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HomeMy WebLinkAbout08-5675Uz McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 ADWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., as Trustee for Structured Asset Mortgage Investments II INC., Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates Series 2006-7 2780 Lake Vista Drive Lewisville, Texas 75067 V. James N. Folk 556 West Penn Street Carlisle, Pennsylvania 17013 and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum 556 West Penn Street Carlisle, Pennsylvania 17013 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number CIVIL ACTIONIMORTGAGE FORECLOSURE 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 ifyou fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Citibank, N.A., as Trustee for Structured Asset Mortgage Investments 11 INC., Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates Series 2006-7, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is James N. Folk, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 556 West Penn Street, Carlisle, Pennsylvania 17013. 3. The Defendant is Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 556 West Penn Street, Carlisle, Pennsylvania 17013. 4. On August 18, 2006, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for 1 st Mariner Bank - WHLS which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1963, Page 2092. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc., as nominee for 1 st Mariner Bank - WHLS to Citibank, N.A., as Trustee for Structured Asset Mortgage Investments II INC., Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates Series 2006-7, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 556 West Penn Street, Carlisle, Pennsylvania 17013. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due June 1, 2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance $ 121,950.82 Interest through September 14, 2008 $ 3,262.06 (Plus $24.22 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 102.32 Corporate Advance $ 92.80 Escrow Advance $ 618.36 NSF Charges $ 40.00 GRAND TOTAL $ 127,316.36 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $127,316.36, together with interest at the rate of $24.22 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, W418XRG AND CONWAY,P.C. BY: Attornfeys f6r Plaintiff TERRENCE J. McCABE, ES MARC S. WEISBERG, ESQ EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WP8?F-RG ANP-gONWAY,P.C. BY: e:f ? Attorneys or Plaintiff TERRENCE J. McCABE, E Ul MARC S. WEISBERG, E U EDWARD D. CONWAY, Ul MARGARET GAIRO, ESQUIRE This Instrument Prepared By: After Recording Return To: Loan Number: 153647 Uniform Parcel Identifier Number: PropertyAddress: 556 WEST PENN STREET CARLISLE, PENNSYLVANIA 17013 PARCEL NO: 05-20-1796-075 RECORPVE? OF LEEDS CUMBERLAND COUNTY-F ' 06 RUG 24 RM 1132 [Space Above This Line For Recording Data] MORTGAGE MIN: 100212504000322605 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 AUGUST 18, 2006 , together with all Riders to this document. (B) "Borrower" is JAMES N. FOLK AND EDWINA L. FOLK Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's succeaaors and assigns. MEiRS is the mortgagee trotter 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, MI 48501-2026, tel. (888) 679-MERS. PENNSYLVANIA-Single Family FanMe Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Form 3039 01101 Page 1 of 17 SL:'*?uoo(.0013 b0 OK 1963PG2092 ooaw rk dr v W"."- r= www.dioema*."M F a (D) "Lender" is 1ST MARINER BANK - WRLS Lender is a MARYLAND BANKING CORPORATION and existing under the laws of MARYLAND organized Lender's address is 3301 BOSTON STREET, BALTIMORE, MARYLAND 21224 (E) "Note" means the promissory note signed by Borrower and dated The Note states that Borrower owes Lender AUGUST 18 , 2 006 00/100 ONE HUNDRED TWENTY-FOUR THOUSAND AND Dollars (U.S. $ 3.2, 0 Borrower has promised to pay this debt in regular Periodic aymen s and 4o a0 0. 0 0 )plus interest. SEPTEMBER 1, 2021 P Y the debt in full not Isar than (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 ch the Note, and all sums due under this Security Instrument, plus interest. and lie charges due under (M "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders arc to be executed by Borrower [check box as applicable]: ® Adjustable Rate Rider ? Planned Unit Development Rider ? Balloon Rider ? Biweekly Payment Rider ? 1-4 Family Rider ? Second Home Rider ? Condominium Rider ® Other(s) [specify) PREPAYMENT RIDER TO SECURITY INST (A "Applicable Law" means all controlling applicable federal, state and local amines, regulations, Ordinances administrative rules and orders (that have the effect of 111w) as well as all applicable final,, non- alable and opinions. aPPe judicial (J) "Community Association Dues, Fees, and Asseaswenta" means all dues that are imposed on Borrower or the , ?, assessments and other charges Property by a condominium association, homeowners association or similar (1) "Electronic Flunds 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 magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account' ? o Such ter or includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that am described in (M) ??ly?laneous Proceeds" Section 3. means any compensation, settlement, award of damages, or proceeds third party (other than insurance proceeds paid under the coverages described in Section S for paid by any (i) damage to, or Fannie Form F-11.. addle Mac UNIFbRM INSTRUMENT - MERS rot Pape 2 of 17 0-410919 ea'lrowa sad sus r ya: www.d "0NVk.VQ AI963PG2093 ftxm.um destruction of, the property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Me rtor Insurance" means insurance protecting Leader against the nonpayment of, or default on, the Loan. (O) "puiodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. $2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they aright be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor In Interest of Borrower" mew any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and 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, great and convey to MFRS (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 of CUMBERLAND [Type of Recording Jurisdiction] SEE ATTACHED EXHIBT [Name of Recording Jurisdiction] which currently has the address of CARLISLE [City] 556 WEST PENN STREET [Street] Pennsylvania 17013 ("Property Address"): [zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replwoments and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property." Borrower understands and agrees that MFRS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose PENNSYLVANIA--Single FamflY Doplc l8larnor W044#-1382 Fannie Mee/Freddie Mac UNIFORM INSTRUMENT - MERS dw www.dacramob.cam Form 3039 01 /01 Page 3 of 17 BK ! 963PG2094 ft=9.o and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. 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 m ord. 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 fornationd 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 due under the Note. Borrower shall also pay funds for Escrow items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.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 mate 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 downed 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 refinse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unappliod 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 finds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from malting payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Applkatlon of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall 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 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 PENNSYLVANIA-Single Farm Fannie Mae/Freddie Mac UNIF?RM INSTRUMENT - MFRS Oovwjwc bna wo-6,W1361 Form 3039 01/01 Page 4 of 17 ~w„' .com a4I963PG2095 pa"Mm 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) lemehold 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 famish 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 lnstnunent, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then 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 Lander 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 currant 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 peens no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest 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 PENNSYLVANIA-Single Family DOaA C dpbnKM 800440-1362 Fannie Mee/Freddie Mac UNIFORM INSTRUMENT - MERE www.deearapf0.co,m Form 3038 01 /01 Page 5 of 17 BE 1963PG2096 ".mm ftv 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 Leader. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, 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 w 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 liar 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 meal 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 Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Leader 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. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cm 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. All insurance policies required by Lender and renewals of such policies shall be subject to Leader's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an PENNSYLVANIA--Single Familyy DoCMplo dPbrn rt 000-W 1362 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www.asoanalpita.aora Form 3039 01/01 Page 6 of 17 Pa7Q7V.oop Bt 19b3PG2097` additional loss payee. Lender shall have the right to hold the policies and renewal certifman. 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 Leader as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Leader. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until 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 undertaloea promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progreea 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, whetter or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 304lay 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. 6. Ocenpsney. 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 Fender 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 Propaty; 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 S 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. 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. If the insurance or condemnation proceeds are not sufficient PENNSYLVANIA-Single Family 00000919 ?? eOak.com Mac UNIFORM INSTRUMENT - MERS www.decmepfe.com Fannie Mee/Frakile Form 3039 01/01 Page 7 of 17 &t 1963PG2098 P'a'f0(i9.nm 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 naaonable caluse, Lender may inspect the interior of the improvements on the Property. Lander dell give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable canna. S. Urrower's Lose 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 knowledile or consent gave materially false, misleading, or inaccurate information or stop ments 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 Into at In the Property attd F lob Ueda this Security lastru rent. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) them is a legal proceeding that might significantly affect Lettder'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 reguiadons), 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' foes to protect its interest in the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note nee 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 leasebold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Iona ante. If Lender required Mortgage Insurance as a condition of malting the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any moon, 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. Leander 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 PENNSYLVANIA--Si le Family ? soo•s48-1362 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT -MERE wwww alben aft.cora Form 3039 01/01 Page a3 of 17 BK t 963PG2099 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 Lender required Mortgage Insurance as a condition of making the Goan 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 Leader 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 ran provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties tat h 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 imsurer to make payments using any source of finds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any pur haer 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 that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not affect the amounts that Borrower bas agreed to pay for Mortgage Insurance, or any other terms of the Loan. Sucb agreements will not imream the amount Borrower will owe for Mortgage Insurance, and they will not eadde Borrower to any ref read. (b) Any sucb agreements will not affect the rights Son wer has - if say - with respect to the Mortgage lawrance under the Homeowners Protection Act of 1998 or any other law. These tights may hnclude the right to receive certain discimm, to request sand obtain cancellation of the Montpe hisar"ce, to beve the Mortgage lm urttnee termhated automatically, and/or to receive a rei lull of any Mortgage lnsorancepreahrms that were unearned at the dme of such caaceiladen or tettali adon. 11. Agent of Mbeelh neon 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. Gender 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 soma 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. PENNSYLVANIA-Single Family 099010fftd nWW 800•eu.gs2 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www.dbcan&."m Form 3039 01/01 Page 9 of 17 pomx= 8I963PG2100' In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loan in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and lender otherwise agree in writing, the sums secured by this Security hat ument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In 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 scale a claim for damages, Borrower fails to respond to tender 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 suns secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in lender's judgment, precludes forfeiture of the Property or other material impairmew 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 Lander. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in Interest of Borrower, tender 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 amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co4igne s; Successors and Aaigna Boned. 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 mortgage, grant and convey the co-signer's interest in the Property under she terms of this Security Instrument; (b) is not Fannie PENNSYLVANIA--SkVk Faintly -180040-1362 Fannie 039 01/01 Mac UNIFORM INSTRUMENT - MERS DOCft re d ? aao Form 3038 Ot/01 Page 10 of 17 www.wno$k.? BK 1963FG2 I Of Pa'f079.asm 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 Leader, shall obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and assigns of Loader. 14. Loan Charges. Lender may charge Borrower foes 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 Inurement, including. but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by educing 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 under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notim. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to anyone Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower 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 Instrument shall not be deemed to have been given to Leader until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Goveroirsg Law; Severability; Rnlea of Conbscdoa. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a 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. PENNSYLVANIA--S' Fin{Iy ? 800449.1362 DOCAIWWO Fannie MaalFreddie Mac UNI%RM INSTRUMENT • MERS www.decmagk.com Form 3039 01!01 Page 11 of 17 OK ! 963PG2 102. As used in this Security Instrument; (a) words of the masculine gender shall mesa and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and via versa; and (e) the word 'may" gives sole discretion without any obligation to tab any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Trader of the Property or a Beudkd+d Inkreat In Borrower. As used in this Section I8, 'hum st 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, wntria for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if 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, Leader 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 aceordimm with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay time 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 Aeeckr atiwr. 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 oantained in this Security Instrumut; (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 acceleration had occurred. (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited 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 Leader's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasure'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 Loran Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more titres without prior notice to Borrower. A sale might result in a e dmgc in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the cbange which will state the name and address of the new Loan Servicer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations PENNSYLVANIA--Single Family Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Ooemseft dvIeramao 600440-x362 Form 3038 01101 Page 12 of 17 www.doam$*.aOw paw"Mm 1K1963PG2103 to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Semcer and are not assinned by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other parry 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 tame eocroctive 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 located that relate to health, safety or environmental protection; (e) "Environmental Cleanup" includes any response action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property, Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private parry, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS, Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remediea. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instr unteirt (but not prior to acceleration trader Section 18 unless Applicable Law provide otherwise). Lewder ahsll notify Borrower of, among other (a) the default; (b) the adios required to cure the default; (c) when the default must be cured; and (d) that al Fa mily n rde A Mee/Freddie nple Fa Fannie Mac UNIFORM INSTRUMENT - MERS ovc?a Eubmw 8oo?61s- rds2 Form 3039 Mee01eddie 039 01101 Page 13 of 17 WWW.doonmob. com ftim.mm BKI963PGZi04-- 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. Leander shall further Inform Borrower of the right to reinstate after acceleration and the right to assert in the forwkie ne proeeedt.g the non albtence of a default or any other defense of Borrower to acceleration and foreclosure. If the default Is not cured as specified, Leader at its option may require immediate payment In fall of all cants secured by this Security Iostrctaseat without fattier demand and may foreclose this Security Instransod dry jpdidd psaceedlag. I.eoder shall be eadded to collect all expenses bmwred In pursuing the rometba provided 10 this Section 22, Ineisdiag, but not limited to, attorneys' few and costs of title evidence to the extent perm ted by Applicable Law. 23. Relase. Upon payment of all sums secured by this Security Imo, this Security Insuumettt and the estate conveyed shall terminate and become void. After such occurremCe, I shall diacbarge and satisfy this Security Instrument. Borrower shall pay any recordation cats. Lender may dwp 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 exam permitted by Applicable Law, waives and releases any error or defects in proowdings to enforce this Security Instrument, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption from attac ricat, levy and sale, and homestead exemption. 25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable 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. PENNSYLVANIA--Single Family DoeMpr 4V%Vw w aoasa.rMo Fannie, Maa/Fraddis Mac UNIFORM INSTRUMENT - MFRS arww.doemap?c epwi Form 3039 01 /01 Page 14 of 17 BK 1963PG2 105 BY SIGNING BELOW, Borrower accepts and &Srew to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. - /46W?loig!fl_ (Seal) J ES N. FOLK -Borrower Witness: - (Seal) -Borrower - (Seal) -Borrower EDWINA L. FOLK -Borrower Witness: - (Sea) -Borrower - (Saw) -Borrower PENNSYLVANfA--S! Famify Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS Doembp?c41pMYt m W044S.13e2 Form 3039 01/01 Pape 15 of 17 WWW.6%CnN le.o m SK 1463PG2106 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBF1t" ) On this the 18thday of August, 2006 , before me, the undersigned officer, personally appeared JAMES N. FOLK, EDWINA L. FOLK known to me (or satisfactorily proven) to be the person(s) whose name(s) jjfiue subscribed to the within instrument and acknowledged that *W/they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seals. Signature Notary Public Title of Officer (Notary's Stamp and Embosser) My commission expires: Mrr Ft,1+c aft? LV 9r b Aar„ of Wbda PENNSYLVANIA- SInpM Familyy Qoera aooi ??? M ie Mac UNIFORM INSTRUMENT • MERS Form 3039 01 /01 Page 16 of 17 www.dapMprc.oa» Pa",m O1963PG2107. Certifkate of Resides ce of Mortgagee Tae undersigned hereby certifies that: (i) he/she is the Mortgagee or the duly authorized attorney or agent of the Mortgagee named in the within instrument; and (ii) Mortgagee's precise residence is; 3975 FAIR RIDGE DRIVE, SUITE 300 - NORTH TOWER, FAIRFAX, VIRGINIA 22033 Witness my hand this 18 th day of August, 2006 Sigmture of Morgagee or Mortgagee ly Authorized Attorney or Agent Type or Print Name of Morpmee or Morreagee's Duly Autorued Asmay or Agent PENNSYLVANIA-Sinpio Femi1y Fannie Mae/Freddie Mae UNIFORM INSTRUMENT - MERS D"W11ao 1111Pd°°°°111 °oo'ai-rXs Form 3039.01/01 Pape 17 of 17 www'doefisesk.awn Pa3W9.mpn 8lC1963PG2108 MIN: 100212504000322605 ADJUSTABLE RATE RIDER (LIBOR Six-Month Index (As Pubiishod In The Wid St,'eot JournsA - Rate Caps) THIS ADJUSTABLE RATE RIDER is made this 18th day of AUGUST, 2 006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the "Security Instrument') of the same date given by the undersigned ("Borrower") to secure Borrower's Adjustable Rate Note (the "Note") to 1ST MARINER BANK - WHLS ("Lender") of the same date and covering the property described in the Security Instrument and located at: 556 WEST PENN STREET, CARLISLE, PENNSYLVANIA 17013 [Property Address) THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE AMOUNT BORROWER' S V?I23tE.4f RATE CAN CHANGE AT ANYONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. INTEREST RATE AND MONTHLY PAYMENT CHANGES The Note provides for an initial interest rate of 7.250 %. The Note provides for changes in the interest rate and the monthly payments, as follows: Loan Number: 153647 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The interest rate I will pay may change on the 1st day of SEPTEMBER, 2011 , and on that day every 6th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published in Me Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Current Index. " If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. .TISTATE ADJUSTAS PUBUSHED IN THE N Is Family--Fannie Mae 1 3138 1/01 INDEX 9WRODOWN 8004a-/362 www.dbex#**.cam Pepe 1 of 3 N(I953PG2109 (C) Calculation of Cho" Before each Change Date, the Note Holder will calculate my new interest rate by adding TWO AND 250/1000 percentage points ( 2.2 5 0 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125 %). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new interest rate in substantially equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Uri is on Interest Rate Chtuages The interest rate I am required to pay at the first Change Date will not be greater than 12.250 % or less than 2.250 %. Thereafter, my interest rate will never be increased or decreased on any single Change Date by more than ONE AND 000/1000 percentage points ( 1.0 0 0 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be greater than 12.250 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a person who will answer any question I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER Uniform Covenant 18 of the Security Instrument is amended to read as follows: Transfer of the Property or a Besetldal Interest in Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if: (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security will not be unpaired by the loan TE Single Fernily--Fe Form 3138 1 /01 r,,ua i AULL nA I t MUER--LIBOR SIX-MONTH INDEX O?caiyAC4VISMOe 000-e4e44162 IN THE WALL STREET JOUNVAL) www albemagie.som nnie Mae MODIFIED INSTRUMENT Page 2 of 3 BKI 963PG2 [ 10 ua»e.ra assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender amd that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lender releases Borrower in writing. If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Adjustable Rate Rider. 0" (Seal) JAMES N . FOLK -Borrower MULTISTATE ADJUSTASi IAS PUBLISHED IN THE N SinWe Fsm{ --Fenrde Mae Form 3138 1/01 - (Seal) -Borrower - (Seal) -Borrower T JOURMO INSTRUMENT EDWINA L. FOLK (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower afr>&PAW aao?a-lass www.dbenWVk.eam Pape 3 of 3 " mat 1963N2 1 Ua3138.rW PREPAYMENT RIDER Loan Number: 15 3 6 4 7 Date: AUGUST 18, 2006 Borrower(s): JAMES N. FOLK, EDWINA L. FOLK THIS PREPAYMENT RIDER (the 'Rider') is made this 18th day of AUGUST , 2006 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust or Security Deed (the "Security Instrument") of the same date given by the undersigned ("Borrower") to secure repayment of Borrower's promissory note (the "Note") in favor of 1ST MARINER BANK - WHLS ("Lender"). The Security Instrument encumbers the Property more specifically described in the Security Instrument and located at 556 WEST PENN STREET, CARLISLE, PENNSYLVANIA 17013 [Property Afteal ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. PREPAYMENT CHARGE The Note provides for the payment of a prepayment charge as follows: 5 . BORROWER'S RIGHT TO PREPAY; PREPAYMENT CHARGE I have the right to make payments of Principal at any time before they are due. A payment of Principal only is known as a "Prepayment. " When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a payment as a Prepayment if I have not made all the monthly payments due under the Note. The Note Holder will use my Prepayments to reduce the amount of Principal that I owe under the Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount, before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due dates of my monthly payment unless the Note Holder agrees in writing to those changes. If the Note contains provisions for a variable interest rate, my partial Prepayment may reduce the amount of my monthly payments after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an interest rate increase. If this Note provides for a variable interest rate or finance charge, and the interest rate or finance charge at any time exceeds the legal limit under MULTISTATE PREPAYMENT RIDER DoCaalotedrUsaiiis OW449.1JQ2 Pape t of 2 www.d0@*NP ie.eorll AU 9b3PGC 112 Uwr.w which a Prepayment penalty is allowed, then the Note Holder's right to assess a Prepayment penalty will be determined under applicable law. If within THIRTY-SIX ( 36 ) months from the date the Security Instrument is executed I make a hill Prepayment or one or more partial Prepayments, and the total of all such Prepayments in any 12-month period exceeds twenty percent (20%) of the original Principal amount of the loan, I will pay a Prepayment charge in an amount equal to SIX ( 6 ) months' advance interest on the amount by which the total of my Prepayments within any 12-month period exceeds twenty percent (20%) of the original Principal amount of the loan. BY SIGNING BELOW, Borrower accepts and agrees to the terms and provisions contained in this Rider. (Seal) JAMES N. OLK -Borrower (Seal) -Borrower - (Seal) -Borrower - (Seal) -Borrower _ (Seal) -Borrower MULTISTATE PREPAYMENT RIDER 8/03 Page 2 of 2 ?? mm www.db?anapkfe.ouw (SCA) EDWINA L. FOLK -Borrower 9`6.3 PG 2 113 UW-W 01 ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Borough of Carlisle, Cumberland County, Pennsylvania, more particularly bounded and described as follows: BEGINNING at a point on the South side of West Penn Street, at the corner of Lot No. 5, now or formerly of James L. Otstot and Mildred L. Otstot, his wife, on the Plan of Lots hereinafter referred to; thence southwardly along Lot No. 5, a distance of 120 feet, more or less, to a point on the North side of a 12 foot alley; thence westwardly along the said alley, a distance of 50 feet, to a point on line of lands now or formerly of Albert L. Nickey and Arthur L. Nickey; thence northwardly along said lands, a distance of 120 feet, more or less, to a point on the South side of West Penn Street; thence eestwardly along the south side of West Penn Street, a distance of 50 feet to the place of BEGINNING. BEING all of Lot No. 6 on the Plan of Lots of the Executors of Margaret R. Mack, deceased, recorded in Plan Book No. 2. Page 104, and being improved with a one and one-half story brick dweNkV known as No. 556 West Penn Street, Carlisle, Pennsylvania. UNDER AND SUBJECT to covenants, conditions, reservations, restrictions, easements and right of ways of record. BEING THE SAME PREMISES which Suzanne K. Hopper, formerly known as Suzanne K. Morgan, and Shawn Hopper, by their deed to be recorded simultaneously herewith In the Office of the Recorder of Deeds of Cumberland County, granted and conveyed unto James N. Folk and Edwina L. Folk. I Certify this to be re.:., . -'.cd In Cumberland Coin.-.;.y i,A CP ?r N GJ v? ^+rg 0 Ti T! rrl m 77, M -jr VJ s:7 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-05675 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIBANK NA VS FOLK JAMES N ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT FOLK JAMES N but was unable to locate Him in his bailiwick. COMPLAINT - MORT FORE , He therefore returns the the within named DEFENDANT FOLK JAMES N 556 WEST PENN STREET CARLISLE, PA 17013 DEFENDANT WAS NOT FOUND AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge A)Aa:lb4 4- ? , NOT FOUND , as to So answe ? ?- 18.00 5.00 5.00 R. Tho as Kline 10.00 Sheriff of Cumberland County .00 38.00 MCCABE WEISBERG CONWAY 10/15/2008 Sworn and Subscribed to before me this day of A.D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05675 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK NA VS FOLK JAMES N ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT to wit: FOLK EDWINA L AKA EDWINA LEA FOLK AKA EDWINA LEA TATUM but was unable to locate Her deputized the sheriff of DAUPHIN in his bailiwick. He therefore County, Pennsylvania, to serve the within COMPLAINT - MORT FORE PAPER WAS RETURNED BY DAUPHIN COUNTY FOR WRONG AMOUNT, THEN SERVICE STOPPED. On October 15th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So ans_we Docketing 6.00 Out of County .00 ` Surcharge 10.00 9. Thomas Kline .00 Sheriff of Cumberland County .00- 16. 00 ? Iul?a/fig ?,. 10/15/2008 MCCABE WEISBERG CONWAY Sworn and subscribe to before me this day of , . A. D. SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2008-05675 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK NA VS FOLK JAMES N ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT , to wit: FOLK JAMES N but was unable to locate Him deputized the sheriff of DAUPHIN in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to PAPER WAS RETURNED BY DAUPHIN COUNTY FOR WRONG AMOUNT, THEN SERVICE STOPPED. On October 15th , 2008 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: So answers• Docketing 6.00 Out of County 9.00 Surcharge 10.00 R: Thomas Kline - Postage 3.55 Sheriff of Cumberland County .00 28.55 to/a.2/oP 00/00/0000 MCCABE WEISBERG CONWAY Sworn and subscribe to before me this day of A. D. SHERIFF'S RETURN - REGULAR CASE NO: 2008-05675 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK NA VS FOLK JAMES N ET AL MARK CONKLIN , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FOLK EDWINA L AKA EDWINA LEA FOLK AKA EDWINA LEA TATUM the DEFENDANT at 1325:00 HOURS, on the 3rd day of October , 2008 at 556 WEST PENN STREET CARLISLE, PA 17013 EDWINA FOLK by handing to a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing 6.00 Service .00 Affidavit .00 Surcharge 10.00 .00 jo) aZ10 16.00 Sworn and Subscibed to before me this day So Answers: R. Thomas Kline 10/15/2008 MCCABE WEISBERG CONWA By: Deputy Sheriff of , A. D. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., as Trustee for Structured Asset Mortgage Investments II INC., Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates Series 2006-7 Plaintiff V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-5675 CIVIL TERM Defendants PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in the ve-captiorWdmatter. TERRENCETGGA0, , ESQUIRE MARC S. WESQUIRE EDWARD D. ESQUIRE MARGARET SQUIRE ANDREW L. ITZ, ESQUIRE Attorneys for Plaintiff ? __. -?. ? ?:., ? ,? a .__ ? -,? _.. ,?, . ?;? = r ? ? t ,? x `erg ..n. ? .. .. SHERIFF'S RETURN - OUT OF COUNTY -' 'CASE NO: 2008-05675 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK NA VS FOLK JAMES N ET AL R. Thomas Kline duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT Sheriff or Deputy Sheriff who being to wit: FOLK JAMES N but was unable to locate Him in his bailiwick He therefore deputized the sheriff of DAUPHIN County, Pennsylvania, to serve the within COMPLAINT - MORT FORE On December 30th , 2008 , this of attached return from DAUPHIN ce was in receipt of the Sheriff's Costs: So answer= Docketing 18.00 Out of County 9.00 Surcharge 10.00 R. Thomas Kli e Dep Dauphin County 47.25 Sheriff of Cumberland County Postage 2.02 86 27 - 12/30/2008 MCCABE WEISBERG CONWAY Sworn and subscribe to before me this day of A.D. 1 In The Court of Common Pleas of Berland County, Pennsylvania Citibank NA vs. James N. Folk No. 08-5675 civil December 22, zoos Now, I, SHERIFF OF CUMBERLAND COUNTY, PA, do hereby deputize the Sheriff of Dauphin County to execute this Writ, this deputation being made at the request and risk of the Plaintiff. Sheriff of Cumberland County, PA Affidavit of Service Now,. within 20 at o'clock M. served the upon at by handing to a and made known to copy of the original So answers, Sheriff of Sworn and subscribed before me this day of 520. COSTS SERVICE _ MILEAGE _ AFFIDAVIT the contents thereof. County, PA . ! J , (01fixc ,Q# e '*herrff Mary Jane Snytyder Real Estate Depu William T. Tully Solicitor Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Commonwealth of Pennsylvania County of Dauphin CITIBANK N.A. JAMES N. FOLK Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy VS Sheriffs Return No. 2008-T-2636 OTHER COUNTY NO. 08-5675 CIVIL I, Jack Lotwick, Sheriff of the County of Dauphin, State of Pennsylvania, do hereby certify and return, that I made diligent search and inquiry for JAMES N. FOLK the DEFENDANT named in the within COMPLAINT IN MORTGAGE FORECLOSURE and that I am unable to find him/her in the County of Dauphin, and therefore return same NOT FOUND, DECEMBER 26, 2008. AS PER NEIGHBOR AT 201, DEFENDANT MOVED OUT SEVERAL WEEKS AGO Sworn and subscribed to before me this 29TH day of December, 2008 A2? NOTARIAL SEAL ARY JANE SNYDER, Notary Publi Highspire, Dauphin County F Commission Expires Sept 1 2010 M So Answers, C Sheriff o up ` By I 4? Deputy Sheriff Deputy: S SCHAEFFER Sheriffs Costs: $47.25 12/24/2008 ???? ?? ?1? .?:? r, .. ? -?, r ?-: r rp ti -z-a ?? ??? McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., as Trustee for Structured Asset Mortgage Investments II INC., Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates Series 2006-7 Attorneys for Plaintiff Cumberland County Court of Common Pleas Plaintiff V. Number 08-5675 CIVIL TERM James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Defendants MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 1. Plaintiff attempted to personally serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, James N. Folk, at his/her last-known address of 225 Francis L. Cadden Parkway, Apt. 203, Harrisburg, Pennsylvania 17111. The process server was notable to serve the Defendant because per the neighbor in apartment 201, the defendant moved from here weeks ago. A true and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof as Exhibit "A". Plaintiff attempted to serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant's mortgaged property of 556 West Penn Street, Carlisle, Pennsylvania 17013. The process server was not able to serve the Defendant as the co-defendant Edwina lives here and wou Id not accept the papers for him. True and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof, and marked as Exhibit "B". Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has conducted a good faith investigation to determine the current whereabouts ofDefendant and the attached Affidavit sets forth in detail the nature and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "C". 4. As a result of the investigation, a special Order of Court is required permitting service by regular and certified mail at the Defendant last known address and by posting a copy of the original process on the mortgaged premises. If service cannot be made on the Defendant, James N. Folk, the Plaintiff will be prejudiced. WHEREFORE, Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendant,James N. Folk, by regular mail; certified mail, return receipt requested; and by posting at the last-known address of Defendant and the mortgaged premises known in this herein action as 556 West Penn Street, Carlisle, Pennsylvania 17013. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff 41 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., as Trustee for Structured Asset Mortgage Investments II INC., Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates Series 2006-7 Plaintiff V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-5675 CIVIL TERM MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., as Trustee for Structured Asset Mortgage Investments II INC., Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates Series 2006-7 Plaintiff V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk &Wa Edwina Lea Tatum Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-5675 CIVIL TERM CERTIFICATION OF SERVICE 1-1 1, wre 11 H f M(((, quire, attorney for the Plaintiff, hereby certify that I scrvcd a true and correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the 5th day of February, 2009, upon the following: James N. Folk 225 Francis L. Cadden Parkway Apt. 203 Harrisburg, Pennsylvania 17111 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Citibank, N.A., as Trustee for Structured Asset Cumberland County Mortgage Investments II INC., Bear Stearns ALT-A Court of Common Pleas Trust, Mortgage Pass-Through Certificates Series 2006-7 V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Number 08-5675 CIVIL TERM AFFIDAVIT OF NON SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS. rl?f7 ? J , IVie ObL Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: That he is counsel for the above-named Plaintiff; That pursuant to the Sheriff of Dauphin County the Defendant, James N. Folk was not served with the Complaint in Mortgage Foreclosure as per the neighbor in apartment 201, the defendant moved from 225 Francis L, Cadden Pkwy Apt 203, Harrisburg, PA 17111 weeks ago. A Sheriff s Affidavit of no service will be duly filed of record with the court. C TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE Attorneys for Plaintiff SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF FEBRUARY, 2009 - 0?4/xw NOTARY LIC COMMON4VEAL..T" OF PENNSYLVANIA NOTARIAL SEAL STACEY M. O'CONNELL, Notary Public City of Philadelphia, Phila. County My Commission Expires July 10, 2 12 SHERIFF'S RETURN - NOT FOUND ` CASE NO: 2008-05675 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND CITIBANK NA VS FOLK JAMES N ET AL R. Thomas Kline Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT unable to locate Him in his bailiwick. r ^%Xr%T T TwTM _ WAnnT VnD4 u was He therefore returns the the within named DEFENDANT FOLK JAMES N NOT FOUND , as to 556 WEST PENN STREET CARLISLE, PA 17013 DEFENDANT WAS NOT FOUND AT GIVEN ADDRESS. Sheriff's Costs: Docketing Service Not Found Surcharge So answe -- '? 18.00 5.00 5.00 R. Th as Kline 10.00 Sheriff of Cumberland County .00 38.00 MCCABE WEISBERG CONWAY 10/15/2008 Sworn and Subscribed to before me this day of A. D. Exhibit B Attorney Outsourcing Support Services, Inc. Suite 2040 Stacey O'Connell 123 S. Broad Street Operations Manager Philadelphia PA 19109 IA (215)790-5964 fax (215)790-5990 Affidavit of Good Faith Investigation SUBJECT OF INVESTIGATION: Folk, James N. CLIENT: McCABE, WEISBERG & CONWAY, P.C. FILE #:38538 MATTER #:267-0130 COURT TERM & NUMBER: AOSS FILE #:08-7338 SUBJECT'S LAST KNOWN ADDRESS: 225 Fracis L. Cadden Pkwy. Apt. 203 Harrisburg, PA 17111 Serving Connecticut, New York, New Jersey, Pennsylvania, Maryland, Vrginia, and D.C. I Oscar Dungan, being duly sworn according to law, deposes and says that on ,??-09 I completed a good faith investigation into the whereabouts of the above named subject and the extent of the investigation and the results are as follows: 1. INQUIRY OF POSTAL AUTHORITY: A. NATIONAL ADDRESS UPDATE Postal authority stated that there is change in the subject's address. 2. INQUIRY OF LOCAL TELEPHONE COMPANY A. DIRECTORY ASSISTANCE AND INTERNET SEARCH Directory assistance had no listing for the subject. ? a` rl s ,? r Page Two Folk, James N. (subject) 3. INQUIRY OF DEPARTMENT OF MOTOR VEHICLES: I was unable to verify current drivers license information of the subject. 4. INQUIRY OF COUNTY VOTER REGISTRATION I was unable to confirm a listing with the County Voter Registration Office for this subject. 5. INQUIRY OF NEIGHBORS: Called Derrick Robert Miller, 550 W. Penn St., (717)-241-6003, and the number was disconnected. Called Jennifer Garcia, 550 W. Penn St., (717)- 240-2085, and was unable to confirm that the subject still resides at the premises. 6. OTHER INQUIRES: A. DEATH RECORDS Social Security has no death record for the subject under this SSN. B. LEXIS-NEXIS SEARCH: Search shows that the subject resides at 556 West Penn Street; Carlisle, PA 17013 C. LOCAL TAX RECORD INQUIRY: Tax bill is mailed to property: 556 West Penn Street; Carlisle, PA 17013 The information set forth in this Affidavit of Good Faith Investigation is true and correct to the best of my knowledge and belief. BY: NAr TIT] Notary Public: Swor before me this day 2009. C?- 0 i A FYI, COMM . NOT W. SEAL snv?wu, LSTACEYr O'COPINELL9 Naita?y PL tlc JuN' 10, 2612 t v McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., as Trustee for Structured Asset Mortgage Investments II INC., Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates Series 2006-7 Plaintiff V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-5675 CIVIL TERM FLB - 0 ZC% ORDER AND NOW, this day of A4 , 2009, the Plaintiff is granted leave to serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendant, James N. Folk, by regular mail and by certified mail, return receipt requested, to his/her last known address of 225 Francis L. Cadden Parkway, Apt. 203, Harrisburg, Pennsylvania 17111 and by posting the Complaint at the mortgaged premises of 556 West Penn Street, Carlisle, Pennsylvania 17013. BY THE COURT: N -? 1 ? a CO) 7 G cr i ? c McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., as Trustee for Structured Asset Mortgage Investments II INC., Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates Series 2006-7 Attorneys for Plaintiff Cumberland County Court of Common Pleas Plaintiff V. Number 08-5675 CIVIL TERM James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk aWa Edwina Lea Tatum Defendants PRAECIPE TO REINSTATE COMPLAINT TO THE PROTHONOTARY: Kindly reinstate the Complaint in Mortgage Foreclosure in MARC S. =CON E EDWARD , MARGARET GAIRO, ANDREW L. MARKO Attorneys for Plaintiff ?`' rya TI SHERIFF'S RETURN - REGULAR CASE NO: 2008-05675 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK NA VS FOLK JAMES N ET AL JASON VIORAL Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon T/'1T Tl TA%f1_10 WT the DEFENDANT , at 0009:50 HOURS, on the 26th day of February-, 2009 at 556 WEST PENN STREET CARLISLE, PA 17013 POSTED PER COURT ORDER FOR by handing to JAMES @ 556 W. PENN STREET 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 Posting Surcharge So Answers: 18.00 4.50 6.00 10.00 R. Thomas Kline .00 38.50 02/27/2009 MCCABE WEISBERG & CONWAY Sworn and Subscibed to before me this day By. of A. D. t 4 `4, McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., as Trustee for Structured Asset Mortgage Investments II INC., Bear Stearns ALT-A Trust, Mortgage Pass-Through Certificates Series 2006-7 Plaintiff V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Defendants Attorneys for Plaintiff :CUMBERLAND COUNTY :COURT OF COMMON PLEAS :NUMBER 08-5675 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS. rwi w l . A0 f btk, Il ?, Esquire, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: That he is counsel for the above-named Plaintiff; 2. That on March 2, 2009, per the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, James N. Folk by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his/her last-known address of 225 Francis L. Cadden Parkway, Apt. 203, Harrisburg, Pennsylvania 17111. True and correct copies of the letters, certificates of mailing and certified receipts are attached hereto, made a part hereof, and marked as Exhibit "A." 3. That on February 26, 2009, in accordance with the attached Court Order, Plaintiff served a true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant, James N. Folk, by posting the same at the mortgage premises of 556 West Penn Street, Carlisle, Pennsylvania 17013. True and correct copy of the Affidavit of Service indicating the same is attached hereto, made a part hereof, and marked Exhibit "B." r-? TERRENCE M ESQUIRE MARC S. WEISBERG, SQUIRE EDWARD D. CONWA , ESQUIRE MARGARET GAIRO, SQUIRE ANDREW L. MARKO ITZ, ESQUIRE Attorneys for Plaintiff SWORN AND SUBSCRIBED BEFORE ME THIS I I DAY OF MARCH, 2009 \ 10 YbTARY PUBLIC of PE"YLVAWA IAL SEAL ME! h Pfwla 2011 170MLV County TERRENCE J. McCABE*** MARC S. WEISBERG*' EDWARD D. CONWAY MARGARET GAIRO LISA L. WAU ACE+t BRENDA L.BROGDON* FRANK DUBIN ANDREW L. MARKOWITZ GAYL C. SPIVAK* HEIDI R. SPIVAK* SCOTT TAGGART* MARISA COHEN* KATHERINE SANTANGINI- JASON BROOKSA DEBORAH K. CURRANt. LAURA H.G. O'SULLIVANt- STEPHANIE H. HURLEY- MARGARET MARY BALMFORTH .< • Ummd is PAANI •• IJmned in PA A NY A limred in NY ^A lieemed in NJ Lioew d in PA t WA •• Llcmnnd in PA. NJ t NY t limned in NY&Cr • breed in MD t DC .. llosn.d in MD + Mmgin{ Aam" IN NY * MMOSW4 Ap.ne, fm MD * Lbennd in VA James N. Folk 225 Francis L. Cadden Parkway, Apt. 203 Harrisburg, PA 17111 Re: EMC Mortgage Corporation v. Folk Cumberland County C.C.P. Number 08-5675 CIVIL TERM Dear Mr. Folk: Of Counsel JOSEPH F. RIGA* - PA &c NJ Enclosed please find a true and correct copy of Complaint in Mortgage Foreclosure, along with a copy of the signed Order dated February 13, 2009, the original of which has been filed against you in regard to the above-captioned matter. Very truly yours, TERRENCE J. McCABE TJM/eci Enclosures SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7008.3230 0003 38813541 RETURN RECEIPT REQUESTED A This is a communication from a debt collector. Exhibit This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. V(Domestic Mail . On?y; No Insurance Coverage Provided) LAW OFFICES Ln ? McCABE, WEISBERG & Cd rry Far delivery information W visit our wobsitc at w?vvi.usfz.com ' i SUITE 2080 * t 12% = I A IJ 123 SOUTH BROAD STREi ? _ . PHILADELPHIA, PA 191(1 co Postage $ (215) 790-1010 Certified Fee v FAX (215) 790-1274 ! ru C3 Retum Rer?ipt Fee (Endorsement Required) '" Hem 0 RestrMed Delivery Fee a (Endorserr-d Required) UPS M Rl Total Postage R Fees $ - m March 2, 2009 ca C3 .. . or Po am No. „L....... ..........» ............. ? idlJ*ALA;.r?. . SHERIFF'S RETURN - REGULAR `-ASE NO: 2008-05675 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND CITIBANK NA VS FOLK JAMES N ET AL JASON VIORAL Sheriff or Deputy Sheriff of. Cumberland County,Pennsylvania, who being.duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon FOLK JAMES N the DEFENDANT at 0009:50 HOURS, on the 26th day of February , 2009 at 556 WEST PENN STREET CARLISLE, PA 17013 by handing to POSTED PER COURT ORDER FOR JAMES @ 556 W. PENN STREET .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: So Answers: Docketing 18.00 Service 4.50 Posting 6.00 Surcharge 10.00 R. Thomas Kline .00 38.50 02/27/20.09 MCCABE WEISBERG & CONWAY Sworn and Subscibed to By: ,. before me this day - eput Sheriff of A. D. Exhibit B FEB 1 0 2M c, McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 164% MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., as Trustee for Structured Asset Mortgage Investments Il INC., Bear Stearns ALT-A Trust, Mortgage Pass-Through . Certificates Series 2006-7 Plaintiff V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-5675 CIVIL TERM ORDER AND NOW, this .13* day of , 2009, the Plaintiff is granted leave to serve the Complaint in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendant, James N. Folk, by regular mail and by certified mail, return receipt requested, to his/her last known address of 225 Francis L. Cadden Parkway, Apt. 203, Harrisburg, Pennsylvania 17111 and by posting the Complaint at the mortgaged premises of 556 West Penn Street, Carlisle, Pennsylvania 17013. BY THE COURT: AI y _ A" J. TRUE COPY FROM REWRU ToolMony whend. I Mete s eet My hW 4 06 of SW6 at tom. PL 13 am. V? ?` aj iY..?. f?Mi1?1r 0 1 C-o McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Trust Mortgage Pass-Through Certificates Series 2006-7 Plaintiff V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Defendants TO THE PROTHONOTARY: Attorneys ?or Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLE?S I i Number 08-5675 CIVIL TERI'?I II Kindly enter judgment by default in favor of Plaintiff and against Defendantsin the for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and Principal Interest from 09/15/08 to 04/03/09 Total $ 127,316.36 $ 4,868.22 $ 132,184.58 TERRENCE J. McCABE, ESQUI MARC S."WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIR MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff AND NOW, this day of 2009, Judgment is entered in fa N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Pass-Through Certificates Series 2006-7, and against Defendants, James N. Folk and Edw Lea Folk a/k/a Edwina Lea Tatum, and damages are assessed in the amount of $132,184.58, BY E PROTHONO RY: matter damages as follows: of Plaintiff, Citibank, t Mortgage L. Folk a/k/a Edwina ,lus interest and costs. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Structured Asset Mortgage Investments 11 Inc., Bear Stearns Alt-A Trust Mortgage Pass-Through Certificates Series 2006-7 Plaintiff V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Defendants Attorneys ?or Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLE?S Number 08-5675 CIVIL TERI AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. The undersigned, being duly sworn according to law, deposes and says that the Defendants, James N. Folk i and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum, are not in the Military br 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; and that the Defendants, James N. Folk and Edwina L. Folk wk/a Edwina Lea Folk a/k/a Edwina Lea Tatum, are over eighteen (18) years of age, and reside as follows: James N. Folk Edwina L. Folk a/k/a Edwina) Lea Folk a/k/a Edwina 556 West Penn Street Lea Tatum Carlisle, Pennsylvania 17013 556 West Penn Street Carlisle, Pennsylvania 1701 SWORN AND SUBS 41BED BEFORE ME 1;IS A::> DAY 2009 1;h I CQIX-v NOTARY PU IC COMMONWEALTH OF PENNSYLVANIA TERREVE J. McCABE, ESQ MARC WEISBERG, ESQUI EDWARD D. CONWAY, ESQI MARGARET GAIRO, ESQUI] Attorneys for Plaintiff NOTARIAL SEAL STACEY M. OWNNELL, Notary Public City Of ia, Phila. COU101 CorraMasion Expires July 10, 2012. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Trust Mortgage Pass-Through Certificates Series 2006-7 Plaintiff V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Defendants i Attorneys ?or Plaintiff i CUMBERLAND COUNTY COURT OF COMMON PLE. S Number 08-5675 CIVIL TERM CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant] that judgment would be entered against them within ten (10) days from the date of said letter in accordance with Rul? 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked ?s Exhibit "A". SWORN AND SUBS IBED BEF E T IS DAY OF j 12009 NOTARY PU IC TERREN J. McCABE, E! MARC S. EISBERG, ESQ EDWARD D. CONWAY, ES MARGARET GAIRO, ESQI Attorneys for Plaintiff O AL OF PENNSYLVANIA NOTA lAL SEAL STACEY M. O'CONNELL, Notary Pubic Cky of Ph , Phila. County tio 10, 20 22 VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the b?st of his knowledge, information and belief and further states that false statements herein are made subject to the benalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. TERREVE I McCABE, ESQ MARC WEISBERG, ESQUI EDWARD D. CONWAY, ESQI MARGARET GAIRO, ESQUII Attorneys for Plaintiff Curt Long Prothonotary To: James N. Polk 225 Francis L. Cadden Parkway, Apt. 203 Harrisburg, 1)A 17111 Citibank, N.A., as'f'rustee for Structured Asset Mortgage Investments 11 INC.,, Bear Stearns ALT-A 'T'rust, Mortgage Pass-Through Certificates Series 2006-7 vs. James N. Polk and Edwina 1.,. Folk a/k/a Edwina Lea Polk a/k/a Edwina Lea 'I'atu11 OFFICE OF THE PROTHONOTARY COURT' OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 March 23, 2009 Cumberland County Court ol'C01111110n PIeaS Number 08-5675 CIVIL. TERM NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT 13Y DEFAI IMPOR'T'ANT NOTICE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A 1VRI'll'EN APPE,ARANC'F.. I'IiRSONALLY OR BY ATTORNEY AND FILL 1N WRITING WITII TNT, COURT YOUR DEFENSFS Olt 0131ECTIONS TO THE CLAIMS SHT FORTH AGAINSTYOU. LlNLEss YOU ACT WITHIN TEN (10) DAYS FROM THE DATE OF THIS NO'T'ICE, A JUDGMENT MAY BE` ENTERED AGA INS I YOU W11 I fOUTA NEARING AND YOU MAY LOST YOUR PROPER'T'Y OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER 7"0 YOUR LAWYER AT ONCE. IF YOU DO NOT) IAVE A LAWYf.:R, GO -1-0 OR TELEPHONE THE- OFFICE SET FOR'flf 13fzL01V. T) US OFFICIi CAN PROVIDI YOU WITH 1NFOILMATIUN AliOll"I" HIRING A LAWYER. IP YOIJ CANNO"1'AFFORD'r0 )1)RFA LAWYER. THIS OFFICE MAY BL• ABLE l D PRO V i Dl' 1'011 W I'1111 N)-'ORNiAI'ION ABOUT' AGT_NCI I?S'!'I1A'I' MAY OFFFIt I.EGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. (timberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 99()-9108 NOTIFICACION USTIiD Sf.: IiNCUGNTRA FN 13S'rADO PRESENTADO UNA COMPARECr PERSONALMENTE O POR ABOGADO Y I ESCRITO CON ESTE TRIBUNAL SITS IN RECLAMOS FORMULADOS EN CONTR ACCION DEBIDA DENTRO DL" DIE''/. (1C NOTIFICACION, FL TRIBUNAL PC COMYARL"•CER USTED HN COR'rl: ll o si-NTENCIA EN SU CONTRA Y USTED PO DERECHOS IMPORTANTES. USTED LC DEBF_ TOMAR li' INMEDIATAMENTC. SI USTED NO I'II': TE1 tiroN1.?A LA OFICINA EXPUSO AEA PROPORCIONAR CON INFORMAC ON ABOGADO. SI USTED NO FUI-DL' PROPORCIONAR I ESTA OFICINA PUEDE SER CAI'A7_ INFORMA06N ACE 'RCA DE I,AS AGENCI SERVIC.IOS LECALES A PIiRSONAS R1 )UCIDO NI NINGON I IONORARIO. Cumberland Counq' Bar Association 2 Libeny Avenue Carlisle, Pennsylvania 17013 (800)990-91U8/1 BY: Attorneys for Plaintiff TERRENCI J. McCADE, ESQUIRE M. ARC S. WEIS13EIZG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARE'T' GAIRO, ESQUIRE ANDREW L. MARKOWIT , ESQUIRE ORTANTi'. CIA R NO NA131i3 it:1:)": \ :•• ; :'(:]t ENSAS U 03,'S:. , . )ti SUYO- A:. M: RA, SIN :.:':.... .. .,.. PAVE!, :\ A UN A 10C OFFICE OF "I HI-1 PIZOTIIONOTARY COURTOF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 1 Curt I,ong Prothonotary March 23, 2009 To: Edwina L. Folk a/k/a Edwina Lea Folk a/k/a EdNvina Lca Tatum 556 West Penn Street Carlisle, Pennsylvania 17013 Citibank, N.A., as Trustee for Structured Asset Mortgage 1nve:stments 11 INC., 13car Stearns ALT-A Trust, Mortgage Pass-Through Certificates Series 2006-7 vs. James N. Folk and 1;dwina L. Folk a/k/a Edwina fxa Folk a/k/a Edwina Lea Tatum Cumberland County Court of Common Pleas Number 08-5675 CIVIL '1'1;RM NOTICE, RIJI.I: 237.5 NOTICE' OF PRAECIPE TO ENTER JUDGMENT BY DEFA ULT IMPORTAN'T' NOTICE NOTIFICACION I PORTANTF, YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED 1'0 ENTER A USTED SE ENCUENTRA EN EST'ADO X", REBELD•,A P; )a 1 WRITTEN APPEARANCE PERSONALLY Olt 13Y ATTORNEY AND FILE IN PRESENTADO UNA COMPARECE 'CIA ESCIC: A. 1A WRITING WITH THE COUR'T' YOUR DEFENSES Olt OBJECTIONS To THE PERSONALMENTEO POR ABOGADO Y P OR NO1?AW:R it:\:i': CLAIMS Sli 1- FOR"1'lf AGAINST YOU. 1)NLESS YUU AC'r WITHIN TEN (I0) ESCRITO CON ESTE TRIBUNAL SUS DE ENSAS U 03J:i(':.::.g \ :1US DAPS FROM THE DATE OF TI ITS NOTICE, A JUDGMEN"r MAY BE ENTERED RECLAMOS FORMULADOS EN CONTR. SUMO. ,A:. :: ,v t t :A AGAINS'l YOUWI'rHOUT'AHEAltINGAN1) YOUM A Y LOSE YOUR PROPERTY AC'CION DEBIDA DENTRO DE DIE%(10 DIAS D)-: L:\ l ix'.. -A OR OTHER IMPORTANT RIGHTS. NOT'IFICACION, Ill. TRIBUNAL POD RA, SIN N'.i * - ,,.. YOU SHOULD TAKE THIS PAPI R TO YOUR LAWYER AT ONCE. IF YOU COMPARECER US'rl' D I -N CORTI; U OI PRE:J:3A A c : . '. DO NUT HAV E A LAWYER, Go -To Olt 'I I LEPI-IONE THE OFFICE SET FOR T'f l SENT'ENC1A EN SU CON'TRA Y USTED POl E(IA P?IEtD?::( ii:: ' . , BELOW. T?IIiS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT ll151t13C:F1US 1MPOR"fAN'fISS. HIRING A LAWYER. USTED 1,E Dar TOMAR ES 'E PAPE?. A S:' ll:YO(J('ANNO'TAT'FOR)T'014IRIiAI.AWYlilt,'I'HISOi7FICEK4AYBEABI"r: INMEDIATAMENTE. SI USTED NO TIE,! !.i A 13N AHOC 1 T•OPROVIDEI'OU\VII'HINI-ORMA'r10NABOt)'1'AGLiNCII:S'1'HA:FMAYOPFER TELEFONEA LA OFICINA EXPUSO ABAJ . ESTA 01?C':S.1 L :GAL SEttv1CES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEI?. PROPORCIONAR CON INFORMATION CERCA A ;'N ABOGADO. Cumberland County Bar Association SI(JSTT:1)NOPUEDIiPROPORCIONARI' RAE0.MP?.FAR 1 . '•... _ , ,.,. 7_ Liberty Avenue EST'A OFICINA PUEDI: Sf?R CAPA% I: PRON):W::.' -,\? Carlisle, Pennsylvania 17013 INFORI4AC[ONA(".I R(.'Al)Ii1,ASA(.it3NC1: S<?llfiP:!i::)ii?'; :: (800) 990-9108 Sra(VICIOS LEGAIJ:S A PERSONAS ELI GIBLES RL•DU•CIDO NI NINGON IIONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 BY: j Attorneys for Plaintiff TE RRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 171 Curt Long Prothonotary March 23, 2009 T'o: James N. Folk 4?J?1 113 556 West Penn Street Carlisle, Pennsylvania 17013 Citibank, N.A., as 't'rustee for Structured Asset Mortgage Investments II INC., Bear Stearns AL; I'-A "trust, Mortgage Pass-Through Certificates Series 2006-7 vs. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatuin Cumberland County Court of Com.nion Pleas Number 08-5675 CIVIL T RM NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT' IMPORTANT NOTICE NOTIFICACION IM.POl1TA. "1'l i YOU ARE IN DEFAULT BECAUSE: YOU HAVE !'AILED TO FNT17R A LISTED SE ENCUEN'rRA EN I'STA O DI: WRITTEN APPEARANCE PERSONALLY Olt BY A'I-I"OIINI Y AND FILE IN 11R1.SENTADO UNA COMPARE ENCIA i:S(-C': ,!;A WRI'T'ING W!'I'Ii THE COURT YOUR DEFENSES Oft OBJECTIONS TO'I'IiE P1iRSONALMENTEOPORABOGADO 'NORNO!!A8}:;t •: , ;;'', ;;) c)a CLAIMS Sr'I' FORTII AGAIN'SI' YOU. UNLESS YOIJ ACT 5VIT1iIN I'L•N' (10) f. S(:RI1'U CON ESTI: TRIBUNAL. SUS )EFENSAS a 0?1' : , s' A :.OS DAPS FROM THE DATEOF11JIS NO'rIC:E•, A JUDGMENT MAY BE ENTERED RE:CLAMOS FORMULADOS 1:N CON TRA SUY0, A:. .. , . , . ',, a :.A !GAINS'rYou\\+1'rlK)(J'1'AIHEAR INGANDYOUMAYLOSEYOURPROPERTY ACCION DEBIDA DL•NTRO DE DIEZ ( 10) D1AS Cpl{ :.,\ :''; OR OTHf;R 1MPORTANI' RIGII1S. NOTIFICACION, EL TRIBUNAL I ODRA, SIB YOU SIiOULD 1:4K1: 1NIS PAPER TO YOUR LAWYER AT ONCE. IF YOU CO,NI'ARECIiR LISTED EN COR'1'E U OIR PItIiUi3:1 DO NOT I IAVI? A LAWYER, GO TO Olt TI:I,l;PHONI.: TItE OFFICE SL:T FOR'rFI SI NTENCIA EN SU CONTRA Y USTE'D 1 10DRIA NI;RD!;:t'i: !V° S :' }tOS BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT DERI:CHOS IMPORTANTES. I IIRING A LAWYER. USTED I..E DEBE TOMAR I_S'11: PA!-. A '. :OA::) IF YOU CANNOT AFFORVTOHIRE AI.AWY1iR,T1118OFFICE MAY BE AI9LE INMEDIATAMEN"IT:. SI US'1'1,iD NO'1 11:N'I: A UN' Ai301 \ O TOPROVIDEYOU WITH INFORMATION A1iOlfrAGl?NCII?S'I'FlA1'1,4AY01'1°ER TF.LEFONEA LA OFICINA E•XPUSO A AK). ES':';\ LEGAL. SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PROPOR(NONAR CON INFORMAC16: ACMIC ').. ...... \ i , ABOGADO. Cumberland County Bar Association SI US'fEiD NO P111 DEPROPORCIONA t P.\it:\ !:?:i':.;.,\: .:. ;,: ; :.:\; ); ), 2 Liberty Avenue ESTA OPICINA I'UEDE SER CAPA :. DE c'ON Carlisle. Pennsylvania 17013 INFORNIACIONACI;K(:ADI,LAS ACiI N 'I:\SOUli?i (8O0) 990-9108 SERVICIOS LEGALES A PERSONAS I LE(ilBL!r_l' i:X t:O RriD(JCn)O NI NINGIiN 11ONORARlO. Cunlbel'laud County 13ar Associati n 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 13Y: j Attorneys for Plaintiff ?" TER.RENCE J. McCABE, ESQUIRE MARC S.WFISBER(;, ESQUIRF EI)WARD 1). CONWAY, ESQUIRE MARGARET' CAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQ1 l ALED-OfFa OF THE PROV, NC}TRRY 7009 APR -6 AM 11: 52 CUME4 ? .. } ?,OUNiY PENN YLV A Pd. f /q ?d A? C? ? 531?i OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 X Judgment by Default Money Judgment Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please callMcCabe, Weisberg and Con?ayy P.C. at (215) 790-1010. Prothonotary To: James N. Folk 225 Francis L. Cadden Parkway Apt. 203 Harrisburg, Pennsylvania 17111 Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Trust Mortgage Pass-Through Certificates Series 2006-7 Plaintiff V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum COURT OF COMMON PLEA S CUMBERLAND COUNTY No. 08-5675 CIVIL TERM Defendants NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been a tered Iin the above proceeding as indicated below. Prothono OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: James N. Folk 556 West Penn Street Carlisle, Pennsylvania 17013 Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Trust Mortgage Pass-Through Certificates Series 2006-7 Plaintiff V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Defendants COURT OF COMMON PLE) CUMBERLAND COUNTY No. 08-5675 CIVIL TERM NOTICE UDGMENT has bee entered Pursuant to Rule 236, you are hereby notified that a ;Prothonota as indicated below. X Judgment by Default - Money Judgment Judgment in Replevin - Judgment for Possession If you have any questions concerning this Judgment, please P.C. at (215) 790-1010. S the above proceeding I, OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum 556 West Penn Street Carlisle, Pennsylvania 17013 Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Trust Mortgage Pass-Through Certificates Series 2006-7 Plaintiff COURT OF COMMON PLE) CUMBERLAND COUNTY V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Defendants No. 08-5675 CIVIL TERM NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered ?n the above proceeding as indicated below. 4Prothonota X Judgment by Default - Money Judgment - Judgment in Replevin Judgment for Possession If you have any questions concerning this Judgment, please P.C. at (215) 790-1010. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Tru V. FILE NO.: 08-5675 CIVIL TERM Civil Term AMOUNT DUE: $132,184.58 INTEREST: from 04/04/09 James N. Folk and Edwina L. Folk a/k/a Edwina Lea $3,302.96 at $21.73 Folk a/k/a Edwina Lea Tatum ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the'appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 556 West Penn Street; Carlisle, Pennsylvania 17013 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: Signature: Print Name: CCA , WEISBERG AND CONWAY Address: 123 S. Bro d Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. (.i) M. ?001 i9 Y 27 i 'I I' 30 -+OL4.oo PO wrN it ! b•dv ~ Be •? Z$.S.C ?' n ti f`.X7' `. K ?" _ •t t r r0•? t t ` ? •r t t 3fi2•??" awe' X64 PIC #?•,6 Oc3 l .r. Citibank, N.A., As Trustee For Structured Asset CUMBERLAND Mortgage Investments It Inc., Bear Stearns Alt-A Tru McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Plaintiff V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Defendants Attorneys for Plaintiff COUNTY COURT OF COMMON PLEAS NO: 08-5675 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ 1. Name and address of Owners or Reputed Owners Name Address James N. Folk 556 West Penn Street Carlisle, Pennsylvania 17013 Edwina L. Folk &Wa Edwina Lea 556 West Penn Street Folk a/k/a Edwina Lea Tatum Carlisle, Pennsylvania 17013 2. Name and address of Defendants in the judgment: Name Address James N. Folk 556 West Penn Street Carlisle, Pennsylvania 17013 of Execution was filed the following information concerning the real property located at:556 West Penn Street, Carlisle, Pennsylvania 17013, a copy of the description of said property being attached hereto and marked Exhibit "A." Edwina L. Folk aWa Edwina Lea 556 West Penn Street Folk a/k/a Edwina Lea Tatum Carlisle, Pennsylvania 17013 .d. 3 Name Address Plaintiff herein Chase Bank USA, N.A. c/o James C. Warmbrodt Weltman, Weinberg, & Reis Co., L.P.A. 436 Seventh Avenue Suite 2718 Pittsburgh, Pennsylvania 15219 4 5 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Address Mortgage Electronic Registration 3301 Boston Street Systems, Inc., as nominee for Ist Baltimore, Maryland 21224 Mariner Bank Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address 556 West Penn Street Carlisle, Pennsylvania 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 C.'7 PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Name and address of Attorney of record: Name Address 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. Section 4904 relating to unsworn falsification to authorities. May 20, 2009 DATE TE NCE J. McCABE, ESQUIRE MAR S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff rllb. 2C? C yt b McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Tru V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 08-5675 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: James N. Folk Edwina L. Folk a/k/a Edwina Lea Folk &Wa 556 West Penn Street Edwina Lea Tatum Carlisle, Pennsylvania 17013 556 West Penn Street Carlisle, Pennsylvania 17013 Your house (real estate) at 556 West Penn Street, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on September 2, 2009 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $132,184.58 obtained by Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Steams Alt-A Tru against you. 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 canceled if you pay to Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Tru the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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. 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 the following notice 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 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 McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 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. You have a 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (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 schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate 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, 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH SIDE OF WEST PENN STREET, AT THE CORNER OF LOT NO. 5, NOW OR FORMERLY OF JAMES L. OTSTOT AND MILDRED L. OTSTOT, HIS WIFE, ON THE PLAN OF LOTS HEREINAFTER REFERRED TO; THENCE SOUTHWARDLY ALONG LOT NO. 5, A DISTANCE OF 120 FEET, MORE OR LESS, TO A POINT ON THE NORTH SIDE OF A 12 FOOT ALLEY; THENCE WESTWARDLY ALONG THE SAID ALLEY, A DISTANCE OF 50 FEET, TO A POINT ON LINE OF LANDS NOW OR FORMERLY OF ALBERT L. NICKEY AND ARTHUR L. NICKEY; THENCE NORTHWARDLY ALONG SAID LANDS, A DISTANCE OF 120 FEET, MORE OR LESS, TO A POINT ON THE SOUTH SIDE OF WEST PENN STREET; THENCE EASTWARDLY ALONG THE SOUTH SIDE OF WEST PENN STREET, A DISTANCE OF 50 FEET TO THE PLACE OF BEGINNING. BEING ALL OF LOT NO. 6 ON THE PLAN OF LOTS OF THE EXECUTORS OF MARGARET R. MECK, DECEASED, RECORDED IN PLAN BOOK NO. 2, PAGE 104. Being known as:: 556 West Penn Street, Carlisle, Pennsylvania 17013. BEING the same premises which SUZANNE K. MORGAN, NOW BY MARRIAGE SUZANNE MORGAN HOPPER by deed dated August 14, 2006 and recorded August 24, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 276, Page 1524, granted and conveyed to James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum in fee. TAX MAP PARCEL NUMBER: 05-20-1796-075 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-5675 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIBANK, N.A., AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS H INC., BEAR STEARNS ALT-A TRU, Plaintiff (s) From JAMES N. FOLK AND EDWINA L. FOLK A/K/A EDWINA LEA FOLK A/K/A EDWINA LEA TATUM (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 $132,184.58 Interest FROM 4/4/09 $3,302.96 AT $21.73 Atty's Comm % Atty Paid $372.32 Plaintiff Paid Date: MAY 27, 2009 L.L. $.50 Due Prothy $2.00 Other Costs (Seal) REQUESTING PARTY: Name MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY, P.C. 123 SOUTH BROAD STREET SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 Deputy R McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Steams Alt-A Tru Plaintiff James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-5675 CIVIL TERM Defendants AFFIDAVIT OF SERVICE I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 30`h day of June, 2009, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A." Copies of the letter and certificates of mailing are also attached hereto, made a part hereof and marked as Exhibit "B." SWORN AND SUBSCRIBED BEFORE ME THIS 3OT" DAY OF JU E, 20 A N ARY PUBLIC TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Shelita Lynn Gaskins - Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES JUNE 12, 2013 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Structured Asset Mortgage Investments 11 Inc., Bear Stearns Alt-A Tru Plaintiff V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Defendants CUMBERLAND Attorneys for Plaintiff COUNTY COURT OF COMMON PLEAS NO: 08-5675 CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at:556 West Penn Street, Carlisle, Pennsylvania 17013, a copy of the description of said property being attached hereto and marked Exhibit "A." Name and address of Owners or Reputed Owners Name James N. Folk Address 556 West Penn Street Carlisle, Pennsylvania 17013 Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum 556 West Penn Street Carlisle, Pennsylvania 17013 2. Name and address of Defendants in the judgment: Name Tamrc N Fnllk Address CG4 111oar 0.-- Ct.- + Carlisle, Pennsylvania 17U13 Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum 556 West Penn Street Carlisle, Pennsylvania 17013 3 4 5 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Chase Bank USA, N.A. c/o James C. Warmbrodt Weltman, Weinberg, & Reis Co., L.P.A. 436 Seventh Avenue Suite 2718 Pittsburgh, Pennsylvania 15219 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Address Mortgage Electronic Registration 3301 Boston Street Systems, Inc., as nominee for 1st Baltimore, Maryland 21224 Mariner Bank Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address 556 West Penn Street Carlisle, Pennsylvania 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 8. Name and address of Attorney of record: Name Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information an belief. understand a false statements herein are made subject to the penalties ot 18 a. . . Section 4904 relating to unsworn falsification to authorities. May 20, 2009 DATE / Z?2? TER NCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Tru COURT OF COMMON PLEAS Plaintiff V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Defendants DATE: June 30, 2009 TO: ALL PARTIES IN INTEREST AND CLAIMANTS CUMBERLAND COUNTY Number 08-5675 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum PROPERTY: 556 West Penn Street, Carlisle, Pennsylvania 17013 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 2, 2009 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. 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A;b C?CC3 w C o ?OG ? o z_: .. ?^'CC? 6 = p 7 G O m= 7 O ? u o ?$v, °o y Q'A ro o . r m m boU _ sR^ fb n a??'-5?7w CD y a eb 00 WTQ a 3 .. ° c c C% v' B ee ee 00 p 2 W M H O ~y 7 •S O ` °1 < '1 C A O p, S N 7 O R O _ O N d H A• UI ° n'7 b a OF THE 2909 JUL -6 Pt 12: 52 tJ N FY IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Trust Mortgage Pass-Through Certificates Series 2006-7 V. FILE NO.: 08-5675 CIVIL TERM Civil Term AMOUNT DUE: $132,184.58 INTEREST: from 04/04/09 $3,302.96 at $21.73 ATTY'S COMM.: James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. AMENDED PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 556 West Penn Street, Carlisle Pennsylvania 17013 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: Signature---'" - ?- ?? Print Name: MCCABE, WEISBERG AND CONWAY Address: 123 S. Broad Street, Suite 2080 _Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. FFlLF4'v ;Y 2OZ9 JL) 1 F'? 2: 57,6 ii cum, I r McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Tru Plaintiff V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas 08-5675 CIVIL TERM Number 08-5675 CIVIL TERM AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND :SS. The undersigned attorney, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: 1. That he is counsel for the above-named Plaintiff; 2. That on July 13, 2009, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, James N. Folk by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his last-known address of 556 West Penn Street, Carlisle, Pennsylvania 17013. A true and correct copy of the letter and certified receipt, is attached hereto, made a part hereof, and marked as Exhibit 0 3. That on July 13, 2009, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, James N. Folk, by posting the same at the mortgaged premises of 556 West Penn Street, Carlisle, Pennsylvania 17013. A true and correct copy of the Sheriffs Returns of Service indicating same is attached hereto, made a part hereof, and marked as Exhibit "B". --)? 4LOoOj? JL TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff SWORN AND SUBSCRIBED BEFORE ME THIS 3`d DAY OF AUGUST, 2009 TARY PUBLI COMMONWEALTH OF PENNSYLYA141 NOTARIAL SEAL Carrie Johnson - Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES JUNE 11, 2013 TERRENCE J. McCABE*•• MARC S. WEISBERG•• EDWARD D. CONWAY MARGARET GAIRO ••' LISA L. WALLACE+t DEBORAH K. CURRAN±- LAURA H.G. O'SULLIVAN±- GAYL C. SPIVAK* _ FRANK DUBIN ••' ANDREW L. MARKOWITZ HEIDI R. SPIVAK* SCOTT TAGGART• MARISA COHEN• KATHERINE SANTANGIM- JASON BROOKSt STEPHANIE H. HURLEY- DIANN GREEN < DAVID P. FITZGIBBON• FAITH MIROS 'C THOMAS K. TESSMER < July 13, 2009 Licensed in PA • Licensed in PA & NJ "• Licensed in PA k NY A Licensed in NY ^^ Licensed in NJ Licensed in PA & WA ••• Licensed in PA, NJ d NY t Licensed in NY & CT • Licensed in MD d 1K • • Licensed in MD + Managing Attomey ter NY t Managing Attorney for MD Managing Attorney for NJ < Licensed in VA •<' Licensed in CT k NJ James N. Folk 556 West Penn Street Carlisle, Pennsylvania 17013 SUITE 100 8101 SANDY SPRING ROAD LAUREL, MD 20707 (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Columbia and Virginia Re: Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Tru vs. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Cumberland County; No. 08-5675 CIVIL TERM Premises: 556 West Penn Street, Carlisle, Pennsylvania 17013 Dear James N. Folk: Enclosed is a Notice of Sheriffs Sale relative to the above-captioned matter. Very truly yours, Nicole R. Gutierrez, Paralegal McCabe, Weisberg and Conway, P.C. TJM/nrg Enclosure SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7008 1830 0000 9467 6618 RETURN RECEIPT REQUESTED LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 SUITE 303 123 SOUTH BROAD STREET 216 HADDON AVENUE PHILADELPHIA PA 19109 WESTMONT, 08108 , 70 (8 858 80 (215) 790-1010 FAX (856) 858-7020 FAX (215) 790-1274 SUITE 310 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914)-636-8900 FAX (914)-636-8901 Also servicing Connecticut EAI?IA This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. b O rn rn sSpl O 0 400, 0 ?'fS o C%d g? ?6 *i1111117??g} .90 o EZpB a? s ?S es W x :r 'Y p( f4 y' (n a 01 ?r ?) ?r 92 U????? W V ?,C1 '?HU A. ° o c a ci 0 0 U N v? v a ?i z ti ? y H w0 ? O? 1•1 ? ? ?p 4 wi ?na? 1 . a0 b3a Z R y1113 O O d w 0 Atl, 4-4 O Z p V ... E-?aa ?N Y a e a° 0 a v C F 0 U g N w M a OO Alt, oa°a °EQ? Q°OL US a OWN" a LL A 0000 OEVT 900L g099 L9h6 QT99 L9h6 :5s-5 33- R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Sheriffs Office of Cumberland County ??,te eE ?uarbtr?" OW" OF "* SHERIFF C?OP1`T Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Citibank, NA VS. James N Folk SHERIFF'S RETURN OF SERVICE Case Number 2008-5675 07/13/2009 09:12 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Edwina L. Folk, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant Edwina L. Folk. 07/13/2009 09:12 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 65/24/09 at 2108 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James N. Folk and Edwina L. Folk, located at, 556 West Penn Street, Carlisle, Cumberland County, Pennsylvania according to law. 07/13/2009 03:24 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6/25/09 at 1522 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: j arnaA N_ FOIL - by posting property pursuant to- court at, 556 West Penn Street, Carlisle, Cumberland County, Pennsylvania its contents. Exhibit B F T}F F "T"r,?,yt??ARY v (- OD 2009 AUG -4 t 43 CUM. ;'a a pi t Rc-: w\S&LVANIA McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Tru Plaintiff V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-5675 CIVIL TERM MOTION TO ALLOW SERVICE ON THE DEFENDANTS PURSUANT TO PA RULE OF CIVIL PROCEDURE 430 Plaintiff attempted to personally serve a true and correct copy of the Notice of Sheriff s Sale of Real Property upon the Defendant, Edwina Folk, at her last-known address of 556 West Penn Street, Carlisle, Pennsylvania 17013. The Sheriff was not able to serve the Defendant because he was unable to find the defendant. A true and correct copy of the Return of Service indicating the same is attached hereto, made a part hereof as Exhibit "A". 2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has conducted a good faith investigation to determine the current whereabouts of Defendant and the attached Affidavit sets forth in detail the nature and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B". 3. As a result of the investigation, a special Order of Court is required permitting service by regular and certified mail at the Defendant last known address and by posting a copy of the original process on the mortgaged premises. 4. If service cannot be made on the Defendant, Edwina Folk, the Plaintiff will be prejudiced. WHEREFORE, Plaintiff prays this Honorable Court grant an Order allowing the Plaintiff to serve the Notice of Sheriffs Sale of Real Property, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's Sale upon the Defendant,Edwina Folk, by regular mail; certified mail, return receipt requested; and by posting at the last-known address of Defendant and the mortgaged premises known in this herein action as 556 West Penn Street, Carlisle, Pennsylvania 17013. TERRENCE . McCAB E , It SQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Tru Plaintiff V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-5675 CIVIL TERM MEMORANDUM OF LAW If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct service pursuant to P.R.C.P. 430. WHEREFORE, Plaintiff prays this service be made. jv? TERRE E J. McCABE, ESQ MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010_ Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Tru Plaintiff V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-5675 CIVIL TERM CERTIFICATION OF SERVICE I, the undersigned attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on the 9th day of September, 2009, upon the following: Edwina Folk 556 West Penn Street Carlisle, Pennsylvania 17013 TERREN E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff VERIFICATION The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and that he/she is authorized to make this verification and that the foregoing facts are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. TERRENCE . McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff 3 Y5 3?- Sheriffs Office of Cumberland County R Thomas Kline Sher Ronny R Anderson ??ka at Cuprbar14# Chief Deputy Jody S Smith Civil Process Sergeant OMCE Of THE "PUFF Edward L Schorpp Solicitor Citibank, NA VS. James N Folk Case Number 200&5675 SHERIFF'S RETURN OF SERVICE 07/13/2009 09:12 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Edwina L. Folk, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant Edwina L. Folk. 07/13/2009 09:12 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 65/24/09 at 2108 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James N. Folk and Edwina L. Folk, located at, 556 West Penn Street, Carlisle, Cumberland County, Pennsylvania according to law. 07/13/2009 03:24 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6/25/09 at 1522 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: Jamas N-Folk_ by tin property pursuant to court order at 556 West Penn Street, Carlisle, Cumberland County, Pennsylvania -Vs conk tents.-- Co/"-?- 363 g' 1//9 Attorney Outsourcing Support Services, Inc. Suite 2040 Stacey O'Connell 123 S. Broad Street Operations Manager Philadelphia PA 19109 td (215)790-5964 fay (215)320-5779 Affidavit of Good Faith Investigation SUBJECT OF INVESTIGATION: Edwina Folk CLIENT: McCABE, WEISBERG & CONWAY, P.C. FILE #: 38538 MATTER #: 267-0130 COURT TERM & NUMBER: AOSS FILE #: 08-7338 SUBJECT'S LAST KNOWN ADDRESS: 556 West Penn Street, Carlisle, PA 17013 Serving Connecticut, New York, New Jersey, Pennsylvania, Maryland, Vuginia, and AC. I Anisa Lakuriai, being duly sworn according to law, deposes and says that on -AO --O? I completed a good faith investigation into the whereabouts of the above named subject and the extent of the investigation and the results are as follows: INQUIRY OF POSTAL AUTHORITY: A. NATIONAL ADDRESS UPDATE Postal authority has not responded after a written request. 2. INQUIRY OF LOCAL TELEPHONE COMPANY A. DIRECTORY ASSISTANCE AND INTERNET SEARCH Directory assistance does not have a listing for the subject. E*MB Page Two Edwina Folk (subject) 3. INQUIRY OF DEPARTMENT OF MOTOR VEHICLES: I was unable to verify current drivers license information for the subject. 4. INQUIRY OF COUNTY VOTER REGISTRATION I was unable to confirm a listing with the County Voters Registration Office for the subject. 5. INQUIRY OF NEIGHBORS: Mary Dutchess, 547 W Penn Street, Carlisle, PA 17013 (717)245- 0570 No answer, left message 6. OTHER INQUIRES: A. DEATH RECORDS Social Security does not have a death record for the subject under the SSN. B. INTERNET SEARCH: Search shows no address for the subject. C. LOCAL TAX RECORD INQUIRY: Tax bill is mailed to 556 West Penn Street, Carlisle, PA 17013 The information set forth in this Affidavit of Good Faith Investigation is true and correct to the best of my knowledge and belief. BY:, NAiif 1 ? X' LGc T- TITLE: Location Specialist Notary Public: Sworn before me this day vK-A 2009. all- C13MMONWEALIOF PENNSYLVANi. NOTARIAL SEAL Shelita Lynn Gaskins - Notary Public City of Philadelphia, Philadelphia County MY COMMISSION EXPIRES JUNE 12, 2013 rXWIB OF THE PRIOTH, I N0,TARl 2009 SEP I I PM 1* 5 7 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Tru Plaintiff V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk aWa Edwina Lea Tatum Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas 08-5675 CIVIL TERM Number 08-5675 CIVIL TERM AMENDED AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA SS. COUNTY OF CUMBERLAND The undersigned attorney, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: That he is counsel for the above-named Plaintiff, 2. That on September 81h, 2009, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, James N. Folk by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to his last-known address of 225 Francis L. Cadden Parkway, Apt. 203, Harrisburg, PA 17111. A true and correct copy of the letter and certified receipt, is attached hereto, made a part hereof, and marked as Exhibit "A". That on July 13, 2009, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, James N. Folk, by posting the same at the mortgaged premises of 556 West Penn Street, Carlisle, Pennsylvania 17013. A true and correct copy of the Sheriffs Returns of Service indicating same is attached hereto, made a part hereof, and marked as Exhibit "B". TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff SWORN AND SUBSCRIBED BEFORE ME THIS 8TH DAY OF EPTEMBE 009 NOTARY PU C COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Carrie Johnson -Notary Public City of Philadelphia, Philadelphia County PAY COMMISSK?N EXPIRES JUNE 11, 2013 om Q,,, Dr • r r ' r rar r L .. . ... - -....r-.....J CO ..._... r....n. .? ........ ....??. .-ti+.-. .? -0 Postage ru certilied Fee p Fleturn Hocaipt Fee -------• pastrnaril Hero (Endordontant Fl?quired) . Paslrrted Delivery Fee p (?-ndorsernent Required) . . . ._ .---- m _ - .. ?_? . . rU Total Postage 1 Fees sent 'r0 _ , 1 p ,weet. f3pL Alo.; or PO Box No., C:%ry SRrF??4 4- , ¢, 1 71 (1 ,, ? J U E E 2 .o r u ? .q y - n o Y .c a k j v Y ^C ? V v G O G O o M Q N Q C 3 i Ofi! ~ ti ?r p ?.l 0.. w y y C S Q v Q y '? v Q ? ? h U L7 p ?U x o t Vi " - ? c ri o • v c? .. h r. f V CC c rl !, U M f G 1r1 C h - } z tea: 3 f t - S t Y g _ y L f e Y '' f i ? [-f 5 00 G r V V. c O u G `a 'o G R L C e v .y 3 c a 4 E C r, 2 L V M F TERRENCE J. McCABE*** MARC S. WEISBERG** EDWARD D. CONWAY - MARGARET GAIRO ••' LISA L. WALLACE+t DEBORAH K.CURRANf- LAURA H.G. O'SULLIVANt- GAYL C. SPIVAK*= FRANK DUBIN'•' ANDREW L. MARKOWITZ `*' HEIDI R. SPIVAK* SCOTT TAGGART* MARISA COHEN* KATHERINE SANTANGINI^^ JASON BROOKSt STEPHANIE H. HURLEY- DIANN GREEN< MATTHEW CONNOR* FAITH MIROS '<' THOMAS K. TESSMER < ERIN BRADY - •' Licensed in PA ' Licensed in PA & NJ " Licensed in PA & NY ^ Licensed in NY ^^ Licensed in NJ Licensed in PA & WA •"' Licensed in PA, NJ & NY t Licensed in NY & CT • Licensed in MD & DC •• Licensed in MD + Managing Attorney for NY t Managing Attorney for MD Managing Attomey for NJ < Licensed in VA Licensed in CT & NJ LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215) 790-1010 FAX (215) 790-1274 James N. Folk 225 Francis L. Cadden Parkway, Apt. 203 Harrisburg, PA 17111 SUITE 303 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 310 145 HUGUENOT STREET NEW ROCHEL? E, NY 10801 (914)-634900 FAX (914)-?36-8901 Also servicing Clonnecticut SUITE 100 8101 SANDY SITING ROAD LAUREL, 1D 20707 (301) 494-1361 FAX (301) #90-1568 Also servicing the Dilstfict of Columbia and Virginia Re: Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Tru vs. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Cumberland County; No. 08-5675 CIVIL TERM Premises: 556 West Penn Street, Carlisle, Pennsylvania 17013 Dear James N. Folk: Enclosed is a Notice of Sheriff s Sale relative to the above-captioned matter. Very truly yours, Dara Krauss, Legal Assistant McCabe, Weisberg and Conway, P.C. TJM/dk Enclosure SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7008 1830 0001 0683 0496 RETURN RECEIPT REQUESTED This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. 3 ?-5 3?- R Thomas Kline Sheri Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Sheriffs Office of Cumberland County "Ott 8(cuarb, OFFIGE OF THE SHERIFF Citibank, NA vs. Case Numr James N Folk 2008-567$ SHERIFF'S RETURN OF SERVICE 07/13/2009 09:12 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Edwina L. Folk, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant Edwina L. Folk. 07/13/2009 09:12 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 65/24/00 at 2108 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in t e above entitled action, upon the property of James N. Folk and Edwina L. Folk, located at, 556 West Penn Street, Carlisle, Cumberland County, Pennsylvania according to law. 07/13/2009 03:24 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6/25/0 ',at 1522 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the abov entitled action, upon the within named defendant, to wit: James N_ Folk by posting prope rty ursuan to court order, at, 556 West Penn Street, Carlisle, Cumberland County, Pennsylvania its contents. EBB F LED-. GI+IGF OF THE F"?) T 'CNOTARY 2009 SEP ! 1 P11 (: 5 9 cur, SEp 14 2009 Gj I, McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Tru Plaintiff V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-5675 CIVIL TERM Defendants ORDER AND NOW, this 4 day of Sy real- , 2004 , the Plaintiff is granted leave to serve the Notice of Sheriffs Sale of Real Property in this matter upon the Defendant, Edwina Folk, by regular mail and by certified mail, return receipt requested, to his/her last known address of 556 West Penn Street, Carlisle, Pennsylvania 17013 and by posting the mortgaged premises of 556 West Penn Street, Carlisle, Pennsylvania 17013. BY THE COURT: J. I4Cf Olt: 2 0 0 9 SEA' 16 A11 8: t,, 2 I'll FY 11'.i J • A 4 ' . e ? 4 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE Attorney for Plaintiff Identification Number 16496 First Union Building 123 South Broad Street, Suite 2080 Philadelphia, PA 19109 (215) 790-1010 Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Tru COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff V. Number 08-5675 CIVIL TERM James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Defendant AFFIDAVIT OF SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND I, the undersigned attorney, being duly sworn according to law, deposes and says that the following is true and correct to the best of his knowledge and belief: That he is counsel for the above-named Plaintiff; 2. That on September 25, 2009, per the attached Court Order, Plaintiff served a true and correct copy of the Notice of Sheriff s Sale of Real Property upon the Defendant, Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum, by regular mail, certificate of mailing and certified mail, return receipt requested, addressed to her last-known address 556 West Penn Street, Carlisle, PA 17013. A true and correct copy of the letter, certificate of mailing, and certified receipt, is attached hereto, made a part hereof, and marked as Exhibit "A." 3. That on October 1, 2009 in accordance with the attached Court Order, per Plaintiff's conversation with the Sheriffs Office, Plaintiff served a true and correct copy of the Notice of Sheriffs Sale of Real Property upon the Defendant, Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum, by posting the same at the mortgage premises of 556 West Penn Street, Carlisle, PA 17013. SWORN TO AND SUBSCRIBED W& BEFORE ME THIS, DAY 01`,& , 2009. PUB rti'"?-c )?)t7 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff NOTARIAL SEAL Zella R. Pullins -Notary Public City of Ph;ladelphia, Philadelphia County MY COMfN! S!;,^? FXPIRES JUNE 12, 2013 SEP 14 2009 G 365-83 MCCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34697 MARGARET GAIRO, ESQUIRE - ID #34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Tru Plaintiff' V. James N. Folk and Edwina L. Folk aWa Edwina Lea Folk a/k/a Edwina Lea Tatum Defendants Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 08-5675 CIVIL TERM ORDER AND NOW, this 1s4jy of ooQ, the Plaintiff is granted leave to serve the Notice of Sheriff`s Sale of Real Property in this matter upon the Defendant, Edwina Folk, by regular mail and by certified mail, return receipt requested, to his/her last knowq address of 556 West Penn Street, Carlisle, Pennsylvania 17013 and by posting the mortgaged premises of 556 West Penn Street, Carlisle, Pennsylvania 17013. BY THE COURT: I't 6"?' TP P- COPY FROM RECORV 161t y+ t.1an01"Idmyft" W4 00 Sol fA SO at C"". Pa I't At A. A& ?.,, TERRENCE J. MCCABE*** MARC S. WEISBERG** EDWARD D. CONWAY `•' MARGARET GAIRO LISA L. WALLACE+t DEBORAH K.CURRAN?- LAURA H.G. O'SULLIVANt• GAYL C. SPIVAK•= FRANK DUBIN - ANDREW L. MARKOWITZ - HEIDI R. SPIVAK• SCOTT TAGGART• MARISA COHEN* KATHERINE SANTANGINI- JASON BROOKSt STEPHANIE H. HURLEY- DIANN GREEN< MATTHEW CONNOR* FAITH MIROS '<' THOMAS K. TESSMER < ERIN BRADY •• Licensed in PA • Licensed in PA & NJ •• Licensed in PA & NY ^ Licensed in NY ^^ Licensed in N1 Licensed in PA & WA •'• Licensed in PA, NJ & NY } Licensed in NY & CT • Licensed in MD & DC • • t.icensed in MD + Managing Atm' for NY * Managing Attorney for MD = hanging Attorney for NJ < Limnud in VA Liansod in CT & NJ Edwina. Folk 556 West Penn Street Carlisle, PA 17013 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215) 790-1010 FAX (215) 790-1274 September 25, 2009 SUITE 303 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 310 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914)-636-8900 FAX (914)-636-8901 Also servicing Connecticut SUITE 100 8101 SANDY SPRING ROAD LAUREL, MD 20707 (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Columbia and Virginia Re: Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Tru VS. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Cumberland County; No. 08-5675 CIVIL TERM Premises: 556 West Penn Street, Carlisle, Pennsylvania 17013 xloik Dear James N. Folk: Enclosed is a Notice of Sheriffs Sale relative to the above-captioned matter. Very truly yours, Dara Krauss, Legal Assistant McCabe, Weisberg and Conway, P.C. TJM/dk Enclosure SENT VIA REGULAR MAIL AND CERTIFIED MAIL NUMBER 7008 1830 0001 0683 8430 RETURN RECEIPT REQUESTED This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. a m (Domestic a- ..o ?.teoe s a . Poat?k C] C9 Return Receipt Fse (Endoraeri?eru Required) .;:` t,? Fiwe ? :: '/ i Ca a Resnlc ed Deirety Fe• (Endasertbnt Required) -- •• -? m ep $ TOW Postepe A Feat r-l OrPOSOXN0 Ss? + BLED-4.).-HOJE T THE 2019 OOT 30 PM 1: 52 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which STRUCTURED ASSET MTG INVESTMENTS II TR is the grantee the same having been sold to said grantee on the 4TH day of NOV A.D., 2009, under and by virtue of a writ Execution issued on the 27TH day of MAY, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 5675, at the suit of STRUCTURED ASSET MTG INVESTMENTS II INC TR against JAMES N FOLK & EDWINA L FOLK„ AKA EDWINA LEA AKA EDWINA LEA TATUM is duly recorded as Instrument Number 200941134. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this day of , A.D. .4?? ,&..,?-Recorder of Deeds a :;? b^r'; d County, Car;;66, PA k"I Bulb t+ ?i ,.Apu a UA Fast Monday of Jan. 2010 R Thomas Kline Sheriff Ronny R Anderson Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY li THE t- POT s ?lA t Jody S Smith Civil Process Sergeant 2009 DEC -9 P.11 1: 5 IS i n OFF; r. t,YAip1A . ' t -..e r -y6NN%Y?.?' Edward L Schorpp Solicitor Citibank, NA vs. James N Folk Case Number 2008-5675 SHERIFF'S RETURN OF SERVICE 07113/2009 09:12 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Edwina L. Folk, but was unable to locate her in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description as NOT FOUND as to the defendant Edwina L. Folk. 09/30/09- Received Order of Court to Serve Defendant Edwina L. Folk, by posting property pursuant to court order. 07/13/2009 09:12 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 65/24/09 at 2108 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of James N. Folk and Edwina L. Folk, located at, 556 West Penn Street, Carlisle, Cumberland County, Pennsylvania according to law. 07/13/2009 03:24 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6/25/09 at 1522 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: James N. Folk, by posting property pursuant to court order, at, 556 West Penn Street, Carlisle, Cumberland County, Pennsylvania its contents. 08/14/2009 Property sale postponed to 11/4/2009. 10/01/2009 09:50 AM - Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on 10/1/09 at 950 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Edwina L. Folk, for service pursuant to court order, located at, 556 West Penn Street, Carlisle, Cumberland County, Pennsylvania according to law. 11/04/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on November 4, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Margaret Gairo, on behalf of Citibank, N.A., as Trustee for Structured Asset Mortgage Investments II INC., Bear Stearns Alt-A Trust, Mortgage Pass-Through Certificates, Series 2006-7, of, 2780 Lake Vista Drive, Lewisville, TX 75067, being the buyer in this execution, paid to Sheriff R. Thomas Kline the sum of $ 932.84 12/09/2009 Deed recorded on 12/9/09 SHERIFF COST: $932.84 SO ANSWERS, December 08, 2009 R THOMAS KLINE, SHERIFF 5 .,itc Sre, If i eioosolt Ii : Ck- 7 3/ 9 Lf fi?. '? 3 Y Ps1p WRIT OF EXECUTION and/or ATTACHMENT f COMMONWEALTH OF PENNSYLVANIA) NO 08-5675 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due CITIBANK, N.A., AS TRUSTEE FOR STRUCTURED ASSET MORTGAGE INVESTMENTS II INC., BEAR STEARNS ALT-A TRU, Plaintiff (s) From JAMES N. FOLK AND EDWINA L. FOLK A/K/A EDWINA LEA FOLK A/K/A EDWINA LEA TATUM (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 $132,184.58 L.L. $.50 Interest FROM 4/4/09 $3,302.96 AT $21.73 Atty's Comm % Due Prothy $2.00 Atty Paid $372.32 Other Costs Plaintiff Paid Date: MAY 27, 2009 (Seal) REQUESTING PARTY: Name MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY, P.C. 123 SOUTH BROAD STREET SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 Real Estate Sale # On June 9, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Carlisle, Cumberland County, PA Known and numbered as, 556 West Penn Street, Carlisle, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: June 9, 2009 By: ski eal Estate Coordinator McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Attorneys for Plaintiff Citibank N A As Trustee For Structured Asset CUMBERLAND 1 •1 Mortgage Investments II Inc., Bear Stearns Alt-A Tru COUNTY COURT OF COMMON PLEAS Plaintiff V. NO: 08-5675 CIVIL TERM James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum Defendants AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at:556 West Penn Street, Carlisle, Pennsylvania 17013, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owners or Reputed Owners Name Address James N. Folk 556 West Penn Street Carlisle, Pennsylvania 17013 Edwina L. Folk a/k/a Edwina Lea 556 West Penn Street Folk a/k/a Edwina Lea Tatum Carlisle, Pennsylvania 17013 2. Name and address of Defendants in the judgment: Name Address James N. Folk 556 West Penn Street Carlisle, Pennsylvania 17013 Edwina L. Folk a/k/a Edwina Lea 556 West Penn Street Folk a/k/a Edwina Lea Tatum Carlisle, Pennsylvania 17013 t ? 3 4 5 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Chase Bank USA, N.A. c/o James C. Warmbrodt Weltman, Weinberg, & Reis Co., L.P.A. 436 Seventh Avenue Suite 2718 Pittsburgh, Pennsylvania 15219 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Address Mortgage Electronic Registration 3301 Boston Street Systems, Inc., as nominee for 1st Baltimore, Maryland 21224 Mariner Bank Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program Address 556 West Penn Street Carlisle, Pennsylvania 17013 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 1400 Spring Garden Street Philadelphia, PA 19130 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Name and address of Attorney of record: Name Address 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. Section 4904 relating to unsworn falsification to authorities. May 20, 2009 DATE TE NCE J. McCABE, ESQUIRE MAR S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABFy, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff CIVIL ACTION LAW Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Tru COURT OF COMMON PLEAS CUMBERLAND COUNTY V. James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk &Wa Edwina Lea Tatum Number 08-5675 CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: James N. Folk Edwina L. Folk a/k/a Edwina Lea Folk a/k/a 556 West Penn Street Edwina Lea Tatum Carlisle, Pennsylvania 17013 556 West Penn Street Carlisle, Pennsylvania 17013 Your house (real estate) at 556 West Penn Street, Carlisle, Pennsylvania 17013 is scheduled to be sold at Sheriffs Sale on September 2, 2009 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $132,184.58 obtained by Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Tru against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to Citibank, N.A., As Trustee For Structured Asset Mortgage Investments II Inc., Bear Stearns Alt-A Tru the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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. 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 the following notice 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 McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 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 on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 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 a 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 real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (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 schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. You may also have other rights and defenses, or ways of getting your real estate 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, 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 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNTY, PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ON THE SOUTH SIDE OF WEST PENN STREET, AT THE CORNER OF LOT NO. 5, NOW OR FORMERLY OF JAMES L. OTSTOT AND MILDRED L. OTSTOT, HIS WIFE, ON THE PLAN OF LOTS HEREINAFTER REFERRED TO; THENCE SOUTHWARDLY ALONG LOT NO. 5, A DISTANCE OF 120 FEET, MORE OR LESS, TO A POINT ON THE NORTH SIDE OF A 12 FOOT ALLEY; THENCE WESTWARDLY ALONG THE SAID ALLEY, A DISTANCE OF 50 FEET, TO A POINT ON LINE OF LANDS NOW OR FORMERLY OF ALBERT L. NICKEY AND ARTHUR L. NICKEY; THENCE NORTHWARDLY ALONG SAID LANDS, A DISTANCE OF 120 FEET, MORE OR LESS, TO A POINT ON THE SOUTH SIDE OF WEST PENN STREET; THENCE EASTWARDLY ALONG THE SOUTH SIDE OF WEST PENN STREET, A DISTANCE OF 50 FEET TO THE PLACE OF BEGINNING. BEING ALL OF LOT NO.6 ON THE PLAN OF LOTS OF THE EXECUTORS OF MARGARET R. MECK, DECEASED, RECORDED IN PLAN BOOK NO. 2, PAGE 104. Being known as:: 556 West Penn Street, Carlisle, Pennsylvania 17013. BEING the same premises which SUZANNE K. MORGAN, NOW BY MARRIAGE SUZANNE MORGAN HOPPER by deed dated August 14, 2006 and recorded August 24, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 276, Page 1524, granted and conveyed to James N. Folk and Edwina L. Folk &Wa Edwina Lea Folk a/k/a Edwina Lea Tatum in fee. TAX MAP PARCEL NUMBER: 05-20-1796-075 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: July 24, July 31 and August 7, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, SWORN TO AND SUBSCRIIAED before me this da of Au st 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 3111" go"W"" 3W 35 Writ No. 2008-5675 Civil Citibank, NA as Trustee for Structured Asset Mortgage Investments 11 Inc., Bear Stearns ALT-A Trust VS. James N. Folk, Edwina L. Folk a/k/a Edwina Lea Folk, a/k/a Edwina Lea Tatum Atty.: Margaret Gairo LEGAL DESCRIPTION ALL THAT CERTAIN tract of land with the improvements thereon erected situate in the Boroc Of Carlisle, Cumberland County, sylvania, more particulsrly bawailed avA domed as follows: BEGMMNG at a point on the south side of West Penn greet, at the comer of Lot No.5, now or formerly of James L. Otstot and Mildred L. Otstot, his wife, on the plan of lots hereinafter referred to; Thence south- wardiy along Lot No.5, a distance of 120 feet, more or less, to a point on the north side of a 12 foot alley; Thence westwardly along the said alley, a distance of 50 feet, to a point on line of lands now or formerly of Albert L. Niekey and Arthur L. Nickey; Thence northwardly along said lands, a distance of 120 feet, more or less, to a point on the south side of West Penn Street; Thence eastwardly along the south side of West Penn Street, a distance of 50 feet to the place of be- ginning. Being all of Lot No. 6 on the plan of lots of the executors of Mar- garet R. Meck, deceased, recorded in Plan Book No.2, Page 104. Being known as:: 556 West Penn Street, Carlisle, Pennsylvania 17013. BEING the same premises which SUZANNE K. MORGAN, NOW BY MARRIAGE SUZANNE MORGAN HOPPER by deed dated August 14, 2006 and recorded August 24, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 276, Page 1524, granted and con- veyed to James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/ a Edwina Lea. Tatum in fee. TAX MAP PARCEL NUMMR-, 05- 20-1796-075. Y , The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 Z4( Patriot News Now you know CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered) to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 07/24/09 Sworn to and subscribed before me this 14 day of August, 2009 A.D. Notary Public ` COMMONWEALTH OF PENNSYLVANIA. Notarial Sea) Sherrie L. Kisner; Notary Public 1 City Of Harrisburg; Dauphin County My Commission Expires Nov. 26, 2011 07131/09 08/07/09 Member, Pennsylvania Association of Notaries Sale No. :y5 W < I: No. 2008-5675 Civil Term Citibank, NA asTruttee for Structured Asset Mortgage Investments 11 Inc., Bear Stearns ALT-A Trust VS. James N Folk Edwina L Folk aWa Edwina Lee Folk, We Edwina Lea Tatum Atty: Margaret Galro LEGAL DESCRIPTION ALL THAT CERTAIN TRACT OF LAND WITH THE IMPROVEMENTS THEREON ERECTED SITUATE IN THE BOROUGH OF CARLISLE, CUMBERLAND COUNT`r PENNSYLVANIA, MORE PARTICULARIN BOUNDED AND DESCRIBED A" FOLLOWS: BEGINNING AT A POINT ON THE SOUTH SIDE OF WEST P&,N S3W. AT THE CORNER OF LOT NO3, NO-W OR FORWIRLY OF JAW L. OM W AND MUM L. 4'L' 'iY',"*;WE ON THE PLAN OF LOTS HEREINAFTER REFERRED TO; THENCE SOUTHWARDLY ALONG L07" N 0.5, A DISTANCE OF 120 FEET, MORE OR LESS. TO A POINT ON THE NORTH SIDE, OF A 12 FOOT ALLEY; THENCE WESTWARDLY ALONG THE SAID ALLE'? A DISTANCE OF 50 FEET, TO A POINT ON LINE OF LANDS NOW OR FORMERLY OF ALBERT L. NICKEY AND ARTHUR L HICKEY; THENCE NORTHWARDLY ALONG SAID LANDS, A DISTANCE OF 12(, FEET, MORE OR LESS, TO A POINT ON THE SOUTH SIDE OF WEST PENN STREET THENCE EASTWARDLY ALONG THE SOUTH SIDE OF WEST PENN STREET, DISTANCE OF 50 FEET TO THE PLACE 0 BEGINNING. BEING ALL OF LOT N0.6 ON THE PLAN OF LOTS OF THE EXECUTORS OF MARGARET R. MECK, DECEASED RECORDED IN PLAN BOOK NO.2, PAGE: 104. Being known as:: 556 West Penn Street Carlisle, Pennsylvania 17013. BEING the same premises which SUZANNE K. MORGAN NOW BY MARRIAGE SUZANNE MORGAN HOPPER by deed dated August 14,, 2006 aw recorded August 24, 2006 in the office of the Recorder in and for Cumberland County in Deer: Book 276, Page 1524, granted and conveyed tc James N. Folk and Edwina L. Folk a/k/a Edwina Lea Folk a/k/a Edwina Lea Tatum in fee, TAN: MAP PARCEL. NUMBER: 05-20-1796-075