; thence by Lot No. 2 South 19 degrees 46 minutes 03 seconds West a distance of one hundred fifty and six hundredths (150.06) feet to an iron pin at land, now or formerly, of Harry S. Thom's heirs; thence by the same North 32 degrees 11 minutes 23 seconds West a distance of two hundred seventy and ninety hundredths (270.90) feet to an iron pin on the southern side of the Wertzville Road; thence by the Wertzville Road, South 65 degrees 42 minutes 25 seconds East a distance of two hundred fourteen and one hundredths (214.01) feet. BEING Lot No. 1 on the Resubdivision Plan of Lots 1-7 on Section A, Regency Woods, as recorded in Cumberland County Plan Book 31, Page 16. PARCEL NO. 21-11-3031-001 PROPERTY BEING: 7413 WERTZILLE ROAD File #: 178152 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 to 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 unworn falsifications to authorities. ) '-0' T Zff?? Attorney for Plat DATE: S=16-Ok ? a co W -- 71 CtA SHERIFF'S RETURN - REGULAR CASE NO: 2008-03182 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS WEEST SCOTT ET AL WILLIAM CLINE Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon WIEST SCOTT AKA SCOTT A WIEST the DEFENDANT , at 1338:00 HOURS, on the 23rd day of May , 2008 at 7413 WERTZVILLE ROAD CARLISLE, PA 17015 MICHELLE DARHOWER, ADULT IN CHARGE 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 18.00 Service 6.00 Affidavit .00 Surcharge 10.00 '` l? 00 51)g X01 `- - 34.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 05/27/2008 PHELAN HALLINAN SCHMIEG By: - ?/ Deputy Sheriff of A. D. y 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 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff, SCOTT WIEST A/K/A SCOTT A. WIEST 7413 WERTZVILLE ROAD CARLISLE, PA 17015 Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3182 CIVIL TERM 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 SCOTT WIEST A/K/A SCOTT A. WIEST, Defendant(s) for failure to file an Answer to Plaintiff s 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 $109,547.75 Interest from 05/16/2008 to 06/30/2008 $787.52 TOTAL $110,335.27 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. DA EL G. SCHMIEG, E UIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. d?z ?-' DATE: I aaDS l P ROT 178152 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 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff, v. SCOTT WIEST A/K/A SCOTT A. WIEST Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3182 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 SCOTT WIEST A/K/A SCOTT A. WIEST is over 18 years of age and resides at, 7413 WERTZVILLE ROAD, CARLISLE, PA 17015. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. L, J)IL t 01? D IEL G. SC IEG, ES IRE Attorney for Plainti 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 Philadelphia, PA 19103 Q15) 561-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff Vs. SCOTT WEIST A/K/A SCOTT A. NNTEIST Defendants TO: SCOTT WEIST A/K/A SCOTT A. WEIST 7413 WERTZVILLE ROAD CARLISLE, PA 17015 : COURT OF COMMON PLEAS : CIVIL DIVISION : CUMBERLAND COUNTY .NO. 08-3182 CIVIL TERM DATE OF NOTICE: J ITNF. 1-3. 20OR 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 BEk4 ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPOTRTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE-IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SETTORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 JA ON SEIDMAN, Legal Assistant d C;31 a . ' `? ? C (Rule of Civil Procedure No. 236) - Revised IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION - LAW COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff, . V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3182 CIVIL TERM SCOTT WIEST A/K/A SCOTT A. WIEST Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on 2008. By: ; i=_k W If you have any questions concerning this matter, please contact: 1) Y-1 111. DANIEL G. SCFIMIEG, ES9IUIRE Attorney for Plaintiff 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." - lb 4. PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. SCOTT WIEST A/K/A SCOTT A. WIEST Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3182 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. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff c By: I RD s ' ?ri Francis S. Hallinan, Esquire Date: 07-10-08 PHS #: 178152 VERIFICATION RMSBAW hereby states that he/she is of COUNTRYWIDE HOME LOANS, 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 unswom falsification to authorities. n Name: KERISEWAN,ASSISTANtVICE PRESIDEW DATE: Title: Company: COUNTRYWIDE HOME LOANS, INC. File #: 178152 A 1 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 COUNTRYWIDE HOME LOANS, INC. Plaintiff VS. SCOTT WIEST A/K/A SCOTT A. WIEST Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3182 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: SCOTT WIEST A/K/A SCOTT A. WIEST 7413 WERTZVILLE ROAD CARLISLE, PA 17015-9028 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By T ?t?? S • rl Francis S. Hallinan, Esquire Date: 07-10-08 C N n 'n c_ i - r n -`? N At. t > PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORI?~CLOS `RY.), P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. No. 08-3182 CIVIL TERA1 SCOTT WIEST A/K/A SCOTT A. WIEST Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due Interest from 07/01/2008 - 12/10/2008 (per diem -$18.14) Add' I Costs TOTAL $110,335.27 $2,956.82 and Costs $1.778.50 $115,070.59 5 DANIEL G. SCHMIEG, ESQUIT One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 14e (.' Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction .`i: plaintiff. It may not be sold in the absence of a represer'a:, - _o_f the plaintiff atthe Sheriff's Sale. The sale must be poi x or stayed in the event that a representative of the plaintiff ?:, present at the sale. 178152 d H z ?a w ? p OH d H o ? 0o E., V W A a? O t Cr ?" F Ww F ? O O p? R A3 o 0 SU -? r v? W 0 d w In 0 N d a w a V O w a N x 3 M b 04 zi Lw u g oo o g o Oj -0 D N N G 3 i - 77 - Ul k Tv COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. SCOTT WIEST A/K/A SCOTT A. WIEST Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3182 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) COUNTRYWIDE HOME LOANS, 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 ,7413 WERTZVILLE ROAD, CARLISLE, PA 17015. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SCOTT WIEST A/K/A SCOTT A. WIEST 7413 WERTZVILLE ROAD CARLISLE, PA 17015 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) Timothy A. Wiest and Susan A. Wiest 1927 Monterey Drive Mechanicsburg, PA 17050 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 7413 WERTZVILLE ROAD CARLISLE, PA 17015 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. August 4, 2008 .b CJ " 'Q??J DATE DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff '?. ^? ?r CA ? :. V? 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 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. SCOTT WIEST A/K/A SCOTT A. WIEST Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3182 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 unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff C?". cry -;1 =. ,.? ?-- ? ?',2 ?.y ., rr:, n ; ?., v? ?::. ?? r,??? t,.. ?. .V . COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. SCOTT WIEST A/K/A SCOTT A. WIEST Defendant(s). CUMBERLAND COUNTY No. 08-3182 CIVIL TERM August 4, 2008 TO: SCOTT WIEST A/K/A SCOTT A. WIEST 7413 WERTZVILLE ROAD CARLISLE, PA 17015 * *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 BANKRUPTCYAND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OFA LIENAGAINST PROPERTY. ** Your house (real estate) at, 7413 WERTZVILLE ROAD, CARLISLE, PA 17015, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $110,335.27 obtained by COUNTRYWIDE HOME LOANS, 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. V.. 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 Sheriff s 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 (800) 990-9108 LEGAL DESCRIPTION w ~ ALL that certain lot of land situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the southern side of Wertzville Road, Pa. Routes 944 and 569, (L.R. 21001) (60 feet ROW), said point of beginning being five hundred ninety-eight and eighty-four hundredths (598.84) feet from the western extremity of a curve having a radius of twenty (20) feet and a length of thirty-one and seventy-three hundredths (31.73) feet connecting the southern line of Wertzville Road and the western line of Oak Lane, and being also at the northwestern corner of Lot No. 2 on the hereinafter mentioned Plan of Lots; thence by Lot No. 2 South 19 degrees 46 minutes 03 seconds West a distance of one hundred fifty and six hundredths (150.06) feet to an iron pin at land, now or formerly, of Harry S. Thom's heirs; thence by the same North 32 degrees 11 minutes 23 seconds West a distance of two hundred seventy and ninety hundredths (270.90) feet to an iron pin on the southern side of the Wertzville Road; thence by the Wertzville Road, South 65 degrees 42 minutes 25 seconds East a distance of two hundred fourteen and one hundredths (214.01) feet. BEING Lot No. 1 on the Resubdivision Plan of Lots 1-7 on Section A, Regency Woods, as recorded in Cumberland County Plan Book 31, Page 16. AS SURVEYED by Gerrit J. Betz Associates, Inc., November 11, 1976, Drawing No. 76558-A, and containing 16,007 square feet. BEING THE SAME PREMISES VESTED IN Scott Wiest, a single man, by Deed from Scott A. Wiest and Christine L. Wiest, fka, Christine L. Reichert, his wife, dated 04/20/2004, recorded 05/11/2004, in Deed Book 262, page 4763. PREMISES BEING: 7413 WERTZVILLE ROAD, CARLISLE, PA 17015 PARCEL NO. 21-11-3031-001 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3182 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From SCOTT WIEST a/k/a SCOTT A. WIEST (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 $110,335.27 L.L.$ 0.50 Interest from 7/01/08 to 12/10/08 (per diem - $18.14) - $2,956.82 and Costs Atty's Comm % Atty Paid $153.00 Plaintiff Paid Date: 8/05/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $1,778.50 /-? du-x"- P, cm? Proth otary By: Deputy Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 R1 ' AFFIDAVIT OF SERVICE PLAINTIFF COUNTRYWIDE HOME LOANS, INC. DEFENDANT(S) SCOTT WIEST A/K/A SCOTT A. WIEST SERVE SCOTT WIEST A/K/A SCOTT A. WIEST AT: 7413 WERTZVILLE ROAD CARLISLE, PA 17015 CUMBERLAND COUNTY No. 08-3182 CIVIL TERM ACCT. #178152 Type of Action - Notice of Sheriff's Sale Sale Date: DECEMBER 10, 2008 SERVED Served and made known to 5'071 W11 F_5T Defendant, on the ( gehA day of ST, 20?S at 1:31 , o,ciock P .m., at -74 i3 YUEwrTxv is E 'k oo , 0'AQL1S L E , Commonwealth of Pennsylvania, in the manner described below: V Defendant personally served. Adult family member with whom Defendant(s) reside(s). Name and Relationship is Adult in charge of Defendant(s)'s residence who refused to give name or relationship. Manager/Clerk of place of lodging in which Defendant(s) reside(s). Agent or person in charge of Defendant(s)'s office or usual place of business. an officer of said Defendant(s)'s company. Other: Description: Age _4Q_s Height 5"?" Weight -a o Race 1,-J Sex Al Other I, PDWk -A 6 LL- , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Notice of Sheriffs Sale in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Swom to and sub ribed before me this of ? , 200 No By: VICE AT LEAST 3 TIMES. INDICATE DATES & TIMES F SERVICE ATTEMPTED. NOTARY PUKX STATE OF NEW JERSEY NOT SERVED M? COMMISSION EXPIRES 16/2512012 n e day of , 200_, at o'clock .m., Defendant NOT FOUND because: Moved Unknown No Answer Vacant 1St Attempt: I / Time: 2°d Attempt: Time: 3rd Attempt: Time: Sworn to and subscribed before me this day of 200_. Notary: Attorney for Plaintiff DANIEL G. SCHMIEG, Esquire - I.D. No. 62205 One Penn Center at Suburban Station, Suite 1400 By: 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 5 //170 eu ca PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SCOTT WIEST No. 08-3182 CIVIL TERM A/K/A SCOTT A. WIEST Defendant PLAINTIFF'S MOTION TO REASSESS DAMAGES Plaintiff, by its Attorney, Michele M. Bradford, Esquire, moves the Court to direct the Prothonotary to amend the judgment in this matter, and in support thereof avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint on May 20, 2008, a true and correct copy of which is attached hereto, made part hereof, and marked as Exhibit "A". 2. Judgment was entered on July 1, 2008 in the amount of $110,335.27. A true and correct copy of the praecipe for judgment is attached hereto, made part hereof, and marked as Exhibit "B". 3. Pursuant to Pennsylvania Rule of Civil Procedure 1037(b)(1), a default judgment containing a dollar amount must be entered for the amount claimed in the complaint and any item which can be calculated from the complaint, i.e. bringing the interest current. However, new items cannot be added at the time of entry of the judgment. 4. The Property is listed for Sheriffs Sale on December 10, 2008. 5. Additional sums have been incurred or expended on Defendant's behalf since the Complaint was filed and Defendant has been given credit for any payments that have been made since the judgment. The amount of damages should now read as follows: Principal Balance $104,905.85 Interest Through December 10, 2008 $6,315.17 Per Diem $16.89 Late Charges $227.71 Legal fees $1,325.00 Cost of Suit and Title $801.50 Sheriffs Sale Costs $0.00 Property Inspections/ Property Preservation $222.50 Appraisal/Brokers Price Opinion $0.00 Mortgage Insurance Premium / $0.00 Private Mortgage Insurance Non Sufficient Funds Charge $0.00 Suspense/Misc. Credits ($130.14) Escrow Deficit $0.00 TOTAL $113,667.59 6. The judgment formerly entered is insufficient to satisfy the amounts due on the Mortgage. 7. Under the terms of the Mortgage and Pennsylvania law, Plaintiff is entitled to inclusion of the figures set forth above in the amount of judgment against the Defendant. 8. Plaintiffs foreclosure judgment is in rem only and does not include personal liability, as addressed in Plaintiff s attached brief. 9. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its proposed Motion to Reassess Damages and Order to the Defendant on October 7, 2008 and requested the Defendant's Concurrence. Plaintiff did not receive any response from the Defendant. A true and correct copy of Plaintiff's letter pursuant to Local Rule 208.3(9) and certification of mailing are attached hereto, made part hereof, and marked as Exhibit "C". 10. No judge has previously entered a ruling in this case. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. 1 allin & Schmieg, LLP DATE:. 1g] d By: Michele M. Bradfor , Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SCOTT WIEST No. 08-3182 CIVIL TERM A/K/A SCOTT A. WIEST Defendant MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES 1. BACKGROUND OF CASE SCOTT WIEST A/K/A SCOTT A. WIEST executed a Promissory Note agreeing to pay principal, interest, late charges, real estate taxes, hazard insurance premiums, and mortgage insurance premiums as these sums became due. Plaintiffs Note was secured by a Mortgage on the Property located at 7413 WERTZVILLE ROAD, CARLISLE, PA 17015-9028. The Mortgage indicates that in the event a default in the mortgage, Plaintiff may advance any necessary sums, including taxes, insurance, and other items, in order to protect the security of the Mortgage. In the instant case, Defendant defaulted under the Mortgage by failing to tender numerous, promised monthly mortgage payments. Accordingly, after it was clear that the default would not be cured, Plaintiff commenced the instant mortgage foreclosure action. Judgment was subsequently entered by the Court, and the Property is currently scheduled for Sheriffs Sale. Because of the excessive period of time between the initiation of the mortgage foreclosure action, the entry of judgment and the Sheriffs Sale date, damages as previously assessed are outdated and need to be adjusted to include current interest, real estate taxes, insurance premiums, costs of collection, and other expenses which Plaintiff has been obligated to pay under the Mortgage in order to protect its interests. It is also appropriate to give Defendant credit for monthly payments tendered through bankruptcy, if any. II. LEGAL ARGUMENT TO AMEND PLAINTIFF'S IN REM JUDGMENT It is settled law in Pennsylvania that the Court may exercise its equitable powers to control the enforcement of a judgment and to grant any relief until that judgment is satisfied. 20 P.L.E., Judgments § 191. Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319,321 (1958). Chase Home Mortgage Corporation of the Southwest v Good, 537 A.2d 22, 24 (Pa.Super. 1988). The Pennsylvania Superior Court has repeatedly cited the right of a foreclosing creditor to amend its judgment prior to the Sheriffs sale. Nationsbanc Mortgage Com v Grillo, 827 A.2d 489 (Pa.Super. 2003). Morgan Guaranty Trust Co. ofN.Y. v Mowl, 705 A.2d 923 (Pa. Super. 1998). Union National Bank of Pittsburgh v Cion oli, 407 Pa. Super. 171, 595 A.2d 179 (1991). The Supreme Court of Pennsylvania recognized in Landau v. Western Pa. Nat. Bank, 445 Pa. 117, 282 A.2d 335 (1971), that the debt owed on a Mortgage is subject to change and, in fact, can be expected to change from day to day because the bank must advance sums in order to protect its collateral. Because a Mortgage lien is not extinguished until the debt is paid, Plaintiff must protect its collateral up until the date of sale. Beckman v. Altoona Trust Co., 332 Pa. 545, 2 A.2d 826 (1939). Because a judgment in mortgage foreclosure is strictly in rem, it is critical that the judgment reflect those amounts expended by the Plaintiff in protecting the property. Meco Reality Company v. Burns, 414 Pa. 495, 200 A.2d 335 (1971). Plaintiff submits that if it goes to sale without the requested amended judgment, and if there is competitive bidding for the Property, Plaintiff will suffer a significant loss in that it would not be able to recoup monies it advanced to protect its interests. Conversely, amending the in rem judgment will not be detrimental to Defendant as it imputes no personal liability. In B.C.Y. v. Bukovich, the Pennsylvania Superior Court reiterated its long standing rule that a Court has the inherent power to correct a judgment to conform to the facts of a case. 257 Pa. Super. 157, 390 A.2d 276 (1978). In the within case, the amount of the original judgment does not adequately reflect the additional sums due on the Mortgage due to Defendant's failure to tender payments during the foreclosure proceeding and the advances made by the mortgage company. The Mortgage plainly requires the mortgagor to tender to the mortgagee monthly payments of principal and interest until the Promissory Note accompanying the Mortgage is paid in full. The mortgagor is also required to remit to the mortgagee sufficient sums to pay monthly mortgage insurance premiums, fire insurance premiums, taxes and other assessments relating to the Property. The mortgagor has breached the terms of the Mortgage, and Plaintiff has been forced to incur significant unjust financial losses on this loan. III. THE FORECLOSURE JUDGMENT IS IN REM ONLY The within case is a mortgage foreclosure action, the sole purpose of which is to take the mortgaged property to Sheriffs Sale. Pennsylvania law makes clear that an action in mortgage foreclosure is strictly in rem and does not include any personal liability. Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993). Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978). Pennsylvania Rule of Civil Procedure 1141(a). However, Pennsylvania law requires that the foreclosure action demand judgment for the amount due. Pa.R.C.P. 1147(6). The purpose of the dollar amount in the in rem judgment is for bidding at the Sheriffs Sale. In the event that a third party real estate speculator were to bid on the mortgaged property at the Sheriffs Sale and become the successful purchaser, Plaintiff would receive the amount of the in rem judgment from the Sheriff. IV. INTEREST The Mortgage clearly requires that the Defendant shall promptly pay when due the principal and interest due on the outstanding debt. In addition, the Note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest from 30 days prior to the date of default through the date of the impending Sheriff s sale has been requested. V. TAXES AND INSURANCE If Plaintiff had not advanced monies for taxes and insurance throughout the foreclosure proceeding, Plaintiff would have risked loss of its collateral. If the Property were sold at a tax sale, Plaintiffs interest very well may be divested, and Plaintiff would sustain a complete loss on the outstanding balance due on the loan. If the Property were damaged in a fire, Plaintiff would not be able to obtain insurance proceeds to restore the Property if it did not pay the insurance premiums. Most importantly, the Mortgage specifically provides that the mortgagee may advance the monies for taxes and insurance and charge these payments against the escrow account. Plaintiff is simply seeking to have the Court enforce the terms of the Mortgage. VI. ATTORNEY'S FEES The amount of attorney's fees requested in the Motion to Reassess Damages is in accordance with the loan documents and Pennsylvania law. Pennsylvania Courts have long and repeatedly concluded that a request of five percent of the outstanding principal balance is reasonable and enforceable as an attorney's fee. Robinson v. Loomis, 51 Pa. 78 (1865); First Federal Savings an d Loan Association v. Street Road Shopping Center, 68 D&C 2d 751, 755 (1974). In Federal Land Bank of Baltimore v. Fetner, the Superior Court held that an attorney's fee of ten percent of the original mortgage amount is not unconscionable. 410 A.2d 344 (Pa. Super. 1979). Recently, the Superior Court cited Fetner in confirming that an attorney's fee of ten percent included in the judgment in mortgage foreclosure action was reasonable. Citicorp v. Morrisville Hampton Realty, 662 A.2d 1120 (Pa. Super. 1995). Importantly, Plaintiff recognizes this Honorable Court's equitable authority to set attorney's fees and costs as it deems reasonable. VII. CONCLUSION Therefore, Plaintiff respectfully submits that if the enforcement of its rights is delayed by legal proceedings, and such delays require the mortgagee to expend additional sums provided for by the Mortgage, then the expenses necessarily become part of the mortgagee's lien and should be included in the judgment. Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. Plaintiff submits that it has acted in good faith in maintaining the Property in accordance with the Mortgage, and has relied on terms of the Mortgage with the understanding that it would recover the monies it expended to protect its collateral. WHEREFORE, Plaintiff respectfully requests that this Honorable Court amend the judgment as requested. DATE: 01 I b n h hmieg, LLP By: liichchele re M. Esqui e Attorney for Plaintiff Exhibit "A" 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 LAUREN R. TABAS, ESQ., Id. No. 93337 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 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 178152 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 V. Plaintiff fV ? W 7J V;:? iT1fi. :m - 2 ? T `?, r C7 m 7 c? c 5 w ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. 63- 316a CwitT' CUMBERLAND COUNTY SCOTT WIEST A/K/A SCOTT A. WIEST 7413 WERTZVILLE ROAD CARLISLE, PA 17015 ? tsYI:' igae arid Defendant COrv c- `, c C,Py Of the ! F1 CIVIL €?? 1q6 a,5619d of Pecos ACTION -LAW PLEASE ?IDMPLAINT IN MORTGAGE FORECLOSURE ATE File #: 178152 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 N: 178152 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 #: 178152 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 #: 178152 1. Plaintiff is COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: SCOTT WIEST A/K/A SCOTT A. WIEST 7413 WERTZVILLE ROAD CARLISLE, PA 17015 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/14/2004 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to OAK STREET MORTGAGE, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1881, Page 4409. By Assignment of Mortgage recorded DATE the mortgage was assigned to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., which Assignment is recorded in Assignment of Mortgage Book No. 732, Page 196. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. 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 01/01/2008 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 #: 178152 6. The following amounts are due on the mortgage: Principal Balance $104,905.85 Interest $2,841.92 12/01/2007 through 05/15/2008 Attorney's Fees $1,250.00 Cumulative Late Charges $130.12 09/14/2004 to 05/15/2008 Cost of Suit and Title Search $550.00 Subtotal $109,677.89 Escrow Credit ($130.14) Deficit $0.00 Subtotal $130.14 TOTAL $109,547.75 7 8. 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 11: 178152 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 $109,547.75, together with interest from 05/15/2008 at the rate of $17.12 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: d?'IK-o7 S WREN E T. P AN, ESQUIRE RANCIS S. HALL AN, ESQUIRE DANIEL G. SCHMIEG, ESQUIRE MICHELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ESQUIRE JAY B. JONES, ESQUIRE PETER MULCAHY, ESQUIRE ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 178152 LEGAL DESCRIPTION ALL that certain lot of land situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the southern side of Wertzville Road, Pa. Routes 944 and 569, (L.R. 21001) (60 feet ROW), said point of beginning being five hundred ninety-eight and eighty- four hundredths (598.84) feet from the western extremity of a curve having a radius of twenty (20) feet and a length of thirty-one and seventy-three hundredths (31.73) feet connecting the southern line of Wertzville Road and the western line of Oak Lane, and being also at the northwestern corner of Lot No. 2 on the hereinafter mentioned Plan of Lots; thence by Lot No. 2 South 19 degrees 46 minutes 03 seconds West a distance of one hundred fifty and six hundredths (150.06) feet to an iron pin at land, now or formerly, of Harry S. Thom's heirs; thence by the same North 32 degrees 11 minutes 23 seconds West a distance of two hundred seventy and ninety hundredths (270.90) feet to an iron pin on the southern side of the Wertzville Road; thence by the Wertzville Road, South 65 degrees 42 minutes 25 seconds East a distance of two hundred fourteen and one hundredths (214.01) feet. BEING Lot No. 1 on the Resubdivision Plan of Lots 1-7 on Section A, Regency Woods, as recorded in Cumberland County Plan Book 31, Page 16. PARCEL NO.21-11-303 1 -001 PROPERTY BEING: 7413 WERTZILLE ROAD File #: 178152 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter outside theiur'isdiction of the Co 'that Plaintiff is urt and/or the, verification could not be obtained the time allowed for the filing of the pleadin within g, that I am authorized to make this verification pursuant to Pa.R.C.P. 1424 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are ba. scxi upon informatiu n supplied by Plaintiff and are true and correct to. the best of my knowledge, information Furthermore and belief. , counsel. intends to substitute a verification from Plaintiff upon recei The undersigned unders pt' Lands that this statement is made subject to the penalties of I8 Pa.C.S..Sec. 4904 relating to unworn falsifications to authorities. Attorney for Plat iff DATE: T /( ?? Exhibit "B" 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 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE CUMBERLAND COUNTY PLANO, TX 75024 COURT OF COMMON PLEAS Pla:ntifF nn?rr nnglOly CIVIL D 11 V. NO. 08-3182 CIVIL TERM' o SCOTT WIEST A/K/A SCOTT A. WIEST 7413 WERTZVILLE ROAD --n CARLISLE, PA 17015 Y ^'?= 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 SCOTT WIEST A/K/A SCOTT A. WIEST, Defendant(s) for failure to file an Answer to Plaintiff S, 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 $109,547.75 Interest from 05/16/2008 to 06/30/2008 $787.52 TOTAL $110,335.27 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. DANIEL G. SCHMIEG, SQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: 2008 PR PROTHY 178152 Exhibit "C" PHELAN HALLINAN & SCHMIEG, LLP 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103 (215) 563-7000 FAX#: (215) 563-3459 michele.bradford@fedphe.com Michele M. Bradford, Esquire Representing Lenders in Pennsylvania and New Jersey October 7, 2008 SCOTT WIEST A/K/A SCOTT A. WIEST 7413 WERTZVILLE ROAD CARLISLE, PA 17015-9028 RE: COUNTRYWIDE HOME LOANS, INC. v. SCOTT WIEST, A/K/A SCOTT A. WIEST Premises Address: 7413 WERTZVILLE ROAD CARLISLE, PA 17015 CUMBERLAND County CCP, No. 08-3182 CIVIL TERM Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion to Reassess Damages and Order. In accordance with Cumberland County Local Rule 208.3(9), I am seeking your concurrence with the requested relief that is, increasing the amount of the judgment. Please respond to me by Monday, October 13, 2008. Should you have further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. 1 yours, Michele 14' 4 Bra fFor Phelan Hallinan & Schmieg, LLP Enclosure O a? a a W o `-r x? U ..o d? U as a? C ? y O TJ ? ze0 O.O A ? y C> C O E C? v v ° Gov o Q [n E L N V V xd E U Gi4 E c R V ?3 G O C R o. ? o ? Uj , E dIZ WON_ ?31,VW 8002 L O l Xd ?? . 0 L08 LZb00 a0t '60 0 $ wL " in, ta ? ? z0 G 5-10JK?0 A3NLd _ Ammar .? v•• - moo/. 7T Q `5 J •E ?`y. v ? E d?? 1 x E `?d S31 U 'P Lxj W U c b ? 'R G N N N V fry N W {? bU. N N d' oo js, = vg W w 0 n 8 Vf .5! a o°Go?a E 'u O G Iq VJ rA ?.. w v('0 ? ?ao? ? ? F'? yen Q' "O M V ? S O W o o ? a ? a .b IC E C 00 U p a ° w y a O Q •? W a ~ W a0 4.4 V] ° o p ? d z? Z v? U F a N 00 U .y p v N w A u E y a. -- N M ? ? ?O t? 00 O? O N M :1 v? H VERIFICATION Michele M. Bradford, Esquire, hereby states that she is the attorney for Plaintiff in this action, that she is authorized to make this verification, and that the statements made in the foregoing Motion to Reassess Damages are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. §4904 relating to unworn falsification to authorities. Ti Sc:Es eg, LLP DATE: I D By: TMie M. Bradford, quiAttorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff V. SCOTT WIEST A/K/A SCOTT A. WIEST Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3182 CIVIL TERM CERTIFICATION OF SERVICE I hereby certify that true and correct copies of Plaintiffs Motion to Reassess Damages, and Brief in Support thereof, were sent to the following individuals on the date indicated below. SCOTT WIEST A/K/A SCOTT A. WIEST 7413 WERTZVILLE ROAD CARLISLE, PA 17015-9028 DATE: (ol 14 1 0 b 1 ' an & ieg, LLP By: Michele M. Bradford, squire Attorney for Plaintiff c :7 r?+ t, COUNTRYWIDE HOME LOANS, INC. PLAINTIFF V. SCOTT WIEST A/K/A SCOTT A. WIEST DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA : NO. 08-3182 CIVIL ORDER OF COURT AND NOW, this 24 1h day of March, 2008, upon consideration of the Motion to Reassess Damages filed by the Plaintiff, IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before November 10, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ? Michele M. Bradford, Esquire Attorney for Plaintiff Zscott Wiest, a/k/a Scott A. Wiest Defendant bas 'I F 1012/08 1* M. L. Ebert, Jr., J -Z COUNTRYWIDE HOME LOANS, INC. PLAINTIFF V. SCOTT WIEST A/K/A SCOTT A. WIEST DEFENDANT IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA NO. 08-3182 CIVIL AMENDED ORDER OF COURT AND NOW, this 22nd day of October, 2008, the Order of Court dated March 24, 2008 should really have been dated October 21, 2008, the remainder of the Order shall be in full force and effect. IT IS HEREBY ORDERED AND DIRECTED that: 1. A Rule is issued upon the Defendant to show cause why the relief requested should not be granted; 2. The Defendant will file an answer on or before November 10, 2008; 3. If no answer to the Rule to Show cause is filed by the required date, the relief requested by Plaintiff shall be granted upon the Court's receipt of a Motion requesting Rule be made Absolute. If the Defendant files an answer to this Rule to Show Cause, the Court will determine if further order or hearing is necessary. 4. The Prothonotary is directed to forward said Answer to this Court. By the Court, ? Michele M. Bradford, Esquire Attorney for Plaintiff Scott Wiest, a/k/a Scott A. Wiest Defendant bas CO t F'S' ?'1`at l lS.? P rA, -t Ql-,? ? M. L. Eb rt, Jr., J. 10/2. 1 o? dl 4;Ai Y no I I • I ! WV N DO soot 3Hi JO PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire ATTORNEY FOR PLAINTIFF Atty. I.D. No. 69849 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Court of Common Pleas Plaintiff V. SCOTT WIEST A/K/A SCOTT A. WIEST Civil Division CUMBERLAND County No. 08-3182 CIVIL TERM Defendant CERTIFICATION OF SERVICE I hereby cert4thatt true and correct copy of our Motion to Reassess Damages noting a Rule Return date of was sent to the following individual on the date indicated below. SCOTT WIEST A/K/A SCOTT A. WIEST 7413 WERTZVILLE ROAD CARLISLE, PA 17015-9028 DATE: By: 11 P MMBrad8fordc, Esquire squire Attorn ey for Plaintiff ?" .,.:'. { t.:? u .....i R .W _: «, w. ?" „i ?7". F ?¢1 -{ r 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 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. Plaintiff vs SCOTT WIEST A/K/A SCOTT A. WIEST Defendant TO THE PROTHONOTARY: Court of Common Pleas : I Civil Division : I CUMBERLAND County : I No. 08-3182-CIVIL TERM PHS#178152 PRAECIPE Please mark the above referenced case Discontinued and Ended without prejudice. Please mark the above referenced case Settled, Discontinued and Ended. Please mark Judgments satisfied and the Action settled, discontinued and ended. X Please Vacate the judgment entered and mark the action discontinued and ended without prejudice. Date: November 17, 2008 Francis S. Hallinan Attorney for Plaintiff "? !?.a ?- <?.?i r„s ? _t'? ?? ? :.? <.°? ? t'l'1 ?7 -._. ? j ? T eb ?. $ s ; ? ? C 7 ; J ? ... -?j ..,.. c ?? -j rk UI a t3 _? .. .M '-+ O W b ? -A r . IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA COUNTRYWIDE HOME LOANS, INC. Plaintiff V. SCOTT WIEST A/K/A SCOTT A. WIEST Defendant(s) CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3182 CIVIL TERM AFFIDAVIT OF SERVICE PURSUANT TO RULE 3129 COMMONWEALTH OF PENNSYLVANIA ) COUNTY OF CUMBERLAND COUNTY ) SS: Plaintiff in the above action sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 7413 WF.RT7.VTT LE RC)AT); CARLISLE, PA 17015. As required by Pa. R.C.P. 3129.2(a) Notice of Sale has been given to Lienholders in the manner required by Pa. R.C.P. 3129.2(c) on each of the persons or parties named, at that address set forth on the Affidavit No. 2 (previously filed) and/or Amended Affidavit No. 2 on the date indicated. A copy of the Certificate of Mailing (Form 3817) and/or Certified Mail Return Receipt stamped by the U.S. Postal Service is attached for each notice. 0" ly. 5c" DANIEL G. SCHMIEG, ESQUI Attorney for Plaintiff Date: November 10, 2008 IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. I may not he cold in the ahcence of a repr s nta ive of the plaintiff a he Sheriff c Sale. The sale must be postponed or stayed in the event that a representative of the plaintiff is not present at the sale. 178152 x...f ^. e 1 'a A a a O :° a G ZOO . • - 0 4 l 3000 dIZ WONJ 0311VW o cos ? U ' 0 zo 81 TO $ V SWO o O 1-a N ? o o o 00 [. r M ?a 3 a ° m ? w O N A ~ 10 3 3 ai U z mo ?a w Q o wo ? c N :fl 3 > Q E+ '? ` 4. 10 eel 8 F+ m a m o a F, a is 3 -+ N M v In ?o t? oo in ,__ :r . =; ?.z ;,,?, a?,} ' ??? < 4?Y? - E?.,.- ?? _.C, ?.,_.^ , Countrywide Home Loans, Inc. VS Scott Wiest a/k/a Scott A. Wiest In the Court of Common Pleas of Cumberland County, Pennsylvania Writ No. 2008-3182 Civil Term Mark Conklin, Deputy Sheriff, who being duly sworn according to law, states that on August 25, 2008 at 2015 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Scott Wiest a/k/a Scott A. Wiest by making known unto Scott Wiest personally, at 7413 Wertzville Road, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copies of the same. Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on October 9, 2008 at 0857 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Scott Wiest, a/k/a Scott A. Wiest, located at 7413 Wertzville Road, Carlisle, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and Description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit: Scott Wiest, a/k/a Scott A. Wiest, by regular mail to his last known address of 7413 Wertzville Road, Carlisle 17013. This letter was mailed under the date of October 6, 2008 and never returned to the Sheriffs Office. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Daniel Schmieg. Sheriffs Costs: Docketing 30.00 Poundage 228.11 Advertising 15.00 Posting Bills 15.00 Law Library .50 Prothonotary 2.00 Mileage 14.00 Levy 15.00 Surcharge 20.00 Law Journal 389.00 Patriot News 390.08 Share of Bills 14.92 $1,133.61 12fo5'?ng- So Answers:%??' ,?? R. Thomas Kline, Sheriff BY Real Estate S eant Co- ?d ? L-- s e k L--? a-u .? / P() q j COUNTRYWIDE HOME LOANS, INC. CUMBERLAND COUNTY ki Plaintiff, V. COURT OF COMMON PLEAS SCOTT WIEST A/K/A SCOTT A. WIEST CIVIL DIVISION Defendant(s). NO. 08-3182 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 (Affidavit No. l) COUNTRYWIDE HOME LOANS, 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 ,7413 WERTZVILLE ROAD, CARLISLE, PA 17015. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) SCOTT WIEST A/K/A SCOTT A. WIEST 7413 WERTZVILLE ROAD CARLISLE, PA 17015 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) Timothy A. Wiest and Susan A. Wiest 1927 Monterey Drive Mechanicsburg, PA 17050 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 7413 WERTZVILLE ROAD CARLISLE, PA 17015 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. August 4, 2008 8 Sad t x DATE DANIEL G. SCHMIEG, ESQUII Attorney for Plaintiff f COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. SCOTT WIEST A/K/A SCOTT A. WIEST Defendant(s). CUMBERLAND COUNTY No. 08-3182 CIVIL TERM August 4, 2008 TO: SCOTT WIEST A/K/A SCOTT A. WIEST 7413 WERTZVILLE ROAD CARLISLE, PA 17015 **THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOUHAVE PREVIOUSLYRECEIVED A DISCHARGE IN BANKRUPTCYAND 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, 7413 WERTZVILLE ROAD, CARLISLE, PA 17015, is scheduled to be sold at the Sheriff s Sale on DECEMBER 10, 2008 at 10:00 a.m. in the Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court judgment of $110,335.27 obtained by COUNTRYWIDE HOME LOANS, 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. IV 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 (800) 990-9108 9' LEGAL DESCRIPTION I ? ALL that certain lot of land situate in Middlesex Township, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the southern side of Wertzville Road, Pa. Routes 944 and 569, (L.R. 21001) (60 feet ROW), said point of beginning being five hundred ninety-eight and eighty-four hundredths (598.84) feet from the western extremity of a curve having a radius of twenty (20) feet and a length of thirty-one and seventy-three hundredths (31.73) feet connecting the southern line of Wertzville Road and the western line of Oak Lane, and being also at the northwestern corner of Lot No. 2 on the hereinafter mentioned Plan of Lots; thence by Lot No. 2 South 19 degrees 46 minutes 03 seconds West a distance of one hundred fifty and six hundredths (150.06) feet to an iron pin at land, now or formerly, of Harry S. Thom's heirs; thence by the same North 32 degrees 11 minutes 23 seconds West a distance of two hundred seventy and ninety hundredths (270.90) feet to an iron pin on the southern side of the Wertzville Road; thence by the Wertzville Road, South 65 degrees 42 minutes 25 seconds East a distance of two hundred fourteen and one hundredths (214.01) feet. BEING Lot No. 1 on the Resubdivision Plan of Lots 1-7 on Section A, Regency Woods, as recorded in Cumberland County Plan Book 31, Page 16. AS SURVEYED by Gerrit J. Betz Associates, Inc., November 11, 1976, Drawing No. 76558-A, and containing 16,007 square feet. BEING THE SAME PREMISES VESTED IN Scott Wiest, a single man, by Deed from Scott A. Wiest and Christine L. Wiest, fka, Christine L. Reichert, his wife, dated 04/20/2004, recorded 05/11/2004, in Deed Book 262, page 4763. PREMISES BEING: 7413 WERTZVILLE ROAD, CARLISLE, PA 17015 PARCEL NO. 21-11-3031-001 WRIT OF EXECUTION and/or ATTACHMENT 10 COMMONWEALTH OF PENNSYLVANIA) NO 08-3182 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS, INC., Plaintiff (s) From SCOTT WIEST a/k/a SCOTT A. WIEST (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 $110,335.27 L.L.$ 0.50 Interest from 7/01/08 to 12/10/08 (per diem - $18.14) - $2,956.82 and Costs Atty's Comm % Atty Paid $153.00 Plaintiff Paid Date: 8/05/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs $1,778.50 5 d.,(.- P &X?- Pro ?11?0t-ka By: K. 41U Deputy Name: DANIEL G. SCHMIEG, ESQUIRE Address: PHELAN HALLINAN & SCHMIEG, LLP ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BOULEVARD, SUITE 1400 PHILADELPHIA, PA 19103-1814 Attorney for: PLAINTIFF Telephone: 215-563-7000 Supreme Court ID No. 62205 Real Estate Sale # 36 On August 21, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Middlesex Township, Cumberland County, PA Known and numbered as 7413 Wertzville Road, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 21, 2008 By: \l Real O4erggeant' PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 31, November 7 and November 14, 2008 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie SWORN TO AND SUBSCRIBED before me this 4 day of November, 2008 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My COMMInlon EXPlres Apr 28, 2010 REAL ESTATE SALE NO. 36 Writ No. 2008-3182 Civil Countrywide Home Loans, Inc. vs. Scott Wiest a/k/a Scott A. Wiest Atty.: Daniel G. Schmieg LEGAL DESCRIPTION ALL that certain lot of land situate in Middlesex Township, Cumber- land County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at an iron pin on the southern side of Wertzville Road, Pa. Routes 944 and 569, (L.R. 21001) (60 feet ROW), said point of begin- ning being five hundred ninety-eight and eighty-four hundredths (598.84) feet from the western extremity of a curve having a radius of twenty (20) feet and a length of thirty-one and seventy-three hundredths (31.73) feet connecting the southern line of Wertzville Road and the western line of Oak Lane, and being also at the northwestern corner of Lot No. 2 on the hereinafter mentioned Plan of Lots; thence by Lot No. 2 South 19 degrees 46 minutes 03 seconds West a distance of one hundred fifty and six hundredths (150.06) feet to an iron pin at land, now or formerly, of Harry S. Thom's heirs; thence by the same North 32 degrees 11 minutes 23 seconds West a distance of two hundred seventy and ninety hun- dredths (270.90) feet to an iron pin on the southern side of the Wertzville Road; thence by the Wertzville Road, South 65 degrees 42 minutes 25 seconds East a distance of two hun- dred fourteen and one hundredths (214.01) feet. BEING Lot No. 1 on the Resub- division Plan of Lots 1-7 on Section A, Regency Woods, as recorded in Cumberland County Plan Book 31, Page 16. AS SURVEYED by Gerrit J. Betz Associates, Inc., November 11, 1976, Drawing No. 76558-A, and contain- ing 16,007 square feet. BEING THE SAME PREMISES VESTED IN Scott Wiest, a single man, by Deed from Scott A. Wiest and Christine L. Wiest, fka, Chris- tine L. Reichert, his wife, dated 04/20/2004, recorded 05/ 11/2004, in Deed Book 262, page 4763. PREMISES BEING: 7413 WERTZ- VILLE ROAD, CARLISLE, PA 17015. PARCEL NO. 21-11-3031-001. Thq Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE 14t Patriot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Joseph A. Dennison, being duly sworn according to law, deposes and says: That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/29/08 11/05/08 11/12/08 ,. D. nutaiy ruunG COMMpNyyEALTH OF PENNSYLVANIA Notfti Seal wee L finer, Notary pubk City Of Hwftburg, Dauphn c«mly My Con Bores Nov. 28, 2011 Member, Pennsylvania Aasodadon of Notaries Real Estate Sale No. 36 Writ No. 2008-3182 Civil Tenn Countrywkis Home Loans, Inc. VS Scott Wiest aws Scott A. Wiest Attorney Daniei Schmieg LEGAL DESCRIPTION ALL that certain lot of land situate in Middlesex Township, Cumberland County, Penusyivama, more particularly bounded'and described as follows: BEGINNING at an iron pin on the southern side of Wermville Road, Pa. Routes 944 and 569, (L.R. 21001) (60 feet ROW), said point of beginning being five hundred ninety-eight and eighty-four hundredths (598.84)- feet from the western extremity of a curve having a radius of twenty (20) feet and a length of thirty-one and seventy-three hundredths (31.73) feet connecting the southern line of Wertzville Road and the western line of Oak Lane, and being also at the northwestern corner of Lot No. 2 on the hereinafter mentioned Pfau of Lots; thence by Lot No. 2 South 19 degrees 46 minutes 03 seconds West a distanceof one hundred fifty and six hundredths (M.06) feet to an iron pin at laud, now of formerly, of Harry S. Thom's heirs; thence by the same North 32 degrees 11 minutes 23 seconds West a distance of two hundred seventy and ninety hundredths (270.90) feet to an iron pin on The southern side of the WertmIle Road; thence by the Wet tulle Road, South 65 degrees 42 minutes 25 seconds East a distance of two hundted,foutteen and one hundredths (214.01) feet BEING Lot No. I on the Resubdivision Plan of Lots 1-7 on Section A, Regency Woods, as recorded in Cumberland County Plan Book 31, Page 16. AS SURVEYED by Gerrit L Betz Associates, Inc., November 11, 1976, Drawing No. 76558- A, and containing 16,007 square feet. BEING THE SAME PREMISES VESTED IN Scott West ,.a single mm by Deed from Scott A. Wiest and Christine L. Wiest, U Christine L. Reichert, his wife, dated -04/20/2004, recorded 05/1112004, in Deed Book 262, page 4763. PREMISES BEING: 7413 WERfZVILLE ROAD, CARLISLE,?PA 17015 PARCEL NO, 21-11-3031-001 PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. ATTORNEY FOR PLAINTIFF Court of Common Pleas Plaintiff Civil Division V. CUMBERLAND County SCOTT WIEST No. 08-3182 CIVIL TERM A/K/A SCOTT A. WIEST Defendant PRAECIPE TO THE PROTHONOTARY: Plaintiff hereby withdraws its Motion to Reassess Damages, filed on v <? in the above referenced action. Phelan Hallinan & Schmieg, LLP DATE: / d -42 By: Michele M. Bradford, Esquire Attorney for Plaintiff PHELAN HALLINAN & SCHMIEG, LLP by: Michele M. Bradford, Esquire, Atty. I.D. No. 69849 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. Plaintiff V. SCOTT WIEST A/K/A SCOTT A. WIEST Defendant ATTORNEY FOR PLAINTIFF Court of Common Pleas Civil Division CUMBERLAND County No. 08-3182 CIVIL TERM CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of Plaintiff's Praecipe to withdraw its Motion to Reassess Damages was served upon the following interested parties on the date indicated below. SCOTT WIEST A/K/A SCOTT A. WIEST 7413 WERTZVILLE ROAD CARLISLE, PA 17015-9028 DATE: 116 Z., By: Phelan Hallinan & Schmieg, LLP Michele M. Bradford, Esquire Attorney for Plaintiff ra p _ t-n