HomeMy WebLinkAbout08-6594NOTICE
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you
must take action within twenty (20) days after this
complaint and notice are served, by entering a written
appearance personally or by attorney and filing in
writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a
judgment may be entered against you by the court
without further notice for any money claimed in the
complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO
YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A
LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR
NO FEE.
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 Bank Of New York As Trustee For The Certificateholders CWALT, Inc.
Alternative Loan Trust 2005-JI I Mortgage Pass-Through Certificates, Series 2005-J11, a corporation duly
organized and doing business at the above captioned address.
2. The Defendant is Arun Kapoor, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is 5241 Chandler Way, Orefield, Pennsylvania
18069.
3. The Defendant is Anita Wyn Kapoor, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is 5241 Chandler Way, Orefield, Pennsylvania
18069.
4. On July 23, 2005, mortgagors made, executed and delivered a mortgage upon the premises
hereinafter described to Mortgage Electronic Registration Systems, Inc. as nominee for Home Loan Center,
Inc. d/b/a Lending Tree Loans which mortgage is recorded in the Office of the Recorder of Cumberland
County in Mortgage Book 1917, Page 4631.
5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration
Systems, Inc. as nominee for Home Loan Center, Inc. d/b/a Lending Tree Loans to Bank Of New York As
Trustee For The Certificateholders CWALT, Inc. Alternative Loan Trust 2005-J 11 Mortgage Pass-Through
Certificates, Series 2005-J 11, Plaintiff herein, 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 71 Ashton 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
Interest through September 28, 2008
(Plus $72.94 per diem thereafter)
Attorney's Fee
Late Charges
Corporate Advance
Escrow Advance
447,101.50
10,944.00
$ 1,250.00
$ 823.44
$ 540.00
$ 622.08
AL
461,281.02
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 $461,281.02,
together with interest at the rate of $72.94 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgaged property.
McCABE, WEISBERG AND CONWAY,P.C.
BY:
Attorney's for P4intiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
VERIFICATION
The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the
within action, and that he/she is authorized to make this verification and that the foregoing facts based on
the information from the Plaintiff, who is not available to sign this, are true and correct to the best of
his/her knowledge, information and belief and further states that false statements herein are made subject
to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities.
McCABE, WEISBERG AND CONWAY,P.C.
BY: 7?? Z
Attorneys for P intiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Prepared By:
Home Loan Center, Inc.,
dba LendingTree Loans
163 Technology Drive
-Irvine, CA 92618
Rottsmed-T-w
DEFINITIONS
Q ? bit 22d3°"?
R0JI E;;T P. ZI-a I3LFI
RECv"i'DERyyOF 5EEC$
2005 HUG 8 HMI 10 30
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 Sectiorr 16.
(A) "Security Instrument" means this document, which is dated July 23, 2005 , together with
all Riders to this document.
(B) "Borrower" is Arun Kapoor and Anita Wyn Kapoor, His Wife
Borrower is the mortgagor underrthis Security -Instrument.
(C) "MFRS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the•mortgape under
this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address
and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MM.
(D) "Lender" is Home Loan Center, Inc., dba LendingTree Loans
i,ender is a a California Corporation organized and existing under
the laws of California . Lender's address is
163 Technology Drive, Irvine, CA 92618
(E)r "Note" means the promissory note signed by Borrower and dated July 23, 2006 The Note
states that Borrower owes Lender Four Hundred Sixty Four Thousand and no/100
Dollars (U.S. $464,000.00 }
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full
not later than. August 01, 2035
PENNSYLVANIA Single Family Faaaie Mae/Freddie Mae UNIFORM INSTRUMENT Form 39391/01
Gmeftoem
ITEM Ve011(W05)--MER3 (Page 1 of. 16 pages) To Order Oet 1_800 9 ORTS
2760L1 Exhibit
t 917 PG-4 6x,3.1
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(k) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
? Adjustable Rate Rider ? Condominium Rider ? Second Home Rider
? Balloon Rider ? Planned Unit Development Rider ? Other(s) [specify]
? 1-4 Family Rider ? Biweekly Payment Rider
(1) "Appllcabld Law" means all controlling applicable federal, state and -local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(J) "Community Association Dues, Fees, and'Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic termin4l, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial.institution to debit or
credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine
transactions, fansfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(hD "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i)
damage to, or destruction of, the Property-,-(ii) condemnation or other taking of all or any part of the Property;
(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (1) principal and interest under the
Note, plas (ii) any amounts urider Section 3 of this Security Instrument.
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01
0191100 M
MIA XML2 lotus}-MRS (Page 1 of 16 pagu) To Omer Cott 1.0004W-975
276OL2
BK 19 17 PG -4 63 2
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(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 35001 as they.might be amended from time to time,
or any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or
not that party has assumed Borrower's obligations under the Note andlor this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender. (t) the repayment of the Loan, and all renewals, extensions and
modilIcations of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant -and convey to
MERS (solely as nominee for Lender and-Lender's successors and assigns) and to the successors and assigns
of MERS the following described property located in the County
[Type of Recording Jurisdiction]
Of Cumberland
[Name of Recording Jurisdiction]
As per legal description attached hereto and made a part hereof
APN: 08-09-0525-902 L
which currently has the address of 79 Ashton Street
[street]
Carlisle , Pennsylvania 97013 ("property Address':
[City] [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 replacements and additions shall also
be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property." Borrower understands and agrees that Iv1ERS 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
PENNSYLVANIA-Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01
GM200caw
rrEM 27501.8 P4W)-1lER8 (Pape 3 of 16 pages) To Older Call; 140040"775
27601_3
BK` 19- 1.7 PG-4 63 3
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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 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 record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations -by jurisdiction to constitute a uniform security instrument covering real
property.
UNIFORM COVENANTS. Borrower and Lendet 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 made in one or more of the following forms, as selected
by Lender. (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are doomed received by Lender when received at the location designated in the Note or at
such other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled-due date, then Lender need not pay interest
on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds
or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal
balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now
or in the ,future against Lender shall relieve Borrower from making payments due under the Note and this
Security Instrument or performing, the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Sectiorr 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 dge under this Security Instrument, and then to
reduce the principal balance of the Note.
PENNSYLVANIA-Single Family Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
ITEM 276014 (N06)-MER8
276OL4
(Page 4 of] 6 pager)
BKA 9.17 PG 4 634
Form 30391/01
GmWoosn
To Order Cs11:14D0.966.677E
4
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 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 Fserow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Note, until the Note is paid in•full, a sum (the "Funds') to provide for payment of amounts due for.
(a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums
for any and all insurance required by Lander under Section S; and (d) Mortgage Insurance premiums, if any,
or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. These items are called'"Escrow Items." At origination or at any
time during the term of the Loan, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item,
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds
for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all
Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower
shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such
payment within such time period- as Lender may require. Borrower's obligation to make such-payments and
to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this
Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to
pay Escrow Items directly, pursuant to a waiver, and Borrower 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 Lender all Funds, and In such amounts, that are then required under this Section 3.
Lender may, at aW 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 & 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 Items no later than the time
specified under RESPA. Lender small 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
PENNSYLVANIA-single Family-Fannie Mae/Freddle Mac UNIFORM INSTRUMENT
ITEM 2780L6 (0405)-VIERS
27601_5
(Page S of 16 pages)
-Form 30491/01
OiealDoaaTM
To Order Calt 7400488.6776
8111%1.917PG4635
it
paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as
required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held-in escrow, as
defined under RESPA, Lender shall notify Borrower -as required by RESPA, and Borrower shall .pay to
Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12
monthly payments. If there is a deficiency of Funds hold 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 refturd to
Borrower any Funds held by Lender.
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 lion in a manner acceptable to
Lender, but only sq long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent
the enforcement of the lien while those proceedings are pending, but only until such proceedings are
concluded; or (c) secures from the holder of the. lien an agreement satisfactory to L• ender subordinating the
lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which
can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien.
Within 14 days of the date on which that notice is given, Borrower shall- satisfy the lien or take one or more
of the actions set forth above in this Section 4.
Lender-may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on
the Property insured against loss by fire, hazards included within the term "extended coverage," and any
other hazards including, but not limited to, earthquakes and floods, for which 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. Lender may require
Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination,
certification and tracking services; or (b) a one-time charge for flood zone determination and certification
services and subsequent charges each time •remappings or similar changes occur which reasonably might
affect such determination or certification. Borrower shalt 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
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
ITEM 77OK6 (O W) -HERS (Page 6 of 16 pages)
276016
Form 30391/01
Orwoocan
To ortwcot i-wo.a ",n5
BK.,19 t7-PG4636
acknowledges that the cost of -the insurance coverage so obtained might significantly exceed the cost of
insurance that Borrower could have obtained. Any amounts. disbursed by, Lender under this Section S shall
become additional debt of Borrower secui+ed by this Security Instrument. These amounts shall bear interest at
the Note rate from the date of disbursement and shall be payable, with such interest, upon notice.from Lender
to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's
right to disapprove such policies, shall include a standard mortgage clause, and shall now Lender as
mortgagee and/or as. an additional loss payee. Lender shall have the right to hold the policies and'renewal
certificates. If Leader requires, Borrower shall promptly give to Lender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for
damage to, or destruction of; the Property, such policy shall include a standard mortgage clause and shall
name Lender as mortgagee and/or as an additional loss payee.
In the event of toss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
malts 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 Leader has had an opportunity to inspect such Property to ensure the work
has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may disburse proceeds for the repairs' and restoration in a single payment or in a series of progress
payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such insurance proceeds, Lender shall not be'required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be
paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration-or repair is
not economically feasible or Lender's security would be lessened, the insurance-proceeds shall be applied to
the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the -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 Leader that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim, The 30-day period will
begin when the notice is given. In either event, or if Leader acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borowees rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's
rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance
policies covering the Property, Insofar as such rights are applicable to the coverage of the Property. Lender
may use the Insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the
Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and -use the Property as Borrower's principal
residence within 60 days after-the epcution 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 occupapcy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property, Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
PENNSYLVANIA--Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT Form 39391/01
GMWWSM
ITEM 77WL7 (0406rMEM (Page 7 of 16 pages) To OtdGr Cot 1ds0W"M
2760L7
BK 19 1 7PG4637
the Property from deteriorating or decreasing in value due to its condition. Unless it is determined.pursuant to
Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property
if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to, or the taking of the Property, Borrower shall be responsible for repairing or
restoring the Property only, if Lender has released proceeds for such purposes. 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 to repair or restore the Properly,
Borrower is-not relieved of Bonvwees obligation for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections. of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection sl*cifybg bueh reasonable cause.
L Borrower's Loan Application. Borrower shall -be in default if, during the Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material information) in connection with the Loan. Material representations
include, but are not limited to, representations cpnceming Borrower's. occupancy of the Property as
Borrower's principal residence.
9. Protection of Lcudees Interest in the Property and Rights Under this Security Instrument.
If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) 'Borrower has abandoned the Property, then Lender may do.and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the
Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which
has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to
protect its interest in the 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 ofi 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 authoribed
under this Section 9.
Any amounts disbursed by Lender -under this Section 9 shall become additional debt of Borrower
secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of
disbulsenlent and shall be payable, with such interest, upon notice from Lender to Borrower requesting
payment.
If this Security instrument is on a leasehold, Borrower shall comply with all the provisions of the lease.
If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
PENNSYLVANIA-Single Family-Faunle Mae/Freddie Mac UNIFORM INSTRUMENT Form 30391/01
OroelDOa?
n-EM 270M (aeon)-MOes (Page 8 of 16 pages) To omx cat I-WO.ON4775
2760L.8
OK-1 9 1 7PG 4 6 3.9
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to
the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer
selected by Lender. If substantially equivalent Mortgage Insurance coverage Is not available, Borrower shall
continue to pay to Lender the amount of the separately designated payments that were due when the
insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-
refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,
notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay
Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if
Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer
selected by Lender again becomes available, is obtained, and Lender requires separately designated payments
toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of
making the Loan and Borrower was required•to make separately designated payments toward the premiums
for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,
or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in
accordance with any written agreement between Borrower and Lender providing for such termination or until
termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay
interest at the rate provided,in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may
enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements
are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to
these agreements. These agreements may require the mortgage insurer to make payments using any source of
funds that the mortgage insurer may have available (which may include funds obtained from Mortgage
Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, dny 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 -has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any subb agreements will not affect the rights Borrower has-if any with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance-terminated automatically, and/or to receive a refund of any
Mortgage insurance premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Properly 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 tb ensure the work has 'been completed to Lender's
satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and
PENNSYLVANIA--Single Family--Faaaie Madirreddie Mae UNIFORM INSTRUMENT Form 30391/01
ITEM VOW 406 or"Woes"
to )-Meas. (Page 9ofl6pages To Omer call;ll-M"M
27601.9
IVV : - 9 I.7 PS 4 6.39`
. . f ..
restoration in a single disbursement or in a series bf progress payments as the work is completed Unless an
agreement is made In writing or Applicable Law requires inteMst to be paid on such Miscellaneous Proceeds,
Lender shall not be reggired to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the
restoration or repair is not economically feasible or Lender's security would be lessened, the Miscellaneous
Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in
Section 2.
In the event of a thtal-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 loss in value of the Property in which .the fair market
value of the Property immediately before the partial taking, destruction, or loss In value is equal to or greater
than the amount of the sums secured by this Security Instrument immediately before the partial taking,
destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this
Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the
following fraction: (a) the total amount of the sums secured immediately before the partial taking,
destruction, or loss in value divided by (b) the fair market value of the Property immediately before the
partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In 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 wake an award to settle a claim for damages, Borrower fails
to respond to Lender within 30 days after the date the notice is given, Lender is authorized-to collect and
apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this
Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in default if any action or proceeding, whether 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 irr 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
impairment of Lender's interest in the Property or rights under this Security Instrument. The proceeds of any
award or claim for damages that are attributable to the impairment of Lender's interest in the Property are
hereby assigned and shall be paid to Lender.
All'Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied
in the order provided for in Section 2.
12. Borrowgr Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification. of amortization of the sums secured by this Security Instrument granted by Lender
to Borrower or any Successor in Interest of Borrower shall-not:operate to release the liability of Borrower or
any Successors in Interest of Borrower. Lender shall not be required.to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend-time for payment or otherwise modify amortization
of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or
PENNSYLVANIA--Single Family-Faanre MadFreddie Mac UNIFORM INSTRUMENT Form 30391/01
emwoca"
ITEM 2760Lt0 M40"ERS (Page 10 of 16pages) To Omdor CWI:1.80046WT5
2760LIO
SK t 917 PG-4 6:1* 0'
R ?
any Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy
including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in
Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the
exercise of any right or remedy.
13. Joint and'Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants
and agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security hutwment 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 (he teams of this
Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and
(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms. of this 'Security histniment or the Note without the co-signer's
consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrowees
obligations under. this Security Instrument in writing, and is approved by Lender, 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 Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property .and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation flees. 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 probiNted.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 reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will
be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for 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. Notices. AD 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 Instnuibe nt shall be deerned 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 ter any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise. The notice addregs 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 Lender until actually received`by Lender. If any notice required by
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
ITEM XML11 (0406}-MERE
2760L11
(Page 11 of16pages)
Form 3039 I/91
G MID00 "
To OMr Colt 1800.ON4776
BK:1-91; 7 PG 4+64,1
%, . r'r
this Security Instrument is also required under Applicable Law, the Applicable Law requirement will-satisfy
the corresponding requirement under this Security Instrument.
16. Goveralsg Law; Sevembility; Rules of Construction. This Security Instrument shall be
governed by federal law and the law of the jurisdiction in which the Property is located. All rights and
obligations contained in this Security Instrument are subject to any Requirements and limitations of
Applicable Law. Applicable Law might. explicitly or implicitly allow the parties to agree by contract or it
might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the
event that any provision or clause of this Security Instrument or the Note con8iots with Applicable Law, such
conflict shall mot affect other provisions of this Security Instrument or the Note which can be given effect
without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
-corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and
include the plural and vice versa; and (c) the word "may" gives sole- discretion without any obligation to take
any action.
M Borrower's Copy. Borrower shall. be given, one copy of the Note and of this Security Ipstimimeit.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or-beneficial interest in the Property, includitig,.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 Botrower is sold or transferred) without Lender's prior
written consent, Lender may require immediate. payment in full of all sums secured. by this Security
Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by
Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate, After Acceleration. If Borrower meets certain conditions,
Borrower shall have the right to have enforcement of-this Security Instrument discontinued at any time prior
to the earliest of, (a) five days before sale of the Property pursuant to any power of sale contained in this
Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's
right to reinstate; or (c) entry of a judgment enforcing this Security instrument. Those conditions are that
Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as
if no acceleration had occurred; (b) curds any defapk 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 Leader may
reasonably require to assure that Lender's interest in• the Property and rights under this Security Instrument,
.and Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.
Lender may require that Borrower pay such reinstatement sums and expenses in one or more 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. Upon reinstatement by Borrower,
PENNSYLVANIA-Single Family-Fannic Mae/Freddie Mac UNIFORM INSTRUMENT
REM XRM112 (04Nb -MEM
27SOL12
(Page 12 of 16 pages)
Form 30391/01
3rea0)ocs+M
To Order Cale 1400488.6776
6}x'19•'17 PG 4 .6 4 2
L L , .•r"r
j .
Ws Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had
occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale -of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Services") 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 Servic er unrelated to a sale of the Note. If there is a change of the Loan Servicer,
Borrower will be given written notice of the change which will state the name and address of the new Loan
Servicer, the address to which payments should be shade and any other information RESPA requires in
connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a
Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will
remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the
Note-purchaser unless otherwise provided'by the Note -purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial -action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument dr that alleges that the other party has breached any provision of; or any duty owed by reason of,
this Security instrument until sgch Borrower or Lender has notified the other party (with such notice given
in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto
a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a
time period which must elapse before certain action can be taken, that time period will be deemed to be
reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to
Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section •18
shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances: gaspline, 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; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall, not cause or permit thb 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 Properly. 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- of 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 Substancb, and (c) any condition caused by the presence, use or release of a
PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
REM 2M13 (W05)-M
27SOL13
(Page 13 of 16 pages)
Form 30391/01
GAN0000W
To 0AWcat 1-800480-M5
BK 194 7 -PG 4 643
• . i I.
1 .
Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by
any governmental or regulatory authority, or any private party, that 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; Remedies. Lender shag give notice to Borrower prior to acceleration. following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify
Borrower of, among other things: (a) the default; (b) the: action required to cure the default; (c) when
the default most be cared; and (d) that failure to cure the default as specified may result in
acceleration. of the sums secured by this Security Instrument, foreclosure by judicial proceeding and
sale of the Property. Lender shall, further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence-of a.default or any other defense
of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its
option may require immediate payment in full of all sums secured by this Security Instrument without
further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be
entitled to collect all expenses incurred In pursuing the remedies provided in.this Section 22, including,
but not limited to, attorneys' fees and costs of titig evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums.secured•by this Security Instrument, this Security Instrument
and the estate•couveyed shall terminate and become-void. After such occu rence, Lender shall discharge and
satisfy this Security Instrument. Borrower-shall pay any recordation costs. Lender may charge Borrower a fee
for releasing this Security Instrument, but only if the fee is paid'to a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy-and.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-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
ITEM 27MM4 (0408}-MRS (Page 14 of 16 pages)
27SOL14
Fora 30391/01
efeetbace"
To Order Calt 1.80048$8775
B,44 9!'17 PG4 64V
•
Y
16
.
d
-BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages
1 througb 16 of this Security Instrument and'in any Rider execcited by Borrower and recorded with it.
- k . 1-0- ( , L a ?. (Seal)
(Seal)
Arun Kapoor -Borrower Anki Win Ka r Borrower
-(Seal)
-Borrower
-(Seal)
-Borrower
(Seal) (seal)
-Borrower -Borrower
pBNNSYLVANIA-Single Family-Fannie Mae/Freddie Mae UNIFORM INSTRUMENT
REM 27601.16 (010"ERS (Page IS of 16 pages)
27691.15
Form 3039 1101
Gr nowen
To Older Cat 14KI045"776
gfN1 g:17 PG4-54.5.
S•
State of Pennsylvania
County of Cumberland
rr}
On this the -. 7
Kapoor
day of 4 k v` 'before me, k, -Sc A
the undersigned officer, personally appeared Arun Kapoor, Anita Wyn
known-to me (or satisfactorily proved) to be the person(s) whose name(s)
subscribed to the within instrument and acknowledged that executed the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
Y A01M AL $EAL
LNAA SAY
,,?? Notary P41ft
C f, IBlUR6, am"M cotlm
ufb NfSIs Jul 24.2007
, +
Title of Otllow
My commission expires: 7 I Z Z4 (C17
_' 'Return To:
?jW' Center, inc., dba L endingTree Loans
ogy Drive
618
Lo;h 2094470
CERTIFICATE OF RESIDENCE I,
do hereby certify that the correct•address of the within named lender is 163 Technology Drive, Irvine, CA
92618
Witness my hand this day of
t of Lender
PENNSYLVANIA---Single Family-Fanaie Mse/Freddle Mac UNIFORM INSTRUMENT
ITEM V60LIS (0406rMKIW (Page 16 of 16 pages)
2760L16
BK' !1"9:1 TPG464.67
Ferro 30391/01
GMUMce*'
To Orderealt 14W4884778
y. ?•y ,M
t
EXHIBIT "A"
BEGINNING AT A POINT ON THE SOUTHERN LANE OF 50 kTET WIDE ASHTON
STREET AT THE DIVIDING LINE 92TMM LOTS NOS. 36 AND 37; THENCE
ALONG SAID SOUTHUM LINE •OF SAID 50 MET WIDE ASHTON STREET,
NORTH 57 DEGREES 03 MINUTES 52 SECONDS EAST A DISTANCE OF 150.00
FEET TO A POINT AT THE DIVIDING LINE BETWEEN LOTS 35 AND 36;
THENCE ALONG SAID DIVIDING LINE BETWEEN SAID LOTS 35 JMD 36,
SOUTH 32 DEGSRELS 56 KMUTES 08 SECONDS EAST A DISTANCE OF 400.00
FEET TO A POINT IN LINE OF LAND NOW OR FORIJERLY OF DENNIS L.
CALAMN AND WIFE; THENCE ALONG LINE OF MID LAND NOW OR M M6RLY
OF DENNIS L. CAIAMAN AND Win, SOUTH 57 DEGREES 03 KMMS 52
SECONDS WEST A DISTANCE OF 150.00 FEET TO A POINT AT THE DIVIDING
LINE BETWEEN SAID TATS NO. 36 AND 37; 'WHENCE ALONG SAID DIVIDING
LINE BETWEEN SAID LOTS NOS. 36 AND 37, NORTH 32 DEGREES 56
MINUTES 08 SECONDS WEST A DISTANCE OF 400.00 FELT TO A POINT ON
THE SOUTHERN LINE OF SAID 50 FEET WIDE ASHTON STREET AT THE PLACE
or BEGi1Nl,um. THE ABOVE DESCRIeab LOT OF LAND 18 ALL OF LOT 36 AS
SHOWN ON SAID SUBDIVISION PLAN FOR CLARENDON AND CONTAINS AN AREA
OF 60;000 SQUARE FEET. BEING THE SAME PREMISE8-WHICH LINWOOD B.
PHILLIPS, JR., WIDOWER, GRANTED AND CONVEYED UN'T'O PETER P'. THEM,
BY DEED DATEL) APRIL 30, 2001, AND RECORDED IN THE CMEMRLAFID
COUNTY RECORD$R OF-DEEDS OFFICE IN DEED BOOK. 243, PAGE 805.
FOR INFORMATIONAL Ii,tR- G?'b 1LY: THE APH IS SHOWN BY THE COUNTY
ASSESSOR AS APR: 08-09-052*-102 L; SOURCE OF TITLE IS BOOK 249,
PAGE 2996 (RECORDED 12114/01).
full '6107
MA-95IM-4- w.
I Certify this to be recorded
In Cumberland County IAA
Recorder oaf Deeds
o?..jj
n
:Tl
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-06594 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANK OF NEW YORK
VS
KAPOOR ARUN 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:
KAPOOR ARUN
but was unable to locate Him in his bailiwick. He therefore
deputized the sheriff of LEHIGH County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On December 16th , 2008 this office was in receipt of the
attached return from LEHIGH
Sheriff's Costs: So answe
Docketing 18.00
Out of County 9.00
Surcharge 10.00 R. Thomas Kline
Dep Lehigh County 46.00 Sheriff of Cumberland County
Postage 3.55
86.55 ? ???ayr?g
12/16/2008
MCCABE WEISBERG CONWAY
Sworn and subscribe to before me
this day of ,
A. D.
SHERIFF'S RETURN - OUT OF COUNTY
CASE NO: 2008-06594 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
BANK OF NEW YORK
VS
KAPOOR ARUM 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:
KAPOOR ANITA WYN
but was unable to locate Her in his bailiwick. He therefore
deputized the sheriff of LEHIGH County, Pennsylvania, to
serve the within COMPLAINT - MORT FORE
On December 16th , 2008 this office was in receipt of the
attached return from LEHIGH
Sheriff's Costs: So answers- ,'ate
J
Docketing 6.00
Out of County .00
Surcharge 10.00 R. Thomas Kline
.00 Sheriff of Cumberland County
.00
16.00 ? K Ofd
12/16/2008
MCCABE WEISBERG CONWAY
Sworn and subscribe to before me
this day of ,
A. D.
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-06594 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BANK OF NEW YORK
VS
KAPOOR ARUN 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
/'Nn AT')T T TTTT _ mnnrr L'nvv
but was
He therefore returns the
the within named DEFENDANT
71 ASHTON STREET
CARLISLE, PA 17013
KAPOOR ARUM
NOT FOUND , as to
GIVEN ADDRESS IS VACANT. REALTOR LOCK ON DOOR.
Sheriff's Costs:
Docketing 6.00
Service 5.00
Not Found 5.00
Surcharge 10.00
r
i?J2?1og lq- .00
26.00
So answers ®s "
R. Thomas Kline
Sheriff of Cumberland County
MCCABE WEISBERG CONWAY
12/16/2008
Sworn and Subscribed to before
me this day of
A. D.
SHERIFF'S RETURN - NOT FOUND
CASE NO: 2008-06594 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
BANK OF NEW YORK
VS
KAPOOR ARUN 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
KAPOOR ANITA WYN but was
unable to locate Her in his bailiwick. He therefore returns the
OnMnT.A TTTM _ MnDT Vn=
NOT FOUND , as to
the within named DEFENDANT , KAPOOR ANITA WYN
71 ASHTON STREET
CARLISLE, PA 17013
GIVEN ADDRESS IS VACANT. THERE IS A REALTOR LOCK ON DOOR.
Sheriff's Costs:
Docketing
Service
Not Found
Surcharge
So answer
6.00
.00
5.00 R. Thomas Kline
10.00 Sheriff of Cumberland County
00
21.00 MCCABE WEISBERG CONWAY
12/16/2008
Sworn and Subscribed to before
me this day of
f
A. D.
In The Court of Common Pleas of Cumberland County, Pennsylvania
Bank of New York
vs.
Arun Kapoor et al
SERVE: Arun Kapoor No, 08-6594 civil
Now, November 12, 2008 , I, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Lehigh County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff.
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now,
within
upon
20 , at o'clock M. served the
at
by handing to
a copy of the original
and made known to the contents thereof.
So answers,
Sheriff of County, PA
COSTS
Sworn and subscribed before SERVICE $
me this day of , 20 MILEAGE
AFFIDAVIT
//j, Y Am
FAID
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----- ----------
---------- --------------------------------
RE ;"€.1RN OF .'iERVi CI-F ---------- ------------
1. NAME Ow INDIVIDUAL SERYED;
[1f)7 :.
4. LOCATION OF SERVICEv-00.
r
'ME -
5. UNABLE TO QblftE,
t > !'%fUt41E ER OF ATTEMPTS TO Lt-J!er`-1TE DEFENDANT AT LAST KNOWN ADDRESS:
1. UAIE & TIME
5. TATE L TIME
2.., DATE & TIME
4. DATE & TIME-
6. DATE & TIME
ACCIPTANCE OF SERVICE
1 HEF;t:s:?'' ACCEPT SERVICE OF THE LEGAL PROCESS AS OUTLINED ON THE i='R€'JNT O '?'"%
DOCUMENT. THIS SERVICE IS ACCEPTED ON BEHALF OF THE LISTED DE L::MT:1!nM (S i t=,ND
I ;-ICF'C'BY .CER I:FY 'rOA 1 AM AUTHORIZED TO DO SO,.
DATE.: T 1)•IF a
..___._._.___._- ,/.
PRINT NAME `:F,° . DF=_PU V SHERIFF
30 ANSWERS
SHERIFP OF LEHIGH COUNTY
In The Court of Common Pleas of Cumberland County, Pennsylvania
Bank of New York
vs.
Arun Kapoor et al
SERVE: Anita Wyn Kapoor No. 08-6594 civil
Now, November 12, 2008 P j, SHERIFF OF CUMBERLAND COUNTY, PA, do
hereby deputize the Sheriff of Lehigh County to execute this Writ, this
deputation being made at the request and risk of the Plaintiff
i/ ?--4p
Sheriff of Cumberland County, PA
Please mail return of service to Cumberland County Sheriff. Thank you.
Affidavit of Service
Now,
within
upon
at
by handing to
a
and made known to
So answers,
the contents thereof.
Sheriff of
Sworn and subscribed before
me this day of , 20
copy of the original
COSTS
SERVICE -
MILEAGE
AFFIDAVIT
20 , at o'clock M. served the
County, PA
Vii' .._!;1 r,.. O IL_:._ ._1..:_.!;°E-EI_}.;07 -- 5TH i-.,: H, )1`1.1 !_,.",_UN
455 W HAM!w!QN ST
ROOM 106 ALLENTDNN PA 'ID101-160
__.._....__...........
ACCEPTONCE OF SERVICE
_ HEREBY t .: _ _...1 I 3: _.'".', 7:. OF THE LEGAL . i..... .._.? .? AS
OUTLINED ON THE t N1' 07 THE
ECCUKENT, tt ? ::
THAT I AN AUTHORIZED I_.: .. l..:.
TAR1 _.._ ?????-•........ ._..... ...... _.._......... ONT .
.., f.. ..._. r, T '_. DEPUTY
90 ANSWERS
:_;s'.-iEsR T Ft= i-it='P= I CE C;t7Ul=i•1"!-!C'I:.JSi_ 5TH fir. HAMILTON {ST'i F Ei"L
a55 W HPMlQaOW ST
ROOM 106 AL_i_. itQtlATAT -.1 n 1 ; f 1 ° 1. 61 4
C:tAh!K sis:: NEW YORK? ET AL- DOE*: 2008-CV-7723
- v S)
AFtUN KAE'OOR ; ET
N1_ CASE:
EXP. R : 2002
07- -NC-419()
Dec-2008
(C,Ut`iSERL_AND CO -- O S-6594) DEPOSI Tg
+,,JIR I T C;(:7€''ti•°`! _ 7 IN7 IN MORTG AGE FORECLOSURE
AND NOTICE
SERVE: ANITA WIN KAPOOR
AT . 5241 CHr=?NI:ii_.E-R WAY REf-IE:L.ai„ PA 1800.
T €`,a`r t EPRE: NC F.:. i Mt: CAI E 215 790 1010
------------------------
-
-
-----------
----
--------
------ ------------------- ---
-
-
RETURN OF SERVICE'
4. LOCATION OF '::; E R V I C
2.1 NOV 20_ ??.w. TIME r C? HOURS:,,,,,
_.._...... ..
_
1 . N Fi M . OF INDIVIDUAL = E R_ E D ., Li?L1IL
21. "REL ATIC&SHIP TO DEFENDANT:
5. UNAPLE TO LOCATE;!
? b+!..1€IDER OF ATTEMPTS TO LOCATE DEFENDANT AT LAST KNOWN ADDRESS-.
DATE E & rs
3, DATE & TINE
4. DATE & TIME'
w DATE_ & TINE
ACCEPTANCE OF SERVICE
I HEREBY ACCEPT SERVICE OF `l"I-iE LEGAL PROCESS AS OUTLINED ON THE FRONT OF THE
DOCUMENT. THIS SERVICE IS ACCEPTED ON BEHALF-CF-THE LISTED DEFENDANTXS) AND
I HERESY CERTIFY THAT I AN AUTHORIZED 70 DO SO.
€ R T I\!TE C t'4AME; OF ,=?U TI--l0R I.---!E i A(FENT SIGNATURE OF AUTHORIZED AGENT
iATE::.^ TIiiE':u
_,???zra
PRINT NAPE OF,VEPUTY SHERIFF
so ANSWEPS
SHERIFF OF i_E'H T GH COUNTY
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
Bank Of New York As Trustee For The
Certificateholders CWALT, Inc. Alternative Loan
Trust 2005-J11 Mortgage Pass-Through Certificates,
Series 2005-J11
Plaintiff
V.
Arun Kapoor and Anita Wyn Kapoor
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 08-6594 CIVIL TERM
ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned matter
for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows:
Principal
Interest from 09/29/08 to 01/05/09
$ 461,281.02
$ 7,221.06
Total / $ 4468,502.08
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
AND NOW, this Ok day of _N6, 2009, Judgment is entered in favor of Plaintiff, Bank Of
New York As Trustee For The Certificateholders CWALT, Inc. Alternative Loan Trust 2005-J11 Mortgage
Pass-Through Certificates, Series 2005-J11, and against Defendants, Arun Kapoor and Anita Wyn Kapoor, and
damages are assessed in the amount of $468,502.08, plus interest and costs.
BY THE PROTHON TARY:
woo
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
Bank Of New York As Trustee For The
Certificateholders CWALT, Inc. Alternative Loan
Trust 2005-JI I Mortgage Pass-Through Certificates,
Series 2005-JI I
Plaintiff
V.
Arun Kapoor and Anita Wyn Kapoor
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 08-6594 CIVIL TERM
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, Arun Kapoor
and Anita Wyn Kapoor, are not in the Military or Naval Service of the United States or its Allies, or otherwise within
the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the
Defendants, Arun Kapoor and Anita Wyn Kapoor, are over eighteen (18) years of age, and reside as follows:
Arun Kapoor Anita Wyn Kapoor
5241 Chandler Way 5241 Chandler Way
Orefield, Pennsylvania 18069 Orefield, Pennsyly is 18
SWORN AND SUBSCRIBED
BEFORE ME THIS _5th_ DAY
,1%-JANUA2009
k - vm?, hgaubl?
TARY P L C
COMMONWEALTH OF PENNSYLVANIA
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
NOWW Seal
DoWft A. OWKIWA Notary Pdit
Olteilmilo n T p., MmVaTwy Car *
Icy cammbelon E*kw JWL 28,20)
Member, PenrreYivania Association of Notaries
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
Bank Of New York As Trustee For The
Certificateholders CWALT, Inc. Alternative Loan
Trust 2005-J1 I Mortgage Pass-Through Certificates,
Series 2005-JI I
Plaintiff
Arun Kapoor and Anita Wyn Kapoor
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 08-6594 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 Defendants that judgment would be
entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the
Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and ed as Exhibit "A".
SWORN AND SUBSCRIBED
BEFORE ME THIS _5th_ DAY
TA RY PU I TERRENCE J. McCABE, ESQUIRE
nX Y , 2009
C
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
COM gWM bn F gN VANIA
6Nc
UM
2nos
"
Member, pennovana ssodleNon of N dSO"
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 best of his knowledge,
information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S.
Section 4909 relating to unsworn falsification to authorities.
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, Pennsylvania 17013
Curt Long
Prothonotary
To: Arun Kapoor
5241 Chandler Way
Orefield, Pennsylvania 18069
December 22, 2008
4#181T4
Bank Of New York As Trustee For The Certificateholders
CWALT, Inc. Alternative Loan Trust 2005-JI I Mortgage
Pass-Through Certificates, Series 2005-JI I
VS.
Arun Kapoor
and
Anita Wyn Kapoor
Cumberland County
Court of Common Pleas
Number 08-6594 Civil Term
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
BY:
NOTIFICACION IMPORTANTE
USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER
PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA
PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR
ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS
RECLAMOS FORMULADOS EN CONTRA SUMO. AL NO TOMAR LA
ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA
NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE
COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA, DICTAR
SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS
DERECHOSIMPORTANTES.
USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO
INMEDIATAMENTE. SI LISTED NO TIENE A UN ABOGADO, VA A O
TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE
PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN
ABOGADO.
SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO,
ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACIONACERCA 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
Attorneys for Pl ntiff
TERRENCE J. cCABE, ESQUIRE
MARC S. WEIS ERG, ESQUIRE
EDWARD D. C NWAY, ESQUIRE
MARGARET G O, ESQUIRE
FRANK DUBIN, ESQUIRE
ANDREW L. MARKOWITZ, ESQUIRE
swg
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, Pennsylvania 17013
Curt Long
Prothonotary
To
Anita Wyn Kapoor
5241 Chandler Way
Orefield, Pennsylvania 18069
December 22, 2008
Bank Of New York As Trustee For The
Certificateholders CWALT, Inc. Alternative
Loan Trust 2005-J1 I Mortgage Pass-Through
Certificates, Series 2005-JI I
vs.
Arun Kapoor
and
Anita Wyn Kapoor
FkyB?q
Cumberland County
Court of Common Pleas
Number 08-6594 CIVIL TERM
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND' FILE IN
WRITING WITH THE COURT YOUR DEI:ENSES OR OBJECTIONS tit THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE EWERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
NOTIFICACION IMPORTANTE
USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER
PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA
PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR
ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS
RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA
ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA
NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE
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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
BY:
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
FRANK DUBIN, ESQUIRE
ANDREW L. MARKOWITZ, ESQUIRE
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OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Prothonotary
To: Anita Wyn Kapoor
5241 Chandler Way
Orefield, Pennsylvania 18069
Bank Of New York As Trustee For The
Certificateholders CWALT, Inc. Alternative Loan
Trust 2005-JI I Mortgage Pass-Through Certificates,
Series 2005-JI I
Plaintiff
V.
Arun Kapoor and Anita Wyn Kapoor
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 08-6594 CIVIL TERM
NOTICE
Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding
as indicated below.
Prothono
X Judgment by Default
Money Judgment
- Judgment in Replevin
- Judgment for Possession
If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway,
P.C. at (215) 790-1010.
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Prothonotary
To: Arun Kapoor
5241 Chandler Way
Orefield, Pennsylvania 18069
Bank Of New York As Trustee For The
Certificateholders CWALT, Inc. Alternative Loan
Trust 2005-JI 1 Mortgage Pass-Through Certificates,
Series 2005-JI I
Plaintiff
V.
Arun Kapoor and Anita Wyn Kapoor
Defendants
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 08-6594 CIVIL TERM
NOTICE
Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding
as indicated below.
?Prothon
X Judgment by Default
- Money Judgment
Judgment in Replevin
- Judgment for Possession
If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway,
P.C. at (215) 790-1010.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION
Bank Of New York As Trustee For The
Certificateholders Cwalt, Inc. Alternative Loan Trust
2005-JI I Mortgage Pass-Tbrough certificates, Series
2005-J 11
Arun Kapoor and Anita Wyn Kapoor
FILE NO.: 08-6594 CIVIL TERM Civil Term
AMOUNT DUE: $468,502.08
INTEREST: from 01/06/09
$12,013.56 at $77.01
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 Act 6 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)
71 Ashton 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: Signatur
Print Name: MCCABE, WEISBER AND CONWAY
Address: 123 S. Broad Street, Suite 2080
Philadelphia, PA 19109
Attorney for: Plaintiff'
Telephone: (215) 790 1010
Supreme Court ID No.
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WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 08-6594 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BANK OF NEW YORK, As Trustee for THE
CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2005-J1I MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2005-J11, Plaintiff (s)
From ARUN KAPOOR and ANITA WYN KAPOOR
(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 $468,502.08 L.L. $.50
Interest from 1/06/09 at $77.01 -- $12,013.56
Atty's Comm % Due Prothy $2.00
Atty Paid $268.55 Other Costs
Plaintiff Paid
Date: 1/16/09
urtis R. Long, rothonot y
(Seal) By:
REQUESTING PARTY:
Name: TERRENCE J. McCABE, ESQUIRE
Address: McCABE, WEISBERG & CONWAY, P.C.
123 S. BROAD STREET, SUTIE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215.790.1010
Supreme Court ID No. 16496
Deputy
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 1649E
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 3468 i
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
215 790-1010
Bank Of New York As Trustee For The
Certificateholders Cwalt, Inc. Alternative Loan Trust
2005-Jl I Mortgage Pass-Through certificates, Series
2005-J11
Plaintiff
V.
Arun Kapoor and Anita Wyn Kapoor
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY COURT OF COMMON
PLEAS
NO: 08-6594 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: 71 Ashton 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
Arun Kapoor
Anita Wyn Kapoor
2.
Address
5241 Chandler Way
Orefield, Pennsylvania 18069
5241 Chandler Way
Orefield, Pennsylvania 18069
Name and address of Defendants in the judgment:
Name Address
Arun Kapoor 5241 Chandler Way
Orefield, Pennsylvania 18069
3
4
5.
Anita Wyn Kapoor
5241 Chandler Way
Orefield, Pennsylvania 18069
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
Name and address of the last recorded holder of every mortgage of record:
Name
Plaintiff herein
Address
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
PA Department of Revenue
Address
71 Ashton 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
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
United States of America
Domestic Relations
Cumberland County
United States of America
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.
January 12, 2009
DATE
IRARENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
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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
CIVIL ACTION LAW
Bank Of New York As Trustee For The
Certificateholders Cwalt, Inc. Alternative Loan Trust
2005-J11 Mortgage Pass-Through certificates, Series
2005-JI I
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
Arun Kapoor and Anita Wyn Kapoor
Number 08-6594 CIVIL TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Arun Kapoor Anita Wyn Kapoor
5241 Chandler Way 5241 Chandler Way
Orefield, Pennsylvania 18069 Orefield, Pennsylvania 18069
Your house (real estate) at 71 Ashton Street, Carlisle, Pennsylvania 17013 is scheduled to be sold at
Sheriffs Sale on June 10, 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 eiforce the court judgment
of $468,502.08 obtained by Bank Of New York As Trustee For The Certificateholders Cwalt, Inc. Alternative Loan
Trust 2005-Jl I Mortgage Pass-Through certificates, Series 2005-JI I 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 Bank Of New York As Trustee For The Certificateholders
Cwalt, Inc. Alternative Loan Trust 2005-J1 l Mortgage Pass-Through certificates, Series 2005-J1 l
the back payments, late charges, costs, and reasonable attorney's fees due. To fmd 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.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of
stopping the sale. (See 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
J. 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.
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
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
Bank Of New York As Trustee For The
Certificateholders Cwalt, Inc. Alternative Loan Trust
2005-JI I Mortgage Pass-Through certificates, Series
2005-J 11
Plaintiff
V.
Arun Kapoor and Anita Wyn Kapoor
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 08-6594 CIVIL TERM
AFFIDAVIT OF SERVICE
I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 21 st day of May,
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 21 ST DAY
OF MAY, 2009
ARY PU LIC
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TERRENCE 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
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
Bank Of New York As Trustee For The
Certificateholders Cwalt, Inc. Alternative Loan Trust
2005-J 1 1 Mortgage Pass-Through certificates, Series
2005-J I 1
Plaintiff
V.
Arun Kapoor and Anita Wyn Kapoor
Defendants
DATE: May 21, 2009
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Number 08-6594 CIVIL TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNERS: Arun Kapoor and Anita Wyn Kapoor
PROPERTY: 71 Ashton Street, Carlisle, Pennsylvania 17013
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriffs Sale on June 10, 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. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten
(10) days after the filing of the schedule.
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 GAHM, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Bank Of New York As Trustee For The
Certificateholders Cwalt, Inc. Alternative Loan Trust
2005-J1 l Mortgage Pass-Through certificates, Series
2005-J11
Plaintiff
V.
Arun Kapoor and Anita Wyn Kapoor
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY COURT OF COMMON
PLEAS
NO: 08-6594 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: 71 Ashton 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
Arun Kapoor
Anita Wyn Kapoor
Address
5241 Chandler Way
Orefield, Pennsylvania 18069
5241 Chandler Way
Orefield, Pennsylvania 18069
2. Name and address of Defendants in the judgment:
Name Address
Arun Kapoor 5241 Chandler Way
Orefield, Pennsylvania 18069
Anita Wyn Kapoor
3
4.
5.
5241 Chandler Way
Orefield, Pennsylvania 18069
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
Name and address of the last recorded holder of every mortgage of record:
Name
Plaintiff herein
Address
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
PA Department of Revenue
Address
71 Ashton 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
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
United States of America
Domestic Relations
Cumberland County
United States of America
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 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.
January 12. 2009
DATE
NCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
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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
Bank Of New York As Trustee For The
Certificateholders Cwalt, Inc. Alternative Loan Trust
2005-JI I Mortgage Pass-Through certificates, Series
2005-J11
Plaintiff
V.
Arun Kapoor and Anita Wyn Kapoor
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 08-6594 CIVIL TERM
SUPPLEMENTAL AFFIDAVIT OF SERVICE
1, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 15`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 15TH DAY
OF JUNE, 2009
N ARY PUBLIC
Max AC? 4 CW sn v
1dvTr?RiAL v?
' ..i ,., ?` ""1 Pubic
TERRENCE 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
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
Bank Of New York As Trustee For The
Certificateholders Cwalt, Inc. Alternative Loan Trust
2005-J1 I Mortgage Pass-Through certificates, Series
2005-J I I
Plaintiff
V.
Arun Kapoor and Anita Wyn Kapoor
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY COURT OF COMMON
PLEAS
NO: 08-6594 CIVIL TERM
SUPPLEMENTAL 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: 71 Ashton 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
Arun Kapoor
Anita Wyn Kapoor
Address
5241 Chandler Way
Orefield, Pennsylvania 18069
5241 Chandler Way
Orefield, Pennsylvania 18069
2. Name and address of Defendants in the judgment:
Name Address
Arun Kapoor 5241 Chandler Way
Orefield, Pennsylvania 18069
r
3
4
5.
Anita Wyn Kapoor
5241 Chandler Way
Orefield, Pennsylvania 18069
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
Name and address of the last recorded holder of every mortgage of record:
Name
Address
Paramount Mortgage and Capital, One Belmont Avenue, Suite 105
LLC Bala Cynwyd, PA 19004
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
PA Department of Revenue
Address
71 Ashton 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
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
United States of America
Domestic Relations
Cumberland County
United States of America
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 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 ies.
`(?L(
June 15, 2009 TERRENCE J. McCABE, ESQUI E
DATE MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
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
Bank Of New York As Trustee For The
Certificateholders Cwalt, Inc. Alternative Loan Trust
2005-J 11 Mortgage Pass-Through certificates, Series
2005-JII
Plaintiff
Arun Kapoor and Anita Wyn Kapoor
Defendants
DATE: June 15, 2009
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Number 08-6594 CIVIL TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNERS: Arun Kapoor and Anita Wyn Kapoor
PROPERTY: 71 Ashton Street, Carlisle, Pennsylvania 17013
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriffs Sale on August 5, 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. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten
(10) days after the filing of the schedule.
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A
In the Court of Common Pleas of
Cumberland County, Pennsylvania
Writ No 2008-6594 Civil Term
y
Bank of New York As Trustee for the Certificateholders CWALT, Inc., Altei?4tiv `f,o?ri
Trust 2005-J11 Mortgage Pass-Through Certificates, Series 2005-J11
Vs
Arun Kapoor and Anita Wyn Kapoor
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(s) to wit: Arun
Kapoor and Anita Wyn Kapoor, but was unable to locate them in his bailiwick. He
therefore deputized the Sheriff of Lehigh County, Pennsylvania to serve the within Real
Estate Writ, Notice of Sale and Description according to law.
Lehigh County Return - And now, the 18th day of February 2009, served the
within Real Estate Writ, Notice of Sale and Description upon Arun Kapoor the defendant,
by making known unto him personally, at 5211 Chandler Way, Orefield, Pennsylvania its
contents and at the same time handing to him a true and correct copy of the same. So
Answers: Larry Burgen, Deputy Sheriff of Lehigh County, Pennsylvania.
Lehigh County Return - And now, the 18th day of February 2009, served the
within Real Estate Writ, Notice of Sale and Description upon Anita Wyn Kapoor the
defendant, by making known unto her personally, at 5211 Chandler Way, Orefield,
Pennsylvania its contents and at the same time handing to her a true and correct copy of
the same. So Answers: Larry Burgen, Deputy Sheriff of Lehigh County, Pennsylvania.
Amanda Cobaugh, Deputy Sheriff, who being duly sworn according to law, states
that on April 9, 2009 at 0915 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, Arun
Kapoor and Anita Wyn Kapoor, located at 71 Ashton Street, Carlisle, Cumberland
County, Pennsylvania according to law
Thomas Kline, Sheriff, who being duly sworn according to law, states he served
the above Real Estate Writ, Notice, Poster and Description in the following manner: The
Sheriff mailed a notice of the pendency of the action to the within named defendants, to
wit: Arun Kapoor and Anita Wyn Kapoor, by regular mail to their last known address of,
5211 Chandler Way, Orefield, PA 18069. This letter was mailed under the date of April
6, 2009 and never returned to the Sheriffs Office
Thomas Kline, Sheriff, who being duly sworn according to law, states that this
writ is returned STAYED.
Sheriff's Costs:
Docketing 30.00
Poundage 20.29
Posting Bills 15.00
Advertising 15.00
Law Library .50
Prothonotary 2.00
Milage 9.00
Levy 15.00
Surcharge 30.00
Post Pone Sale 40.00
Deputize Lehigh County 46.00
Out of County 9.00
Law Journal 395.00
Patriot News 392.63
Share of Bills 15.43
1,034.85
So Answers,
R. Thomas Kline, Sheriff
By Cjo??d 1 Q lajwu-)
Real Estate Coordinator
? S//06>0 -f C..
-? - Dv ev.
so 1 I-
C'Z 'I l r 7s'
& '9 a g i 94
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
Bank Of New York As Trustee For The
Certificateholders Cwalt, Inc. Alternative Loan Trust
2005-J1 l Mortgage Pass-Through certificates, Series
2005-J11
Plaintiff
V.
Arun Kapoor and Anita Wyn Kapoor
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY COURT OF COMMON
PLEAS
NO: 08-6594 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: 71 Ashton 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
Arun Kapoor 5241 Chandler Way
Orefield, Pennsylvania 18069
Anita Wyn Kapoor
5241 Chandler Way
Orefield, Pennsylvania 18069
2. Name and address of Defendants in the judgment:
Name Address
Arun Kapoor 5241 Chandler Way
Orefield, Pennsylvania 18069
Anita Wyn Kapoor 5241 Chandler Way
Orefield, Pennsylvania 18069
3. 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
4. Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein
5. 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
71 Ashton 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
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
United States of America
Domestic Relations
Cumberland County
United States of America
8. Name and address of Attorney of record:
Name
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
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.
January 12, 2009 _
DATE
IMARENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 08-6594 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BANK OF NEW YORK, As Trustee for THE
CERTIFICATEHOLDERS CWALT, INC. ALTERNATIVE LOAN TRUST 2005-J11 MORTGAGE
PASS-THROUGH CERTIFICATES, SERIES 2005-J11, Plaintiff (s)
From ARUN KAPOOR and ANITA WYN KAPOOR
(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 $468,502.08 L.L. $.50
Interest from 1/06/09 at $77.01 -- $12,013.56
Atty's Comm % Due Prothy $2.00
Atty Paid $268.55 Other Costs
Plaintiff Paid
Data: 1/16/09
urtis R. 4Lo, rothon ary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: TERRENCE J. McCABE, ESQUIRE
Address: McCABE, WEISBERG & CONWAY, P.C.
123 S. BROAD STREET, SUTIE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone : 215.790.1010
Supreme Court ID No. 16496
Real Estate Sale # 30
On February 2, 2009 the Sheriff levied upon the
defendant's interest in the real property situated in
Dickinson Township,Cumberland County, PA
Known and numbered as 71 Ashton Street,
Carlisle, more fully described on Exhibit "A" filed
with this writ and by this reference incorporated herein.
Date: February 2, 2009
By:
?' ' C -J iJuL
0
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
CIVIL ACTION LAW
Bank Of New York As Trustee For The
Certificateholders Cwalt, Inc. Alternative Loan Trust
2005-JI I Mortgage Pass-Through certificates, Series
2005-Jll
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
Arun Kapoor and Anita Wyn Kapoor
Number 08-6594 CIVIL TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Arun Kapoor Anita Wyn Kapoor
5241 Chandler Way 5241 Chandler Way
Orefield, Pennsylvania 18069 Orefield, Pennsylvania 18069
Your house (real estate) at 71 Ashton Street, Carlisle, Pennsylvania 17013 is scheduled to be sold at
Sheriffs Sale on June 10, 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 etforce the courtjudgment
of $468,502.08 obtained by Bank Of New York As Trustee For The Certificateholders Cwalt, Inc. Alternative Loan
Trust 2005-JI I Mortgage Pass-Through certificates, Series 2005-JI I 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 Bank Of New York As Trustee For The Certificateholders
Cwalt, Inc. Alterative Loan Trust 2005-J11 Mortgage Pass-Through certificates, Series 2005-J1 l
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.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of
stopping the sale. (See 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
d. 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.
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
OURVAUM At A 1102IPr oll m S0o1? san or so v= *? Amovast Dickinsd'n Township
sass At !E2 Dr#WzS>< un WINOW WT! M. 36 AOW 371 USIM
Alen a= SWMW Last Cr IS= 60 1E11 UM ASOVOIt UM#
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rJURS MWOU Sam Wes M. 36 AM 371 !SS#K:i Ar4W SAM 10TVInITIfi
LEM SIMP ON SRin Z Q= 1105. 35 11151 37, W== 32 M WOWS 56
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WE SOUXIE li LIB (W NOW SO NUT II= ASOM BMW AM !ES K A=
OV . 210 AVOW CUSCRTEOD ZAR OS' ZAAD Z8 AM CIF LO"! 36 AS
SsrM Ol< SAW SDiGlsvlS= PZM I= CL.AINNIOM MW COVELUIS A11 AM
Or s9voo0 92MM 1231. am SUM SOOMMS WAZ O L=WWD S.
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Being known as:: 71 Ashton Street, Carlisle, Pennsylvania 17013.
BEING the same premises which PETER P. THEM by deed dated December 13, 2001 and recorded December 14,
2001 in the office of the Recorder in and for Cumberland County in Deed Book 249, Page 2996 Instrument #
2001-042660, granted and conveyed to Arun Kapoor and Anita Wyn Kapoor in fee.
TAX MAP PARCEL NUMBER: 08-09-0525-102
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:
May 1, May 8, and May 15, 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.
- '- "?-- i:
isa Marie Coyne, Ed' or
SWORN TO AND SUBSCRIBED before me this
15 day of May, 2009
621L Notary
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
FAAL SWAIN BALM NO. 30
Writ No. 2008-6594 Civil
Bank of New York As Trustee for
the Certificateholders CWALT,
Inc., Alternative Loan Trust
2005-J11 Mortgage Pass-Through
Certificates, Series 2005-J11
VS.
Arun Kapoor and
Anita Wyn Kapoor
Atty.: Terrence J. McCabe
LEGAL DESCRIPTION
BEGINNING at a point on the
southern line of 50 feet wide Ashton
Street at the dividing line between
Lots Nos. 36 and 37; thence along
said southern line of said 50 feet wide
Ashton Street, North 57 degrees 03
minutes 52 seconds East a distance
of 150.00 feet to a point at the divid-
ing line between Lots 35 and 36;
thence along said dividing line be-
tween said Lots 35 and 36, South 32
degrees 56 minutes 08 seconds East
a distance of 400.00 feet to a point in
line of land now or formerly of Dennis
L. Calaman and wife; thence along
line of said land now or formerly of
Dennis L. Calaman and wife, South
57 degrees 03 minutes 52 seconds
West a distance of 150.00 feet to a
point at the dividing line between
said Lots No. 36 and 37; thence along
said dividing line between said Lots
Nos. 36 and 37, North 32 degrees 56
minutes 08 seconds West a distance
of 400.00 feet to a point on the south-
ern line of said 50 feet wide Ashton
Street at the place of beginning. The
above described lot of land is all of
Lot 36 as shown on said subdivision
plan for Clarendon and contains an
area of 60,000 square feet. Being the
armt prt:nises which Linwood B.
, Jr., widower, granted and
coed unto Pier P. Them, by deed
dW" AW 30, 2001, and recorded
in the Cumberland County Recorder
of Deeds Office in Deed Book 243,
Page 805.
Being known as: 71 Ashton Street,
Carlisle, Pennsylvania 17013.
BEING the same premises which
PETER P. THEM by deed dated
December 13, 2001 and recorded
December 14, 2001 in the office of
the Recorder in and for Cumberland
County in Deed Book 249, Page 2996
Instrument fi 2001-042660, granted
and conveyed to Arun Kapoor and
Anita Wyn Kapoor in fee.
TAX MAP PARCEL NUMBER: 08-
09-0525-102.
PF 14Tie Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8213
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
cue Patr1*otwXews
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Joseph A. Dennison, being duly sworn according to law, deposes and says:
That he is the Assistant Controller of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither he nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That he has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf o` 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:
04/24/09
05/01/09
?`
Sworn to nd bscribed before me this 12 clay of May, 2009 A.D.
fI
Notary-Publi
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sherrie L Kisner, Notary Public
City Of Hartisburg, Dauphin County
My Commission Expires Nov. 26, 2011
05/08/09
Member, Pennsylvania Association of Notaries
Real Estate Sale No. 30
Writ No. 20OI400Y+t Chrl1 Term
Bank of Now York As Trustee for
the Certiflaatsholders CWALT,
Inc., AfternaNve Loan Trust
2008-Jit Mortgage Pass-
Through°CwtffkM*, Series
2005411
VS
Arun Kepoor and
Anita Wyn Kapoor
Attorney Terrence J. McCabe
LEGAL DESCRIPTION
Dickinson Township
BEOINNINGAT A POINT ON THE
SOUTHERN LINE OF 50 FEET WIDE
ASHTON STREET AT THE DIVIDING LINE
BETWEEN LOTS NOS. 36 AND 37; THENCE
ALONG SAID SOUTHERN LINE OF SAID
50 FEET WIDE ASHTON STREET, NORTH
57 DEGREES 03 MINUTES 52 SECONDS
EAST A DISTANCE OF 150.00 FEET TO A
POINT AT THE DIVIDING LINE BETWEEN
LOTS 35 AND 36; THENCE ALONG SAID
DIVIDING LINE BETWEEN SAID LOTS 35
AND 36, SOUTH 32 DEGREES 56 MINUTES
08 SECONDS EAST A DISTANCE OF 400.00
FEET TO A POINT IN LINE OF LAND NOW
OR FORMERLY OF DENNIS L. CALAMAN
AND WIFE; THENCE ALONG LINE OF
SAID LAND NOW OR FORMERLY OF
DENNIS L. CALAMAN AND WIFE, SOUTH
57 DEGREES 03 MINTUES 52 SECONDS
WEST A DISTANCE OF 150.00 FEET TO A
POINT AT THE DIVIDING LINE BETWEEN
SAID TATS NO. 36 AND 37; THENCE
ALONG SAID DIMING LINE BETWEEN
LOTS NOS. 36 AND 37, NORTH 32
DEGREES 56 MINUTES 08 SECONDS WEST
A DISTANCE OF 400.00 FEET TO A POINT
ON THE SOUTHERN LINE OF SAID 50
FEET WIDE ASHTON STREET AT THE
PLACE OF BEGINNING. THE ABOVE
DESCRIBED LOT OF LAND IS ALL OF LOT
36 AS SHOWN ON SAID SUBDIVISION
PLAN FOR CLARENDON AND CONTAINS
AN AREA OF 60,000 SQUARE FEET. BEING
THE SAME PREMISES WHICH LINWOOD
B. PHILLIPS, JR., WIDOWER, GRANTED
AND CONVEYED UNTO PETER P. THEM,
BY DEED DATED APRIL 30, 2001, AND
RECORDED IN THE CUMBERLAND
COUNTY RECORDER OF DEEDS OFFICE
IN DEED BOOK 243, PAGE 805.
Being known as: 71 Ashton Street, Carlisle, PA
17013
BEING the same premises which PETER P.
THEM by deed dated December 13, 2001 and
recorded December 14; 2001 in the office of the
Recorder in and for Cumberland County in Deed
Bs? ok 249, Page 2996 Instrument # 2001-
C42660, granted and conveyed to Arun Kapoor
ano Anita Wyn. Kapoor in Me .
T? X MAP PARCEL NUMBER: 08.09-0525-
102
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA
CIVIL DIVISION
FILE NO.: 08-6594 CIVIL TERM Cim
.
u g
Bank Of New York As Trustee For The `?
..
Certificateholders CWALT, Inc. Alternative Loan AMOUNT DUE: $468
502.08
Trust 2005-J 11 Mortgage Pass-Through Certificates, ,
-<>
:z
Series 2005-JI I INTEREST: from 01/06/09 y° -v c s
V. $82.015.65 at $77.01 =CD
ATTY' S COMM.: Ty z
C:) -
?
Arun Kapoor and Anita Wyn Kapoor -a cn ?
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.
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)
71 Ashton 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: Wzd/tt
'tu.SS C%XF
14.00 u«
'26.00111(
01 k. 00
Ic, Sq. ss « <<
I S. So oK
I Lt. W
(9 4. do
r- 1,3 94-90 M 01
Signature
Print Name: Christine L. Graham, uire
Firm: MCCABE, WEISBERG AND CON
Address: 123 S. Broad Street. Suite 2080
Philadelphia. PA 19109
Attorney for: Plaintiff
Telephone: (215) 790 1010
Supreme Court ID No. 309480
PLO-
Ck+? 14810 3
atk 'too`1 Wrti
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
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID #74770
MARISA J. COHEN, ESQUIRE - ID # 87830
KEVIN T. McQUAIL, ESQUIRE - ID # 307169
CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480
BRIAN T. LaMANNA, ESQUIRE - ID # 310321
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Bank Of New York As Trustee For The
Certificateholders CWALT, Inc. Alternative Loan
Trust 2005-JI 1 Mortgage Pass-Through Certificates,
Series 2005-J I 1
Plaintiff
V.
Arun Kapoor and Anita Wyn Kapoor
Defendants
Attorneys for Plaintiff
-i
rrI
O
_ -T1
Y C-3
s C -,... ,
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO: 08-6594 CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129
The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning
the real property located at: 71 Ashton Street, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ
of Execution was filed. A copy of the description of said property being attached hereto.
Name and address of Owners or Reputed Owners
Name
Anita Wyn Kapoor
Arun Kapoor
Address
5241 Chandler Way
Orefield, Pennsylvania 18069
5241 Chandler Way
Orefield, Pennsylvania 18069
2. Name and address of Defendants in the judgment:
Name
Arun Kapoor
Address
5241 Chandler Way
Orefield, Pennsylvania 18069
Anita Wyn Kapoor
5241 Chandler Way
Orefield, Pennsylvania 18069
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
Name and address of the last recorded holder of every mortgage of record:
Name
Plaintiff herein
Address
Name and address of every other person who has any record lien on the property:
Name Address
None
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
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest
in the property which may be affected by the sale:
Name
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
PA Department of Revenue
Address
71 Ashton Street
Carlisle, Pennsylvania 17013
Department of Public Welfare
Bureau of Child Support Enforcement
P.O. Box 2675
Harrisburg, PA 17105
ATTN: Dan Richard
110 North 8`h Street
Suite #204
Philadelphia, PA 19107
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Commonwealth of Pennsylvania Clearance Support Department 281230
Department of Revenue Bureau of Harrisburg, PA 17128-1230
Compliance ATTN: Sheriff's Sales
United States of America Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
Domestic Relations P.O. Box 320
Cumberland County Carlisle, PA 17013
United States of America c/o United States Attorney for the
Middle District of PA
William J. Nealon Federal Bldg.
235 North Washington Avenue, Ste. 311
Scranton, PA 18503
and
Harrisburg Federal Building & Courthouse
228 Walnut Street, Ste. 220
Harrisburg, PA 17108-1754
United States of America c/o U.S. Dept of Justice, Room 5111
Atty General of the United States 950 Pennsylvania Avenue NW
Washington, DC 20530-0001
United States of America c/o U.S. Dept of Justice, Room 4400
Atty General of the United States 950 Pennsylvania Avenue NW
Washington, DC 20530-0001
8. Name and address of Attorney of record:
Name Address
None
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.
August 25, 2011 Christine L. Graham, Esqui
DATE Attorney for Plaintiff
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff
MARC S. WEISBERG, ESQUIRE - ID # 17616 c::
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419 ,
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 Ns-' w
C) u
HEIDI R. SPIVAK, ESQUIRE - ID #74770 -C? -s
MARISA J. COHEN, ESQUIRE - ID # 87830 r? a -u C:)
KEVIN T. McQUAIL, ESQUIRE - ID # 307169
=q)
CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 '
BRIAN T. LaMANNA, ESQUIRE - ID # 310321 c ri
123 South Broad Street, Suite 2080 -'
Philadelphia, Pennsylvania 19109
(215) 790-1010
Bank Of New York As Trustee For The
Certificateholders CWALT, Inc. Alternative Loan
Trust 2005-JI I Mortgage Pass-Through Certificates,
Series 2005-J I I
Plaintiff
V.
Arun Kapoor and Anita Wyn Kapoor
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Number 08-6594 CIVIL TERM
Defendants
AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF PHILADELPHIA:
SS.
The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby
depose and say that the last-known mailing addresses of the Defendants are:
Arun Kapoor Anita Wyn Kapoor
5241 Chandler Way 5241 Chandler Way
Orefield, Pennsylvania 18069 Orefield, Pennsylvania 18069
SWORN AND SUBW,]RI ED
BEFORE ME THISoJ^AY
J , 2011
OTAR PUBLIC
COMMONWEALTH OF PENNSYLVANIA
NOTARIAL SEAL
STACEY M. O'CONNELL, Notary Public
City of PhllWalphia, Phila. County
My {;om,ni Sjonn Wes.July 10, 12
Christine L. GrahaW-,-fsqU_i1Vj
Attorney for Plaintiff
1.? i1-Or?IC:
r'r;0THOWOTAf, r
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 i ^ 0 o?geys for Plaintiff
MARC S. WEISBERG, ESQUIRE - ID # 17616 i AUC ` L
EDWARD D. CONWAY, ESQUIRE - ID # 34687 CUMBERLAND COUNTY
MARGARET GAIRO, ESQUIRE - ID # 34419 PENNSYLVANIA
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID #74770
MARISA J. COHEN, ESQUIRE - ID # 87830
KEVIN T. McQUAIL, ESQUIRE - ID # 307169
CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480
BRIAN T. LaMANNA, ESQUIRE - ID # 310321
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
CIVIL ACTION LAW
Bank Of New York As Trustee For The
Certificateholders CWALT, Inc. Alternative Loan
Trust 2005-JI I Mortgage Pass-Through Certificates,
Series 2005-JI I
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
V.
Arun Kapoor and Anita Wyn Kapoor
Number 08-6594 CIVIL TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Arun Kapoor Anita Wyn Kapoor
5241 Chandler Way 5241 Chandler Way
Orefield, Pennsylvania 18069 Orefield, Pennsylvania 18069
Your house (real estate) at 71 Ashton Street, Carlisle, Pennsylvania 17013 is scheduled to be sold at
Sheriffs Sale on December 7, 2011 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 $468,502.08 obtained by Bank Of New York As Trustee For The Certificateholders CWALT, Inc.
Alternative Loan Trust 2005-JI I Mortgage Pass-Through Certificates, Series 2005-JI I 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 Bank Of New York As Trustee For The Certificateholders
CWALT, Inc. Alternative Loan Trust 2005-JI I Mortgage Pass-Through Certificates, Series
2005-JI I 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.
3. You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of
stopping the sale. (See 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.
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
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N008-6594 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BANK OF NEW YORK AS TRUSTEE FOR THE
CERTIFICATEHOLDERS CWALT, INC., ALTERNATIVE LOAN TRUST 2005-J1I
MORTGAGE PASS-THROUGH CERTIFICATES, SERIES 2005-J11 Plaintiff (s)
From ARUN KAPOOR AND ANITA WYN KAPOOR
(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: $468,502.08 L.L.:
Interest from 1/6/09 $82,015.65 AT $77.01
Atty's Comm: % Due Prothy: $2.00
Atty Paid: $1,324.90 Other Costs:
Plaintiff Paid:
Date: 8/30/11
David D. Bu 1, Prothonotary
(Seal) By:
Deputy
REQUESTING PARTY:
Name: CHRISTINE L. GRAHAM, ESQUIRE
Address: MCCABE, WEISBERG AND CONWAY
123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 309480
?1 .,. iii f? I l.?
McCABE, WEISBERG & CONWAY, P. ?.j f r-?:-x 24
TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616 ' ° r ` l la11, 0 Z; O 111. T'
EDWARD D. CONWAY, ESQUIRE - ID # 34687 !; c Y r, 11,
MARGARET GAIRO, ESQUIRE - ID # 34419
KEVIN T. McQUAIL, ESQUIRE - ID # 307169
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Bank Of New York As Trustee For The
Certificateholders CWALT, Inc. Alternative Loan
Trust 2005-JI I Mortgage Pass-Through Certificates,
Series 2005-J11
Plaintiff
V.
Arun Kapoor and Anita Wyn Kapoor
Defendant
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 08-6594 CIVIL TERM
AFFIDAVIT OF SERVICE
OF
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
The undersigned attorney for the Plaintiff in the within matter, hereby certifies that on the 19th day of
October, 2011, 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 Amended Affidavit Pursuant to 3129 which is attached hereto.
A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part
hereof.
SWORN AND SUBSCRIBED
BEFORE ME THIS QC_+h DAY
OF C)CA-C), 2011
NOTARY 'PUBLIC
McCABE, WEISBERG & CONWAY, P.C.
Attorneys for Plaintiff 4::?
By:
TERRENCE . McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
KEVIN T. McQUAIL, ESQUIRE - ID # 307169
McCABE, WEISBERG & CONWAY, P.C.
TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
KEVIN T. McQUAIL, ESQUIRE - ID # 307169
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Bank Of New York As Trustee For The
Certificateholders CWALT, Inc. Alternative Loan
Trust 2005-JI I Mortgage Pass-Through Certificates,
Series 2005-JI I
Plaintiff
V.
Arun Kapoor and Anita Wyn Kapoor
Defendants
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO: 08-6594 CIVIL TERM
AMENDED AFFIDAVIT PURSUANT TO RULE 3129
The undersigned attorney for Plaintiff in the above action sets forth the following information concerning
the real property located at 71 Ashton Street, Carlisle, Pennsylvania 17013, as of the date the Praecipe for the Writ
of Execution was filed. A copy of the description of said property is attached hereto.
Name and address of Owners or Reputed Owners
Name
Anita Wyn Kapoor
Arun Kapoor
Address
5241 Chandler Way
Orefield, Pennsylvania 18069
5241 Chandler Way
Orefield, Pennsylvania 18069
2. Name and address of Defendants in the judgment:
Name
Arun Kapoor
Address
5241 Chandler Way
Orefield, Pennsylvania 18069
Anita Wyn Kapoor
5241 Chandler Way
Orefield, Pennsylvania 18069
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
4.
6.
7.
Name and address of the last recorded holder of every mortgage of record:
Name
Plaintiff herein
Address
Name and address of every other person who has any record lien on the property:
Name
Address
Name and address of every other person who has any record interest in the property which may be
affected by the sale:
Name
Address
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
PA Department of Revenue
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
United States of America
Address
71 Ashton Street
Carlisle, Pennsylvania 17013
Department of Public Welfare
Bureau of Child Support Enforcement
P.O. Box 2675
Harrisburg, PA 17105
ATTN: Dan Richard
110 North 8`h Street
Suite #204
Philadelphia, PA 19107
6th Floor, Strawberry Square
Department 4280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
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
Domestic Relations
Cumberland County
United States of America
United States of America c/o
Atty General of the United States
United States of America c/o
Atty General of the United States
P.O. Box 320
Carlisle, PA 17013
c/o United States Attorney for the
Middle District of PA
William J. Nealon Federal Bldg.
235 North Washington Avenue, Ste. 311
Scranton, PA 18503
and
Harrisburg Federal Building & Courthouse
228 Walnut Street, Ste. 220
Harrisburg, PA 17108-1754
U.S. Dept of Justice, Room 5111
950 Pennsylvania Avenue NW
Washington, DC 20530-0001
U.S. Dept of Justice, Room 4400
950 Pennsylvania Avenue NW
Washington, DC 20530-0001
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 unworn falsification to authorities.
McCABE, WEISBERG & CONWAY, P.C.
October 19, 2011 Attorneys for Plaintiff
DATE
By:
TERRENCE J. cCA E, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
KEVIN T. McQUAIL, ESQUIRE
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
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID #74770
MARISA J. COHEN, ESQUIRE - ID # 87830
KEVIN T. McQUAIL, ESQUIRE - ID # 307169
CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480
BRIAN T. LaMANNA, ESQUIRE - ID # 310321
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Bank Of New York As Trustee For The
Certificateholders CWALT, Inc. Alternative Loan
Trust 2005-JI 1. Mortgage Pass-Through Certificates,
Series 2005-J 11
Plaintiff
V.
Arun Kapoor and Anita Wyn Kapoor
Defendants
DATE: October 19, 2011
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Number 08-6594 CIVIL TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNERS: Arun Kapoor and Anita Wyn Kapoor
PROPERTY: 71 Ashton Street, Carlisle, Pennsylvania 17013
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriffs Sale on December 7, 2011 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. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten
(10) days after the filing of the schedule.
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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
ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 _ w
HEIDI R. SPIVAK,ESQUIRE-ID#74770
MARISA J. COHEN,ESQUIRE-ID#87830 is-r-AD _� '_.
KEVIN T. MCQUAIL,ESQUIRE-ID#307169 .
CHRISTINE L. GRAHAM,ESQUIRE-ID#309480
BRIAN T. LAMANNA,ESQUIRE-ID#310321 >n ,
ANN E.SWARTZ,ESQUIRE-ID#201926
JOSEPH F.RIGA,ESQUIRE-ID#57716
JOSEPH I.FOLEY,ESQUIRE-ID#314675
123 South Broad Street,Suite 1400
Philadelphia,Pennsylvania 19109
(215)790-1010
Bank Of New York As Trustee For The CUMBERLAND COUNTY
Certificateholder S Cwalt, Inc. Alternative Loan COURT OF COMMON PLEAS
Trust 2005-j11
Plaintiff No. 08-6594 CIVIL TERM
v.
Arun Kapoor and Anita Wyn Kapoor
Defendants
PRAECIPE
TO THE PROTHONOTARY:
❑ Please mark the action Discontinued and Ended without prejudice.
❑ Please mark the above referenced case Settled, Discontinued and Ended.
❑ Please Vacate the judgment entered and mark the action Discontinued and Ended without prejudice.
❑ Please mark the in rem judgment Satisfied and the action Discontinued and Ended.
❑ Please Vacate the Judgment entered.
DATE: .7/31 13 McCABE,WEISBER P • ND CONWAY,P.C.
BY: �I► ai
[ ] Terrence J.McCabe, 'squire [ ] Marc S. Weisberg,Esquire
[ ]Edward D. Conway,Esquire [ ]Margaret Gairo,Esquire
[ ]Andrew L. Markowitz,Esquire [V]Heidi R. Spivak,Esquire
[ ]Marisa J. Cohen,Esquire [ ]Kevin T.McQuail,Esquire
[ ] Christine L.Graham,Esquire [ ] Brian T.LaManna,Esquire
[ ]Ann E. Swartz,Esquire [ ] Joseph F.Riga,Esquire
[ ] Joseph I. Foley, Esquire �� ��
Attorneys for Plaintiff and] l
Cgig.25„ ,
a9a�a,5
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
ANDREW L. MARKOWITZ,ESQUIRE-ID# 28009
HEIDI R. SPIVAK,ESQUIRE-ID#74770
MARISA J.COHEN,ESQUIRE-ID#87830
KEVIN T.MCQUAIL,ESQUIRE-ID#307169
CHRISTINE L.GRAHAM,ESQUIRE-ID#309480
BRIAN T. LAMANNA,ESQUIRE-ID#310321
ANN E.SWARTZ,ESQUIRE-ID#201926
JOSEPH F.RIGA,ESQUIRE-ID#57716
JOSEPH I. FOLEY,ESQUIRE-ID#314675
123 South Broad Street,Suite 1400
Philadelphia,Pennsylvania 19109
(215)790-1010
Bank Of New York As Trustee For The Certificateholder CUMBERLAND COUNTY
S Cwalt, Inc. Alternative Loan Trust 2005-j11 COURT OF COMMON PLEAS
Plaintiff
No. 08-6594 CIVIL TERM
v.
Arun Kapoor and Anita Wyn Kapoor
Defendants
CERTIFICATE OF SERVICE
The undersigned Attorney for Plaintiff,hereby certifies that a true and correct copy of the within Praecipe was
served on the below persons by regular first class mail,postage prepaid, on the I day of June,2013.
Arun Kapoor
5241 Chandler Way
Orefield, Pennsylvania 18069
Anita Wyn Kapoor
5241 Chandler Way
Orefield,Pennsylvania 18069
DATE: .7 I J 113 McCABE,WEISB 0 ' AND CONWAY,P.C.
BY: , I .034
[ ] Terrence J.McCab ,Esquire [ ]Marc S. Weisberg,Esquire
[ ]Edward D. Conway,Esquire [ ]Margaret Gairo,Esquire
[ ]Andrew L.Markowitz,Esquire [✓] Heidi R. Spivak,Esquire
[ ] Marisa J. Cohen,Esquire [ ] Kevin T.McQuail,Esquire
[ ] Christine L.Graham,Esquire [ ]Brian T. LaManna,Esquire
[ ]Ann E. Swartz,Esquire [ ]Joseph F. Riga,Esquire
[ ]Joseph I.Foley,Esquire
Attorneys for Plaintiff