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HomeMy WebLinkAbout08-3437PHELAN 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 179583 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. MICHAEL NICKY 898 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM NO. M- 343,E civil --Fm CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 179583 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 #: 179583 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 k 179583 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 #: 179583 I . 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: MICHAEL NICKY 898 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 04/20/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR FIRST MAGNUS FINANCIAL CORPORATION, AN ARIZONA CORPORATION which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1990, Page 1537. 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 #: 179583 6 The following amounts are due on the mortgage: Principal Balance $146,992.13 Interest $5,098.60 12/01/2007 through 06/03/2008 Attorney's Fees $1 250.00 Cumulative Late Charges $239.80 04/20/2007 to 06/03/2008 Cost of Suit and Title Search $550.00 Subtotal $154,130.53 Escrow Credit $0.00 Deficit $865.30 Subtotal $865.30 TOTAL $154,995.83 7 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 179583 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 $154,995.83, together with interest from 06/03/2008 at the rate of $27.56 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. PH ' N (LLINAN & SCHMIEG, LLP B: I 1(l"PHELAN, ESQUIRE FRANC S S. HALLINAN, 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 #: 179583 Prepared By. FIRST MAGNUS FINANCIAL CORPORATION 603 N. WILMOT TUCSON, AZ 85711 Return To: FIRST MAGNUS FINANCIAL CORPORATION 603 N. WILMOT TUCSON, AZ 85711 i z; y Parcel Number: 43-04-0385.021 Premises: 898 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241 [Space Above This Line For Recording Data] LOAN NO.: 1053142702 MORTGAGE MIN 100039210531427027 MFRS Phone: 1-888-679-6377 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated APRIL 20, 2007 together with all Riders to this document. (B) "Borrower" is MICHAEL NICKY Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting, solely as a nomhree for bender and Lender's successors and assigns. MERS is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint M148501-2026, tel. (888) 679-MERS. ?- Pl34NSYLVANIA raid - Single Famay - Fannie Mae RmWie Mac UNIFORM INSTRUMENT WITH MERS Form 3039 1/01 V-6A(PA) taswr.or ravel r rs Lb"R survoRr svstors INC. Mrrtseava.Nrw p5ioel JBITA (D) "Lender" is FIRST MAGNUS FINANCIAL CORPORATION, AN ARIZONA CORPORATION Lender Is a CORPORATION organized and existing under the laws of ARIZONA Lender's address is 603 North Wilmot Road, Tucson, AZ 85711 (E) "Note" means the promissory note signed by Borrower and dated APRIL 20, 2007 The Note states that Borrower owes Lender ONE HUNDRED FORTY SEVEN THOUSAND NINE HUNDRED AND NO/100 X X X X X X X X X Dollars (U.S. $ 147,900.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than MAY 01, 2037 (F) "Property" means the property that Is described below under the heading "Transfer of Rights in the Property-" (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower (check box as applicable): = Adjustable Rate Rider Condominium Rider 1-4 Family Rider Q Graduated Payment Rider Q Planned Unit Development Rider Q Biweekly Payment Rider Q Balloon Rider Rate Improvement Rider Second Home Rider Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic Instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial Institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller madtine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. (M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section S) for: (I) damage to, or destruction of, the Property; (tt) condemnation or other taking of all or any pan of the Property; (ill) conveyance in lieu of condemnation; or (tv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (I) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. V-SA(PA) w-).o+ v,r. 2 a+6 Form 3039 1101 (0) "Periodic Payment" means the regularly scheduled amount due for (I) principal and interest under the Note, plus (11) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing re?ttlatian, Regulation X (24 C.F.R. Part 3500), as they might be aneaded from time to time, to a or arty addrtional or succuxsar leglclatioa or regulation that governs the same subject matter. As cued in this Security InsAvrrnernt, "RESPA" refer to all requiuemeMs and restrictions that are imposed in regard "federa loan " muter lly related mortgage loan" even if the Loan does not qualify as a "federally related mortgage RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations tinder the Note and/or this Security Instrument. TRANSFER OF RICHTS IN THE PROPERTY This Security Instrument secures to Lender: (1) the repayment of the Loan, and all renewals, extensions and modifications of the Note: and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following described property located in the COUNTY frype of Recording Jurisdiction] of CUMBERLAND [Name of Recording Jurisdiction]: LEGAL DESCRIPTION ATTACHED HERETO AND MADE PART HEREOF ......AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF. which currently has the address of 898 GRAHAMS WOOD ROAD [Street] NEWVILLE (City) , Pennsylvania 17241 (Zip Code] ("Property Address"): TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the oregoing is referred to in this Security Instrument as the "Property-" Borrower understands and agrees that MM holds only legal title to The Interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom. MERS as nominee for Lender and Lender s successors and assigns) has the rat, to exercise any or all of those Interests, Including, but not lttnited.to, the right to foreclose and sell the Property: and to take any action required of Lender induding, but not limited to, releasing and canceling this Security Instrument. Wwc V-6A(PA) psw).o, P".3 d % Form 03S /D1 . BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges dire under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made In one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, Instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment If the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on lnapphed funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Burrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due wader the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order In which It became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment Is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments If, and to the extent that, each payment k*.* /Y;Id1/ V-6A(PA) psm oe Par 4 of 16 Form 3039 .1101 can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called "Escrow Items.* At origination or at any time during the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower falls to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation. Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may. at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (Including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires Interest to be paid on the Funds. Lender shall not be requited to pay Borrower any Interest or earnings an the Funds. Borrower and Lender can agree in writing, however, that interest IM W. 02i=A- V-0A(PA) toson.ot P". 5 or 16 Form 3039 1 /01 1 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as.required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, runes, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these Items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien In a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice Identifying the lien. Within 10 days of the date on which that notice Is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards Including, but not limited to, earthquakes and floods, for which Leader requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences coo change during the term of the Loan. The insurance carrier providing the insurance skit be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, In connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. trwr ?'?'149? V-6A(PA) msoeim P.V 6.116 Form 3039 1/01 If Borrower falls to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender Is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower. Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of Insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. AB insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender. for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing. any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. Inuring such repair and restoration period. Lender shall have the right to hold such Insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any Interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums, secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Properly. Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lander may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise. Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. "iW: I.Y1-1 V-eA(PA) mw.oi ?p. s of 16 Forrn 3039 1101 - s ? .?r- '?Yttt? 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property. Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Leader may disburse proceeds for the repairs and restoration In a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the Interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default If, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained In this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, Including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can Include, but are not limited to; (a) paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect Its Interest In the Properly and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. wp V-eA(PA) psm».oi rs.aona o trot Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan. Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage Insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available. Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Leader required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Leader (or any entity that purchases the Note) for certain losses it may Inter if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter Into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of fim& 69 the Insurance p? mortgage insurer may have available (which may include funds obtained from Mortgage As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides dig an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the Insurer, the arrangement Is often tanned "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay_ for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund. V-SA(PA) eosoat of f P.y.9 r is ? Oran 3039 Vol (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lander may pay for the repairs and restoration In a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds. Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied In the order provided for In Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sum secured by this Security Instrument, whether or not then due, with the excess, ff any, paid to Borrower. In the event of a partial taking, destruction, or loss In value of the Property In which the fair market value of the Property immediately before the partial taking, destruction, or loss in value Is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking destruction, or loss In value, unless Borrower and Leander otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking. destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction. or loss in value. Any balance shall he paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree In writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice Is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party' means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether evil or criminal, is began that, in Lender's judgment. could result In forfeiture of the Property or other material impairment of Lender's Interest in the Property or rights under this Security Instrument. Borrower can tune such a default and, If acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be V-SA(PA) pw)-m par 100( is a dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's Interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Inurument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or wy Successors In Interest of Borrower. Lender shall not be required to commence proceedings against any successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors In Interest of Borrower. Any forbearance by Lender in exercising any right or remedy Including, without limitation. Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amoynts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to more, grant and convey the co-signer's interest in the Property under the terms of this Security hrebvment: (b) is not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrowers rights and benefits miler this Security Instrument. Borrower shall not be released from Borrower's obligations and lability under this Security Instrument unless Lender awees to such release in writing. The covenants and agreements of this Security Instrument shall bind except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Irsnvment, secluding, but not liasitdd to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to 7" shall not be as a protubition on the charging of such fee. Lender may not charge fees thxpressly prohibited by this Security Instrument or by Applicable Law. H an is subje I to a law which sets maximutm loan charges, and that law is finally interpreted so ?hat thst du other loan charges collected or to be collected in connection with the Loan exceed the ermitted limits, them: (a) any such loan charge shall be reduced by the amount necessary to reduce the harge to the permitted limeit; and (b) any sums already collected from Harrower which exceeded permitted limits with be refunded to Borrower. Lender may choose to make this refimd by reducing the principal owed under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for wider the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be de ki 1BIT A nx w V-BA(PA) osm.oi a"s. i r of Is Form 3038 1101 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security lnshument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable LaI wthentApplicable Law requirement will satisfy the corresponding requirement under this Security 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the Jurisdiction in which the Property Is located. All rights and obligations coutalue d in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent. but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) -words In the singular shall mean and Include the plural and vice versa; and (c) the word "may" gives sole discretion without, any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instmment. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest In the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed. contract for deed, installment sales contra or escrow agreement, the intent of which is the transfer of We by Borrower at a future date to a purchaser. If all or any par( of the Property or any Interest in the Property Is sold or transferred (or if Borrower Is not a natural person and a beneficial interest in Borrower Is sold or transferred) without lender's prior written consent. Lender may require Immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender If such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given In accordance with Section 15 within which Borrower must pry all sums secured by lies Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may Invoke any remedies permitted by this Security instrument without further notice or demand on Borrower, 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of. (a) five days before sale of the Property pursuant to any power of sale contained In this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate: or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no accelaation had occ:uned; (b) cures any default of any other covenants or ?nrmr:?'? V-6A(PA) vsm of P r It w 16 Form 3039 (101 11T' A agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's Interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument. and Borrower's obligation to pay the sums secured by this Security Irutrment shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) ash; (b) money order; (c) certified check, bank check. treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) an be sold one or more times without prior notice to Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Service unrelated to a sale of the Note. If there is a change of the Loan Services'. Borrower will be given written notice of the change which will state the name and address of the new Loan Setvicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Seavicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Leader may commence. join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument. until such Borrower or Lender has notified the other party (with such notice given In compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period which must elapse before certain action can be taken. that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances' are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products. toxic pesticides and herbicides. volatile solvents. materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is loafed that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action. as defined in Environmental Law; and (d) an "Environmental Condition' means a condition that an cause, contribute to, or otherwise trigger an Environmental Cleanup. too %j V-SA(PA) Msoom Pne 13 of rs rwftm?,k? Borrower shall not cause or permit the presence, use, disposal, stage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affeclin the rty (a) that is in violation of any Environmental Law, (b} which crcetes an Environmental Con?tlon, or c) which, due to the presence, use, or release of a Hazardous Substance, creates a catditlon that adversely affeds the value of the Property. The preceding Iwo sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are gerterally recogrdzed to be appropriate to nornra] residential uses and to mahttentwce of the Properly (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly glue Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or a party inwlvtrrg the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowe, (b) any Enviromoental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the ce , use or release of a Hazardous Substance which adversely affects the value of the Property. If er learns, or is notified by any _governmental or regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions is accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its option may require immediate payment m full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Leader shall discharge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the exlenl permitted by Applicable Law, waives and releases any error or defects In proceedings to enforce this Security ?trument. and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or In an action of mortgage foreclosure shall be the rate payable from time to time under the Note. WWI V-6A(PA) tos".oi Pas.uare Form3WJbJ- 4 Y BY SIGNING BELOW. Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: -wnr,e:s -WNMU oe?? > w, (Seal) M c Borrower r (SeaU (Seal) -Borrow -Borrower (Seal) (Seal) .Borrower -Borrower lSa1) !Seal) -Borrower -Borrower EXHIBIT A V-BA(PA) jowm of hqr is of ie Form 3039 1101 COMMONWEALTH OF PENNSYLVANIA, 41 r, c.?S County ss: On this, the p day of n before me, the undersigned officer, personally appeared i MICHAEL NICKY known to me (or satisfactorily proven) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: 2-belltsei ECoNOIQK SEAL DERRICK 6. SPENCOt OVER RYC , AD" COUNTY n 2 Title of Officer mmbdon &pm Oct 1, 2005 Certificate of Residence I, , do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this day of V-6A(PA) (osom,ol Par 76 of 16 Agem of Mortgagee MAW Form 3039 1/01 Exhibit A BEING all that certain lot of ground situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Navtech, Inc., PLS dated September 25, 2006 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 94, Page 31, as follows: PARCEL I BEGINNING at a point in the southern right of way line of Church of God Road SR 4023 at western edge of intersection of Grahams Woods Road, T-448; thence along Grahams Woods Road, T-448 by a curve to the left having a radius of 472.04 feet, an arc distance of 94.48 feet on a chord bearing of South 43 degrees 06 minutes 44 seconds East; thence still along the western right of way line of Grahams Woods Road, T-448 South 49 degrees 23 minutes 26 seconds East 54.55 feet to a point; thence still along the same by a curve to the right having a radius of 448.04 feet, an are distance of 103.06 feet on a chord bearing of South 41 degrees 03 minutes 42 seconds East to an iron pin; thence along Lot No. 1 South 47 degrees 16 minutes 31 seconds West 214.52 feet to an iron pin set; thence still along Lot No. 1 North 46 degrees 37 minutes 11 seconds West 247.82 feet to a concrete monument; thence along right of way line of Church of God Road, SR 4023 North 45 degrees 09 minutes 47 seconds East 145.03 feet to a point; thence still along same North 48 degrees 10 minutes 55 seconds East 82.45 feet to a point, the place of BEGINNING. PARCEL 2 BEGINNING at a point in southern right of way line of Church of God Road, SR 4023 at eastern edge of Grahams Woods Road, T-448; thence along Church of God Road, SR 4023 North 48 degrees 10 minutes 55 seconds East 19.31 feet to a point; thence still along same by a curve to the left having a radius of 1083.47 feet, with an arc distance of 79.74 feet on a chord bearing of North 42 degrees 53 minutes 58 seconds East; thence along lands now or formerly of Michael E. Sheaffer and Randall A. Wert South 17 degrees 43 minutes 50 seconds East 213.81 feet to a point; thence along the eastern edge of Grahams Woods Road by a curve to the left having a radius of 498.04 feet, an arc distance of 45.42 feet on a chord beating of North 45 degrees 07 minutes 41 seconds West to a point; thence continuing along the eastern edge of Grahams Woods Road, T- 448 North 49 degrees 23 minutes 26 seconds West 55.05 feet to a point; thence still along same by a curve to the right having a radius of 422.04 feet, an are distance of 88.13 feet on a chord bearing of North 42 degrees 49 minutes 59 seconds West to a point the place of BEGINNING. Combined parcels contain 1.50 acres as set forth as Lot No. 2. and being known as 898 Grahams Woods Road on Plan for Bryant and Donna Minnich. Said Tract is separated by Grahams Woods Road, T448 and is described separately. "FOR INFORMATIONAL PURPOSES ONLY" The improvements thereon being commonly known as 898 Grahams Woods Road, (a/k/a 898 Grahams Wood Road) NewviUc, Pennsylvania 17241 MASTER TAX ID# 43-04-0385-021 (CONTAINS 23 ACRES) h LEGAL DESCRIPTION BEING all that certain lot of ground situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Navtech, Inc., PLS dated September 25, 2006 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 94, Page 31, as follows: PARCEL I BEGINNING at a point in the southern right of way line of Church of God Road SR 4023 at western edge of intersection of Grahams Woods Road, T-448; thence along Grahams Woods Road, T-448 by a curve to the left having a radius of 472.04 feet, an arc distance of 94.48 feet on a chord bearing of South 43 degrees 06 minutes 44 seconds East; thence still along the western right of way line of Grahams Woods Road, T-448 South 49 degrees 23 minutes 26 seconds East 54.55 feet to a point; thence still along the same by a curve to the right having a radius of 448.04 feet, an arc distance of 103.06 feet on a chord bearing of South 41 degrees 03 minutes 42 seconds East to an iron pin; thence along Lot No. 1 South 47 degrees 16 minutes 31 seconds West 214.52 feet to an iron pin set; thence still along Lot No. 1 North 46 degrees 37 minutes 11 seconds West 247.82 feet to a concrete monument; thence along right of way line of Church of God Road, SR 4023 North 45 degrees 09 minutes 47 seconds East 145.03 feet to a point; thence still along same North 48 degrees 10 minutes 55 seconds East 82.45 feet to a point, the place of BEGINNING. File #: 179583 PARCEL 2 BEGINNING at a point in southern right of way line of Church of God Road, SR 4023 at eastern edge of Grahams Woods Road, T-448; thence along Church of God Road, SR 4023 North 48 degrees 10 minutes 55 seconds East 19.31 feet to a point; thence still along same by a curve to the left having a radius of 1083.47 feet, with an arc distance of 79.74 feet on a chord bearing of North 42 degrees 53 minutes 58 seconds East; thence along lands now or formerly of Michael E. Sheaffer and Randall A. Wert South 17 degrees 43 minutes 50 seconds East 213.81 feet to a point; thence along the eastern edge of Grahams Woods Road by a curve to the left having a radius of 498.04 feet, an arc distance of 45.42 feet on a chord bearing of North 45 degrees 07 minutes 41 seconds West to a point; thence continuing along the eastern edge of Grahams Woods Road, T-448 North 49 degrees 23 minutes 26 seconds West 55.05 feet to a point; thence still along same by a curve to the right having a radius of 422.04 feet, an arc distance of 88.13 feet on a chord bearing of North 42 degrees 49 minutes 59 seconds West to a point the place of BEGINNING. Combined parcels contain 1.50 acres as set forth as Lot No. 2, and being known as 898 Grahams Woods Road on Plan for Bryant and Donna Minnich. Said Tract is separated by Grahams Woods Road, T448 and is described separately. PARCEL NO. 43-04-0385-021 PROPERTY BEING: 898 GRAHAMS WOOD ROAD File #: 179583 VERIFICATION I hereby state that I am the attorney for Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. Furthermore, counsel intends to substitute a verification from Plaintiff upon receipt. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unworn falsifications to authorities. DATE: 2-c?D 2 331 Plaintiff C t7 rv c' P ?wt? r -40 ? ??I i^'... !{"i. 1 D .Fay ; .•?1 .x' Vr V' ? r.? a F cr) 0 SHERIFF'S RETURN - REGULAR CASE NO: 2008-03437 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS INC VS NICKY MICHAEL DENNIS FRY Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE NICKY MICHAEL was served upon the DEFENDANT , at 1330:00 HOURS, on the 6th day of June , 2008 at 898 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing His attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge (,I 13jb v or 18.00 8.00 .00 10.00 .00 36.00 So Answers: R. Thomas Kline 06/09/2008 PHELAN HALLINAN SCHMIEG Sworn and Subscibed to By: !/r before me this day De ty Sheri of A.D. Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3437 CIVIL TERM CUMBERLAND COUNTY PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE 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. MICHAEL NICKY TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Date: 3 6? Phelan Hallinan & Schmieg, LLP Attorne for Plaintiff By: Francis S. HallinanEsquire PHS #: 179583 e1+ VERIFICATION M. KELLY K11CHIE hereby states that he/she is 1ST VICE PRESIDEWof 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 unsworn falsification to authorities. W- JE Name: DATE: Title: M. Kelly Michie, I stVice President Company: COUNTRYWIDE HOME LOANS, INC. File #: 179583 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. MICHAEL NICKY Defendant(s) ATTORNEY FOR PLAINTIFF : COURT OF COMMON PLEAS : CIVIL DIVISION : NO. 08-3437 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: MICHAEL NICKY 898 GRAHAMS WOOD ROAD NEWVILLE, PA 17241-9726 Date: N/ Phelan Hallinan & Schmie , LLP Attorne for Plaintiff By: --1 Francis S. Hallin squire C r-a -n c -n rte.... -? ., .. C7 e. -... 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 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. MICHAEL NICKY 898 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 Defendant(s). CIVIL DIVISION NO. 08-3437-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 MICHAEL NICKY, Defendant(s) for failure to file an Answer to Plaintiffs Complaint within 20 days from service thereof and for Foreclosure and Sale of the mortgaged premises, and assess Plaintiffs damages as follows: As set forth in Complaint $193,653.05 Interest from 05/23/2008 - 07/17/2008 to $3,318.00 TOTAL $196,971.05 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 237.11, copy attached. Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED. DATE: P PROTHY 179583 r PHELAN HALLINAN & SCHMIEG, L.L.P. By: DANIEL G. SCHMIEG Identification No. 62205 ONE PENN CENTER AT SUBURBAN STATION 1617 JOHN F. KENNEDY BLVD., SUITE 1400 PHILADELPHIA, PA 19103-1814 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC. 7105 CORPORATE DRIVE Plaintiff, v. MICHAEL NICKY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3437-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 MICHAEL NICKY is over 18 years of age and resides at, 898 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G: SCIgM Attorney for 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 (215.) 563-7000 COUNTRYWIDE HOME LOANS, INC : COURT OF COMMON PLEAS Plaintiff CIVIL DIVISION Vs. MICHAEL NICKY : CUMBERLAND COUNTY Defendants :NO. 08-3437 CIVIL TERM TO: MICHAEL NICKY 898 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 DATE OF NOTICE: TTNE 27.20OR 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 BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY FIL LAWYER REFERRAL SERVICE E COPY CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 Legal Assistant C _0 cr.' I 'r €r; r p T C-- ? -n iV +D (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 CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff, V. MICHAEL NICKY CIVIL DIVISION NO. 08-3437-CIVIL TERM Defendant(s). Notice is given that a Judgment in the above-captioned matter has been entered against you on JU1,4 all 200 By: If you have any questions concerning this matter, please contact: r DANIEL G. SCHMIEC , QUIRE Attorney for Plaintiff , ONE PENN CENTER A UBURBAN STATION 1617 JOHN F. KENNED 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. PHELAN HALLINAN & SCHMIEG By: DANIEL G. SCHMIEG IDENTIFICATION NO. 62205 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 ATTORNEY FOR PLAINTIFF COUNTRYWIDE HOME LOANS, INC. : CUMBERLAND County Plaintiff : Court of Common Pleas VS. MICHAEL NICKY : CIVIL DIVISION : NO. 08-3437-CIVIL TERM Defendant(s) TO THE PROTHONOTARY: Kindly vacate the Judgment which was entered on 7/21/08 against MICHAEL NICKY, Defendant, in the amount of $196,971.05 relative to the instant matter, without prejudice, upon payment of your costs only. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff Dated: AUGUST 7, 2008 -69- go Arb $b o o C s - . -v tr m Cj ` ?• 33 ?' rte- ? c? "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 750424 Plaintiff, V. CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3437-CIVIL TERM MICHAEL NICKY 898 GRAHAMS WOOD ROAD NEWVILLE, PA 17241-9726 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 MICHAEL NICKY, 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 Interest from 6/4/08 to 8/15/08 TOTAL $154,995.83 $2,011.88 $157,007.71 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. S MIEG, ESQUIRE Attorney for Plaintiff DAMAGES ARE HEREBY ASSESSED AS INDICATED DATE: O PR6TUVJ'--7 179583 t 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 (215) 563-7000 COUNTRYWIDE HOME LOANS, INC Plaintiff Vs. MICHAEL KICKY Defendants TO: MICHAEL NICKY 898 GRAHAMS WOOD ROAD NEWVILLE, PA 17241 DATE OF NOTICE: JUNE 27, 2008 : COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY :NO. 08-3437 CIVIL TERM THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. THIS NOTICE IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTEDNESS REFERRED TO HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THAT PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY, THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST PROPERTY. IMPORTANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY LAWYER REFERRAL SERVICE CUMBERLAND COUNTY BAR ASSOCIATION 32 SOUTH BEDFORD STREET CARLISLE, PA 17013 (800)990-9108 FILE COPY J. gAHILL, Legal Assistant THELAN 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 Plaintiff, V. MICHAEL NICKY Defendant(s). ATTORNEY FOR PLAINTIFF CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3437-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 MICHAEL NICKY is over 18 years of age and resides at, 898 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241-9726. This statement is made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff 4 ?7 ,R a t -re IX % o ' D > (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 Plaintiff, V. MICHAEL NICKY CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3437-CIVIL TERM Defendant(s). -_2 1 ? - DANIEL G. SCHMIEG, ESQUIRE 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. Notice is given that a Judgment in the above-captioned matter has been entered against you on 200 By: If you have any questions concerning this matter, please contact: PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE) P.R.C.P.3180-3183 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. No. 08-3437-CIVIL TERM MICHAEL NICKY Defendant(s). TO THE DIRECTOR OF THE OFFICE OF THE PROTHONOTARY: Issue writ of execution in the above matter: Amount Due $157,007.71 Interest from 8/16/08 TO 12/10/08 $3,019.77 and Costs (per diem -$25.81) TOTAL $160,027.48 DANIEL G. SCHMIEG, ESQUIRE One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard, Suite 1400 Philadelphia, PA 19103-1814 Attorney for Plaintiff Note: Please attach description of property.No. IMPORTANT NOTICE: This property is sold at the direction of the plaintiff. It may not be sold.in the absence of a representative of the plaintiff at the Sheriff's Sale. The sale must be postponed or stayed in the event,that.a.representative of the plaintiff is not present at the sale. 179583 ?o N tT d' N r d a a z w? OW o? a? HV ? z pd v x? H U z O p 0 W v wo w.. O ? O w a? Oo U a d A ? v ? O 00 a a d ao w ? O 0 v 3 lot, q b b O p d 00 0 _-_ 1 F' - ?? rn c I'IIELAN 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. MICHAEL NICKY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3437-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. ESQUIRE DANIEL G. CHMIEG, Attorney for Plaintiff ATTORNEY FOR PLAINTIFF ? J ? y . rn N -? L'OUNTRYWIDE HOME LOANS, INC. Plaintiff, V. MICHAEL NICKY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3437-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 ,898 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241-9726. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL NICKY 898 GRAHAMS WOOD ROAD NEWVILLE, PA 17241-9726 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) Orrstown Bank 77 East King Street P.O. Box 250 Shippensubrg, PA 17257 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 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 898 GRAHAMS WOOD ROAD NEWVILLE, PA 17241-9726 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 15, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff M ?? S._ "'C3 w? 4? r ' ?. r~ ` t M COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. CUMBERLAND COUNTY No. 08-3437-CIVIL TERM MICHAEL NICKY Defendant(s). August 15, 2008 TO: MICHAEL NICKY 898 GRAHAMS WOOD ROAD NEWVILLE, PA 17241-9726 * *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 IS NOT AND SHOULD NOT BE CONSTRUED TO BE ANA ITEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY. Your house (real estate) at, 898 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241-9726, is scheduled to be sold at the Sheriffs 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 $157,007.71 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. You may need an attorney to assert your rights. The sooner you contact one, the more chance J 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 LEGAL DESCRIPTION BEING all that certain lot of ground situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Navtech, Inc., PLS dated September 25, 2006 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 94, Page 31, as follows: PARCEL I BEGINNING at a point in the southern right of way line of Church of God Road SR 4023 at western edge of intersection of Grahams Woods Road, T-448; thence along Grahams Woods Road, T-448 by a curve to the left having a radius of 472.04 feet, an arc distance of 94.48 feet on a chord bearing of South 43 degrees 06 minutes 44 seconds East; thence still along the western right of way line of Grahams Woods Road, T-448 South 49 degrees 23 minutes 26 seconds East 54.55 feet to a point; thence still along the same by a curve to the right having a radius of 448.04 feet, an arc distance of 103.06 feet on a chord bearing of South 41 degrees 03 minutes 42 seconds East to an iron pin; thence along Lot No. 1 South 47 degrees 16 minutes 31 seconds West 214.52 feet to an iron pin set; thence still along Lot No. 1 North 46 degrees 37 minutes 11 seconds West 247.82 feet to a concrete monument; thence along right of way line of Church of God Road, SR 4023 North 45 degrees 09 minutes 47 seconds East 145.03 feet to a point; thence still along same North 48 degrees 10 minutes 55 seconds East 82.45 feet to a point, the place of BEGINNING. PARCEL 2 BEGINNING at a point in southern right of way line of Church of God Road, SR 4023 at eastern edge of Grahams Woods Road, T-448; thence along Church of God Road, SR 4023 North 48 degrees 10 minutes 55 seconds East 19.31 feet to a point; thence still along same by a curve to the left having a radius of 1083.47 feet, with an arc distance of 79.74 feet on a chord bearing of North 42 degrees 53 minutes 58 seconds East; thence along lands now or formerly of Michael E. Sheaffer and Randall A. Wert South 17 degrees 43 minutes 50 seconds East 213.81 feet to a point; thence along the eastern edge of Grahams Woods Road by a curve to the left having a radius of 498.04 feet, an arc distance of 45.42 feet on a chord bearing of North 45 degrees 07 minutes 41 seconds West to a point; thence continuing along the eastern edge of Grahams Woods Road, T-448 North 49 degrees 23 minutes 26 seconds West 55.05 feet to a point; thence still along same by a curve to the right having a radius of 422.04 feet, an arc distance of 88.13 feet on a chord bearing of North 42 degrees 49 minutes 59 seconds West to a point the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Michael Nickey, by Deed from Bryant G. Minnich and Donna K. Minnich, his wife, dated 04/18/2007, recorded 04/30/2007, in Deed Book 0279, page 3878. PARCEL IDENTIFICATION NO: 43-04-0385-021 PREMISES: 898 Grahams Wood Road Newville, PA 17241-9726 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3437 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 MICHAEL NICKY (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 $157,007.71 L.L.$ 0.50 Interest from 8/16/08 to 12/10/08 (per diem - $25.81) - $3,019.77 and Costs Atty's Comm % Atty Paid $177.00 Plaintiff Paid Date: 8/21/08 (Seal) REQUESTING PARTY: 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 Due Prothy $2.00 Other Costs Prothonota By: Deputy Telephone: 215-563-7000 Supreme Court ID No. 62205 Countrywide Home Loans, Inc. In the Court of Common Pleas of VS Cumberland County, Pennsylvania Michael Nicky Writ No. 2008-3437 Civil Term Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on September 20, 2008 at 1324 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Michael Nicky by making known unto Michael Nicky personally, at 898 Grahams Wood Road, Newville, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per letter of request from Attorney Schmieg. Sheriffs Costs: Docketing Poundage Advertising Posting Handbills Law Library Prothonotary Levy Mileage Surcharge Share of Bills So Answers: R. Thomas Kline,' Sheriff B ?Vl? Real Estate S geant 30.00 44.24 15.00 15.00 .50 2.00 15.00 16.00 30.00 14.92 $182.66 ? /o f b 8`-- PWoo 1? s ?. 0 3 97 ?/ S 9?L 1 COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. MICHAEL NICKY Defendant(s). CUMBERLAND COUNTY COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-3437-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 ,898 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241-9726. 1. Name and address of Owner(s) or reputed Owner(s): Name Last Known Address (if address cannot be reasonably ascertained, please indicate) MICHAEL NICKY 898 GRAHAMS WOOD ROAD NEWVILLE, PA 17241-9726 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 None Last Known Address (if address cannot be reasonably ascertained, please indicate) 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) Orrstown Bank 77 East King Street P.O. Box 250 Shippensubrg, PA 17257 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) TenantlOccupant 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 898 GRAHAMS WOOD ROAD NEWVILLE, PA 17241-9726 13 North Hanover Street Carlisle, PA 17013 PO Box 2675 Harrisburg, PA 17105 6th Floor, Strawberry Sq., Dept. 28061 Harrisburg, PA 17128 13`h 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 15, 2008 DATE DANIEL G. SCHMIEG, ESQUIRE Attorney for Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff, V. MICHAEL NICKY Defendant(s). CUMBERLAND COUNTY No. 08-3437-CIVIL TERM August 15, 2008 TO: MICHAEL NICKY 898 GRAHAMS WOOD ROAD NEWVILLE, PA 17241-9726 "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 ANA TTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF A LIEN AGAINST PROPERTY. * * Your house (real estate) at, 898 GRAHAMS WOOD ROAD, NEWVILLE, PA 17241-9726, is scheduled to be sold at the Sheriffs 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 $157,007.71 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. 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 - LEGAL DESCRIPTION BEING all that certain lot of ground situate in Upper Frankford Township, Cumberland County, Pennsylvania, bounded and described in accordance with a Plan prepared by Navtech, Inc., PLS dated September 25, 2006 and recorded in the Office of the Recorder of Deeds for Cumberland County in Plan Book 94, Page 31, as follows: PARCEL I BEGINNING at a point in the southern right of way line of Church of God Road SR 4023 at western edge of intersection of Grahams Woods Road, T-448; thence along Grahams Woods Road, T-448 by a curve to the left having a radius of 472.04 feet, an arc distance of 94.48 feet on a chord bearing of South 43 degrees 06 minutes 44 seconds East; thence still along the western right of way line of Grahams Woods Road, T-448 South 49 degrees 23 minutes 26 seconds East 54.55 feet to a point; thence still along the same by a curve to the right having a radius of 448.04 feet, an arc distance of 103.06 feet on a chord bearing of South 41 degrees 03 minutes 42 seconds East to an iron pin; thence along Lot No. 1 South 47 degrees 16 minutes 31 seconds West 214.52 feet to an iron pin set; thence still along Lot No. 1 North 46 degrees 37 minutes 11 seconds West 247.82 feet to a concrete monument; thence along right of way line of Church of God Road, SR 4023 North 45 degrees 09 minutes 47 seconds East 145.03 feet to a point; thence still along same North 48 degrees 10 minutes 55 seconds East 82.45 feet to a point, the place of BEGINNING. PARCEL 2 BEGINNING at a point in southern right of way line of Church of God Road, SR 4023 at eastern edge of Grahams Woods Road, T-448; thence along Church of God Road, SR 4023 North 48 degrees 10 minutes 55 seconds East 19.31 feet to a point; thence still along same by a curve to the left having a radius of 1083.47 feet, with an arc distance of 79.74 feet on a chord bearing of North 42 degrees 53 minutes 58 seconds East; thence along lands now or formerly of Michael E. Sheaffer and Randall A. Wert South 17 degrees 43 minutes 50 seconds East 213.81 feet to a point; thence along the eastern edge of Grahams Woods Road by a curve to the left having a radius of 498.04 feet, an arc distance of 45.42 feet on a chord bearing of North 45 degrees 07 minutes 41 seconds West to a point; thence continuing along the eastern edge of Grahams Woods Road, T-448 North 49 degrees 23 minutes 26 seconds West 55.05 feet to a point; thence still along same by a curve to the right having a radius of 422.04 feet, an arc distance of 88.13 feet on a chord bearing of North 42 degrees 49 minutes 59 seconds West to a point the place of BEGINNING. TITLE TO SAID PREMISES IS VESTED IN Michael Nickey, by Deed from Bryant G. Minnich and Donna K. Minnich, his wife, dated 04/18/2007, recorded 04/30/2007, in Deed Book 0279, page 3878. PARCEL IDENTIFICATION NO: 43-04-0385-021 PREMISES: 898 Grahams Wood Road NewAlle, PA 17241-9726 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-3437 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 MICHAEL NICKY (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the gamishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due $157,007.71 L.L.$ 0.50 Interest from 8/16/08 to 12/10/08 (per diem - $25.81) - $3,019.77 and Costs Atty's Comm % Due Prothy $2.00 Arty Paid $177.00 Plaintiff Paid Date: 8/21/08 (Seal) Other Costs Protho By: Deputy REQUESTING PARTY: 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 #41 On August 27, 2008 the Sheriff levied upon the defendant's interest in the real property situated in Upper FrwMord Township, Cumberl County, PA Known and numbered as 848 Grahams Wood Road, Newviile more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 27, 2008 By: _ J Real Es Sergeant a Cdr 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 R. 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 J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 215-563-7000 Attorney For Plaintiff COUNTRYWIDE HOME LOANS, INC. Plaintiff vs MICHAEL NICKY Defendant Court of Common Pleas : 1 Civil Division : I CUMBERLAND County : I No. 08-3437 CIVIL TERM PRAECIPE TO THE PROTHONOTARY: X Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice. Date: November 4, 2009 P AN HALLINAN & awrence 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 Shee R. Shah-Jani, Esq., Id. No. 81760 J ne R. Davey, Esq., Id. No. 87077 auren R. Tabas, Esq., Id. No. 93337 Vivek Srivastava, Esq., Id. No. 202331 Jay B. Jones, Esq., Id. No. 86657 Peter J. Mulcahy, Esq., Id. No. 61791 Andrew L. Spivack, Esq., Id. No. 84439 Jaime McGuinness, Esq., Id. No. 90134 Chrisovalante P. Fliakos, Esq., Id. No. 94620 Joshua I. Goldman, Esq., Id. No. 205047 Courtenay R. Dunn, Esq., Id. No. 206779 Andrew C. Bramblett, Esq., Id. No. 208375 PHS# 179583 Attorneys for Plaintiff -.d 7APY 2009`8 yf i v i o is 4%.Do PQ Ar" C(L''t 8Z3%(Ol zr* 0233319