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Home My WebLink About08-6821 PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 DANIEL G. SCHMIEG, ESQ., Id. No. 62205 MICHELE M. BRADFORD, ESQ., Id. No. 69849 JUDITH T. ROMANO, ESQ., Id. No. 58745 SHEETAL SHAH-JANI, ESQ., Id. No. 81760 JENINE R. DAVEY, ESQ., Id. No. 87077 LAUREN R. TABAS, ESQ., Id. No. 93337 IVEK SRIVASTAVA, ESQ., Id. No. 202331 AY B. JONES, ESQ., Id. No. 86657 PETER MULCAHY, ESQ., Id. No. 61791 ANDREW SPIVACK, ESQ., Id. No. 84439 JAIME MCGUINNESS, ESQ., Id. No. 90134 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 191057 COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 Plaintiff V. SHERRY P. LIGARDE 4704 COURTLAND STREET CAMP HILL, PA 17011 Defendant ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION TERM /(/? / NO. of - fljo?l CUMBERLAND COUNTY CIVIL ACTION - LAW COMPLAINT IN MORTGAGE FORECLOSURE File #: 191057 NOTICE You have been sued in Court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this Complaint and Notice are served by entering a written appearance personally or by attorney and filing in writing with the Court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so, the case may proceed without you, and a judgment may be entered against you by the Court without further notice for any money claimed in the Complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Lawyer Referral Service: Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 (717) 249-3166 File #: 191057 Plaintiff is COUNTRYWIDE HOME LOANS SERVICING, LP 7105 CORPORATE DRIVE PLANO, TX 75024 2. The name(s) and last known address(es) of the Defendant(s) are: SHERRY P. LIGARDE 4704 COURTLAND STREET CAMP HILL, PA 17011 who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described. 3. On 09/29/2006 mortgagor(s) made, executed and delivered a mortgage upon the premises hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC., AS A NOMINEE FOR E-LOAN, INC. which mortgage is recorded in the Office of the Recorder of CUMBERLAND County, in Mortgage Book No. 1968, Page 2565. The PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing an assignment of same. A copy of the Mortgage is attached as Exhibit "A". 4. The premises subject to said mortgage is described as attached. 5. The mortgage is in default because monthly payments of principal and interest upon said mortgage due 03/01/2008 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon failure of mortgagor to make such payments after a date specified by written notice sent to Mortgagor, the entire principal balance and all interest due thereon are collectible forthwith. File #: 191057 6 Principal Balance $172,035.48 Interest $11,124.93 02/01/2008 through 11/17/2008 (Per Diem $38.23) Attorney's Fees $1,325.00 Cumulative Late Charges $510.72 09/29/2006 to 11/17/2008 Cost of Suit and Title Search 750.00 Subtotal $185,746.13 The following amounts are due on the mortgage: Escrow Credit $0.00 Deficit $5,694.77 Subtotal $5,694.77 TOTAL $191,440.90 7. 8 If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above may be less than the amount demanded based on work actually performed. The attorney's fees requested are in conformity with the mortgage and Pennsylvania law. Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if the complexity of the action requires additional fees in excess of the amount demanded in the Action. Plaintiff is not seeking a judgment of personal liability (or an in personam judgment) against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a separate Action to establish that right, if such right exists. If Defendant(s) has/have received a discharge of personal liability in a bankruptcy proceeding, this Action of Mortgage Foreclosure is in no way an attempt to reestablish such personal liability discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged premises pursuant to Pennsylvania Law. File #: 191057 9. The mortgage premises are vacant and abandoned. WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum of $191,440.90, together with interest from 11/17/2008 at the rate of $38.23 per diem to the date of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. & SCHMIEG, LLP By.? LA N E PHE , ESQUIRE F CI S. HALLINAN, ESQUIRE D IEL G. SCHMIEG, ESQUIRE t-HELE M. BRADFORD, ESQUIRE JUDITH T. ROMANO, ESQUIRE SHEETAL R. SHAH-JANI, ESQUIRE JENINE R. DAVEY, ESQUIRE LAUREN R. TABAS, ESQUIRE VIVEK SRIVASTAVA, ES XJAY B. JONES, ESQUIRE 9- PETER MULCAHY, ESQ 9 ANDREW SPIVACK, ESQUIRE JAIME MCGUINNESS, ESQUIRE Attorneys for Plaintiff File #: 191057 3t?? RASERT P, ZIEGLER ?:ECCRDE0. OF DEED O ...Ff LA "D C0ur,?Y- F W OCT 5 Rte 11 1,7 Prepared By-Thu Le E-LOAN, Inc. 6230 Stoneddge Mail Road Pleasanton, CA 94SU Title Order No.: GR06-1279REP Escrow No.: GR06-1279REP After Recording Return To: STZHART XORTGVWZ 1"ORHATIOH $-LOAN TRAILING DOCMUMrrS 3910 EIRBY DRI", SUITS 300 HOUSTON, TX 77098 (800) 795=5263 Parcel Number: 10-21-0279-144 Premises:: 4704 Courtland Street Catap Sill, PA 17011 [Space Abora IU Um For Rowrdft Data] MORTGAGE DEF7NMONS NUN 100039610010784212 Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) 'Security instrument" means this document, which is dated September 29, 2006 together with all Riders to this document. ' (B) 'Borrower" is Sbarry P Ligarde Borrower is the mortgagor under this Security Instrument. (C) "!VIERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Leader's sucoessors and assigns. MEW is the mortgagee under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS. A1074421 Pt31NSYLVANIA - SO & Family - Fannis MaNFnorktio Use UNWO M INSTRUMT WITH UM 4ft-GA(PA) (oeoe) Farm 3099 1101 Ppr 1 & is + Initws: ?Y6C VMP Mortpp 301WOM NC. (600)521-7201 68PG256S 6K i9 11103/2008 11:12:11 AM CUMBERLAND COUNTY Inst.# 200636509 . Page 1 of 17 (A) "Lender" is S-LORai, Inc. Lender is a Corporation organized and existing under the laws of D3Li1N1mn Lender's address is 6230 Stoneridge W1 Road, Pleasanton, CA 94588 (E) "Note" means the promissory note signed by Borrower and dated Septsasber 29, 2006 The Notc states that Borrower owes Lender one Sundred seventy Pour Thousand ]lad Zero/100 Dollars (U.S. S174,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than October Oi, 2036 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (ii) "Riders" means all Riders to this Security lnstrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider Balloon Rider Condominium Rider Planned Unit Development Rider 0 Second Home Rider 1 4 Family Rider VA Rider Bi kl P R R wee y ayment ider Other(s) [specify] (1) "AppUpttble 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. (.n "Comniuaity Association Dues, Fees, and Aaaepments" means all duea, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (l) 'tect onic Funds Transfer" mesas any trausfea of funds, other than a transaction originated by check, draft, or similar paper instrument, which n initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. (L) "Escrow Items" means those items that are described in Section 3. M 'TAIsedlaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third parry (other than insurance proceeds paid under the coverages described in Soction 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. (1) "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 (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 7/1078421 4%-GA(PA) tosoe) PAP2 of 1e Form $039 1/01 GAVII bil h BK 11968PG25.6.6 11/0312008 11:12:11 AM CUMBERLAND COUNTY lnst.# 200636509 - Page 2 of 17 (P) *=SPA" means the Real Estate Settlement Procedures Ad (12 U.S.C. Section 2601 at seq.) and its imPlemmtiag regulation, Regularion X (Z4 C.F.R Part 3500), as they might be amended from time to time, or any addrtianai or succxasor legislation or regulation that governs the name subject ttatter. As used in this Security Iasttvment, "RESPA" refers to all roquirememt: and rastrictioas flat are imposed in regard to a "federally related mortgage lose" even if the Lora 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 and/or this Security Instrument TRANSFER OF RIGHTS IN THE PROPERTY This Security instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrowers covenants sod agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant au>d convey to MERS (solely as nominee for Leader and Leader' a successors and assigns) and to the successors and assigns of MERS, the following described property located in the County (-type of Reoor&nj JnriKSC6 n) of Cumberland (Name of R=wdm3 AubdiWwj: Sea legal description attached hereto and made a part hereof. which currently has the address of 4704 Courtland street Camp Bill ("Property Address"): (scrod] (cityl, Pennsylvania 17011 (Zip Code) TOGETHER WITH all the improvements now or herosflrr erected on the property, and all easements, appautennces, and futures 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 MERE holds only legal title to the interests wanted by Borrower in this Security Insh==4 but, if necessary to comply with law or custom, MERS (as nominee for Leader and Lender s vxxmssors and ssst?os) has the night: to exercise any or all of those interests, incl but not limited to, the right to foreclose and sell the Property; and to take any action required of ? including, but not limited to, releasing and canceling this Security lasbunent. A107#431 4ft-6A(PA) (osos) Pq.s a 1e Farm 3039 1f01 BK 19.6 8-PG 2567 -'; 18ITA 11/0312008 11:1211 AM CUMBERLAND COUNTY Inst.# 200636509 - Page 3 of 17 BORROWER COVENANT'S 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 nonuniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real propecty UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prgwymaat Charges, sad 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 fiords for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrummt shall be made in U.S. currency. However, if any check or other instrument received by bender 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 arc insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by I ender when received at the location designated in the Note or at such other, location as may be designated by Leader in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or parted payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment iosuf 10iant 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 unappliod funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return these to Borrower. If not applied earlier, such fiends will be applied to the outstanding principal balance under the Note immedistely prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower froma making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lander receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any Into charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Leader may apply any payment received from Borrower to the repayment of the Periodic Payments it; and to the extent that, each payment 1/1078421 rWtws 4%-GA(PA) tosost wo.s of to Fan 3039 1101 BK IS68PG2568 ? TIT 1110312008 11:12:11 AM CUMBERLAND COUNTY Intl 200636509 - Paqe 4 of 17 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 lane charges duo. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments. 3. Funds for Escrow Items. Borrower shall pay to Loader 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) canes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any, (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums,, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. Theme 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 Larder the Funds for Escrow Itoma unless Leader 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 Lander and, if Lender requires, shall funish 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 ail purposes be deemed to be a covenant and agreement contained in this Security Instrument, as die phrase "covenant and agreommt" 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 Lander any such amount. Lender may revoke the waiver as to say or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in sa amount (a) sufficient to permit Linda to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum, amount a larder can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accords= with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a faderal agency, instrumentality, or entity (including Lender, if Leader 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. Leader shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Leader 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 Rinds. Borrower and Lender can agree in writing, however, that interest A1078421 4R-OA(PA) (asoe) POPS of 18 Form 3039 1101 8K l g68PG2569 LRIT 1110312008 11:12:11 AM CUMBERLAND COUNTY Inst.# 200636509 - Pace 5 of 17 Shall be paid on the Funds. Lender shad 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, header 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 Leader the amount necessary to make up the shortage in accordance with RWA, but in no more than 12 monthly payments. If there is a deficiency of Funds hold in escrow, as defined reeler RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amoemt necessary to mains 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 Sorority Instrument, Leadw shall promptly refimd to Borrower any Funds held by Lender. 4. Charges; Liens, Borrower shall pay all taxes, anesaments, charges, fines, and impositions attributable to the Property which can attain priority over this Security lnstrvmen4 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 WWI Promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Leodee s opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until sn& proceedings are conchudel; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take' one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time chap for a real estate tax verification and/or reporting service used by Lender m connection with this Loan. 5. Property Insurance . Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (mchuding 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 Leader'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 tine remWmgs or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be ragonrable 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. A1078421 rwW.: ci LK,t -a/1(Pll)tOaos> ro.eof is T Formaosti l/at SK1-968PG25_70 ?XtUBIT A 11103/2008 11:12:11 AM CUMBERLAND COUNTY Inst.# 200636509 - Pape 6 of 17 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Basroweea acpease. Linda is under no obligation to purchase any particalar type or amount of coverage. ThereEme, such coverage shall cover Leander, but might or aright not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard of liability and might provide greater or leaser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly cmeeed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Leader under this Section S shall become additional debt of Borrower secrrre d 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 Lenders right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premium and Mews] notices. If Borrower obtains any form of insurance coverage, not otherwise required by Leader, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Leader as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may makes proof of loss if not made promptly by Borrower. Unless Leader and Borrower otherwise agree is winning, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an oppertlmity to mspW such property to ensure the work has been completed to Leader'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 than 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, Lancer may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that tin insurance carrier has offered to settle a claim, then Lander may negotiate and settle the claim. The 34-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 Leader (a) Borrowers rights to any insurance proceeds in an amount not to ercceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower' a rights (other than the right to any refuad 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. A1078421 tines.: ??AjPAI tosos? r+as• 7 of to Foam 3030 Vol EXHIBITA BK1968K2.57 11!0312008 11:12:11 AM CUMBERLAND COUNTY tnst.# 200636509 - Page 7 of 17 6. Occupancy. Borrower shall occupy, establish, sad use the property as Borrower`s principal residence within 60 days after the execution of this Security Instrument and shall continua to occupy the Property as Borrower's principal residence for at least one year after the date of oay, unless Lender otherwise agrees is writing, which Consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservatloa, MAntenana and Protecdon of the Property,. maps deft 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 is order to prevent the Property from deteriorating or decreasing in value due to its condition. Uniew 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 conncction with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Leader may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condernuation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower`a 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 mWovemnts on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such seasonable caum 8. Urrower's Loan Application. Borrower shall be in default it; during the Loan application process, Borrower or any persona or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false„ misleading, or inaccurate information or status to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, repreamtationa Concerning Borrower's OCClrpaaCy of the Property as Borrower' a principal residence. 9. Protection of Leader's Interest in the Property and Bl flits under this Security hu t naamt. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that aright sigawcantdy affect Leader' a 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 Leader may do and pay for whatever is reasonable or appropriate to protect Linda, s interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and secunnS and/or MMumg the Property. Lender a actions can include, but are not limited to: (a) paying any Pan 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 Instruct, 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 wmidows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Leader incurs no liability for not taking any or all actions authorized under this Section 9. A1078421 WIEW 4R-OA(PA) (ones) P"e a of is Form 3030 1101 89:1968PG2572 11 WOMB 11'17.11 AM CUMBERLAND COUNTY InstA 200636509 - Pape 8 of 17 Any amounts disbursed by Lender under this Section 9 shall became additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate fran the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment: If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10, Mortgage Insurance. If Lender required Mortgage Insurance as a condition of malting the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in affect. 14 for any reason, the Mortgage Insurance coverage required by [,ender 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. sub8taatially equivalent to the Mortgage Insurance previously in effect, at a coat substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Leader. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Leader the amount of the separately deaigoated payments that were due when the insurance coverage ceased to be in effect. Lender will acoept, 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 flill, and Larder shall not be required to pay Borrower any interest or earnings on such lose 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 Lander again becomes available, is obtained, and Leader requires separately designated payments toward the premiums for Mortgage Insurance. If Leader required Mortgage Insurana.as a condition of making the Loan and Borrower was payments, toward the premiums for Mortgage Insurance, Borrow wed to pay the make premiums aratela y required d to maintain Mortgage Insurance in effect, or to nd to requirement for Proms a teen-refundable lea reserve, until Leader s Lender Mortgage h sunmce ands in accordance with any written agreement between Borrower and prP ding for such termination or until termination a required by Applicable Law. Nothing in this Section 117" affects Borrower s obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lauder (or any entity that purchases the Note) for certain 106800 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. Then agreements are on terhis and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to of funds that agreements. mortgage agreements ents may require the mortgage insurer to make payments wing any source gab may have available (which may include finds obtained fiom Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinswer, any other entity, or any affiliate of any of the 6regoing, may receive (directly or indirectly) amounts that derive from (or might be characterized ae) 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 provider that on affiliate of Lender takes a share of the insuree s risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed " ve reinsurance." Further: (a) Any such agreements will not affect the anoaats Ott Borrower has Mortgage Insurance, or agreed pay for Borrowerwill owe for Morrtt`agother terms e Insurance, the ?? wll not entitle Bo?will nto en? amount A1078421 4WA(PA) (oaop PNPrrtwr 9 or t a Form 3039 1101 9?68PG25:73 A 11103/2008 11:12:11 AM CUMBERLAND COUNTY Instl 200636509 -Page 9 of 17 (b) Any such agreements will not affect the rights Borrower has - U any . with respect to the MortPge Insurance under the Homeownen PrObcdon Act of 1998 or any other law. Thee rights may include the right to receive certain disdosurn, to ngaet and obWa cancellation of the Mortgage lnsurance, to have the Mortgage bnftnoe terminated a"Onadcally, and/or to receive a refund of any Mortgage Lrsumuce prazinms that wane unearned at the time of such exacelkdon or termlaation. 11. Aulgnment of Miscellaneous Proceeds; Forfdture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property a damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically Enable and Leader's security is not lessened. During such repair and restoration period, Linda shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender'a satisfaction, provided that such inspection shall be undertaken proWdy. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments ai the work a completed. Unless an agreement is made in writing or Applicable Law requires intern* to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Leader's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums soured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Inthp event of a partial taking, destruction, or logs 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 arms secured by this Security Instrument immediately before the partial Wang, destruction, or loss in value, unless Borrower and Leada 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 elan be paid to Borrower. In the event of a partial taking, destruction, or lea in value of the Property in which the fair market value of the Property immediately before the partial taking, destructiom, 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 Linda to Borrower that the Opposing Party (as defined in the neat senteaeo) of as to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized t0 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 Leudee, interest in'the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be A1078421 tq-aA(PA) (0oos) xs+w•: wv. +o d +a Fpm 3039 1101 8K t 968PG2574. 11/03/2008 11:12:11 AM CUMBERLAND COUNTY Instl 200636509 -Page 10 of 17 dismissed with a ruling that, in Leader's judgment, procludea forfeiture of the property or other material impanmmt 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,a interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not %kaad; Forbearance By Lender Not a Walvw. Extension of the time for payment or modification of amortization of the sums secured by this Security InsWument 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 OOMMO ee proceedings against any Stiucceissor in Interest of Borrower or to refuse to extend time for payment or ot>racwiw modify amortization of the sums secured by this Security Iasi umeat by reason of any deemed made by the original Borrower or any Successors in Interest of Borrower. Any forbarmoe by Lender in exercising any right or remedy including, without limitation, Lender, s acceptance of payments fiom 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-dgnew, Succeaors and Asdgaa Boras, Borrows. covenants and agrees that Borrower's obligations and liability BW be joint and several. However, any Borrower who co-sigas this Security Instrument but does not execute the NOW (a "co-rig ee). (a) is co.ggaing this Security Instrument only to mortgage, gent and convey the co-signer's interest in the property under the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Inatnunent; and (c) agrees that Leader and any other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terms of this Security Instrument or die Note without the co-signer` k consent. Subjact to the provisions of Section 18, any S=Mor in Interest of Borrower who assumes Borrower' a obligations under this Security Instrument in writing, and is approved by Lender, sball obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from Borrower' a obligations and liability under this Security Instrument unlesa Lender agree to such release in writing. 'Me covenants and agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the sti cceaon and assigns of Lender. 14. L'oaa C4auges. Lender may charge Borrower foes for services performed in connection with Borrower's default, for the purpose of protecting Leader's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, Property inspection and valuation fecs. In regard to any other fees, the absence of exprea 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. Leader may not charge fees that ar6 expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maxim, 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 aaxswy to reduce the charge to the permitted limit; and (b) any sums already collected team Borrower which exceeded permitted limits will be rehaded to Borrower . Leader may choose to make this reftutd by reducing the priacqW owed undo 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 PMPAYmeni 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. Nodes. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to A1o7as23. 4R'°MPAlro:a°' F&.,, d,6 Foam 3039 trot 8K ! 968PG2575 11103/2008 11:12:11 AM CUMBERLAND COUNTY inst.# 200636509 - Page 11 of 17 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Loader. Borrower shall promptly notify Lender of Borrower's change of address. If Leader specifies a procedure for reporting Borrower's change of address, than 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 my one time. Any notice to Lender shall be given by delivering it or by mailing it by first elm mail to Lender' a 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 Lander until actually received by Lender. If any notice required by this Security Instu=mt is also required under Applicable Law, the, Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicabld Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Now 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 mesa and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borroowees Copy. Borrower shall be given one copy of the Note and of this Security Instrument 1g. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for decd, contract for deed, installment sales contract or escrow agreement, the intern of which is the transfer of title by Borrower at a future date to a purchaser. If ells or any part of the Property or my interest in the Property is sold or transferred (or if Borrower is not a mural person and a beneficial interest in Borrower la sold or transferred) without Leadeea 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, Loader may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower, 19. Borrower's Right to Reinstate After Aec deration. 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 Instrunicarand the Note as if no acceleration had occurred; (b) cures any default of any other covenants or A3.0764Z1 4q-§A(PA) tosasl Nu+a d w,: of ,e Faim saao trot 0"JIBIsp, B&I968PG26T6 11/03/2008 11:12:11 AM CUMBERLAND COUNTY Inst.# 200638509 Page 12 of 17 Agreements; (c) pays all expenses incurred in =&rcmg this Security Instrument, including. but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the soma tecared by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay anch rat sans and expenses in one or more of the following farms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided arty such check is drawn upon an institution whose deposits are insured by a federal agency, inshumeatality or entity; or (d) Electronic Funds Tramsfer. Upon reinstatement by Borrower, this Security Instrument and obligations secured hereby ahall remain fully effective as if no acceleration bad occurred. however, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servlcer; Notice of Grievamee, 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 "Loam Servicce) 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 Swvieer unrelated to a sale of the Note. If there is a chugs of the Loan Service', Borrower will be given written notice of the change which will state the name and address of the new Lon Servieer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and tbareafkr 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 tranafmred to a succe aor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note ptimrhasar. Neither Borrower nor Leader may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision 9& or any duty owed by reason of,''this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party ' hereto a reasonable period after the giving of such notice to take corrective action. If Applicable' Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunio 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 Substanees. As used in this Section 21: (a) "hazardous Substances" are those substances: defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction whom 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. #1076421 t%-OA(PA) loaoel Pe" 13 of 16 WNrr: Form 3029 1101 1:AnIBITA 81Ci 9?BP 2577 1110312008 11:12:11 AM CUMBERLAND COUNTY Inst.# 200636509 -Page 13 of 17 Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any hazardous Sttbetanoce, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything sffeotuag the Property (a) that is in violation of air EnvitottmeoW Law, (b) which creates an Environmental Conditioq or (e) which, due tb the presence, use, or release of a Hazardous Substance, creates a condition that adversely affts the value of the property. The two sentences shall not apply to the use, or storage on the property Of small quantities of Hazardous Substances that are y recognized to be appropriate to normal residential uses and to maintenance of the Property (ia . b; not limited to, hazardous substances is consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agaahcy or pr vats patty involvigg the Pmparty and any Hazardous Substance or Environmental Law of which h as actual knowledge (b) Environmental Condition, including but not limited to, any spilling, looking, discharge, relesro or direst any of release of any Hazardous Substance, and (c) any condition cmeed by the presence, use or [ekeone of a Hazardous Substance which adversely affects the value of the Property. If Borruwar learns, or is notified by any governmental or regulatory authority, or any private party, that any removal or other remedistion of any Hazardous Substance affecting the Property is necessary, Borrower shall prom take All necessary remedial actions in accordance with Environmental Law. Nothing herein shall any ligation Lender for an Environmental Ck muT. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and, agree as follows: 22. Acederatdon; Remedies. Lauder shall give notice to Bwmw er pprier to aeoderation following Borrower's breach of any covenant or agreesneat in Ibis Security Imstr w4t (but not prior to aceekndon under Section i8 unnises Law piavldK ), Leader Borrower' of, among other things; (a) the(b) the acWn regednd t0 cure the defastit;(c)>1whtify0en the default must be cured; and (d) that fabric to can the default as filed may result in acceleration of the rams secured by this Seeaus lty ItastrM=t, fir+aeiswre t y proceeding and sale of the Property. Lender shall further Isdfmm Bes my a of the right to rahs66 after accdmtion and the t to assert in the foredosare p the wa-existence of a default or any other defense of• rroWer to acceleration and fersdostra fI the default L not eared o gwUkd, Lesiaat its option. may require Immediate ppaayment in full of all sums secured by this Security Dent without further demand and may firecioae fhb Security ingbMu ant by judidsl shall be entitled to collect all expensing incurred in pursuing the remedies pro In ? Section 22, indudin&.-but not limited to, attorneys' few and costs of We evidence to the ezteat permitted by Applksblf Law. 23. Rd"um Upon payment of all sums sacred by this Security Instrument, this Security Instrument and the estate conveyed shall terminate sad bm=w void. After such oeeanrence, Linder shall discharge and satisfy this Security Instrument. Harrower shall pay any mordetion costs. Lander may charge Borrower a fee for releasing this Security Inarument, but only if the fee is paid to a third party for services rendered and tho charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any arm or defects in proceedings to enforce this Security Warumeat, and hereby waives the benefit of any present or future laws providing for stay of execution, extension of time, exemption iiom attachment, levy and sale, sad homestead exemption. 25. Rdnstetanent Period. Borrowar s time to reinstate provided in Section 19 shall extend to one h o f to the commencement of bidding at a sheriff s sale or other sale pursuant to this Security Instrument 26- Borrower r Money Mortgage. If any of the debt secured by this Security Instrument is lent to acquire title to the Property, this Security Instrument slat) be a purchsse 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 mongsge foreclosure shall be the rate payable from time to time under the Note. A1078421 autWr -aA(PA)1obos? esp. 14d I$ Faro 3039 1101 O-! 9 6 8:FG 2 5:7-8 11103/2008 11:12:11 AM CUMBERLAND COUNTY inst# 200636509 - Page 14 of 17 BY SIGNING BELOW, Borrower accepts and agrees to the tame and covenmu contained, in this Security Instrument and in any Rider executed by Borrower and recorded with it. Witnesses: eh+nrsy >P Lig 90frower _ (Seal) -Borrower (Seal) -Bormwer (Sed) -Borrower Ot-4A0A) msal p"s loci is A1078421 Fam13030 1101 HK J 968PG2579 11/0312008 11:12:11 AM CUMBERLAND COUNTY Inst.# 200636509 - Page 15 of 17 (Scat) -aonower _ (SCOT) (SW) -Borrower -Borroww (Sew) -Bon+owor COMMONWEALTH OF PENNSYLVANIA, County as: On this, the _ FIL- day of , before me, the undersigned officer, personally appeared $ p tuffatrd? known to we (or satisfactorily proven) to be the person(s) whose name(s) is/an subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: WNIAL SEAL ?14M CAM HI A. ?? I, the correctraddress of the within-named Mortgagee is P O. l Witness my hand this day of , do hereby certify that Flint, AG 48501-2026. Name ASeut of Mm #n A1078421 4ft4A(PA) (0508) rage 15 of 15 Wtk*: Q Form 3038 1101 +A µ i 7 f 19"t -5 6 8 PG 2580 1 unsr7nnR 11'1711 AM CUMBERLAND COUNTY Inst.# 200636508 - Page 16 of 17 SCHEDULE C Leta! Desc #Wm Commibnod Number. GROB-1279REP ALL THAT CERTAIN tract in the Township of Hampden, County of Cumberland, Commonwealth of Pennsylwanla, more particularly bounded and described as follows, to wit: BEGINNING at a point on the East side of Courdand Street, which point is 212 feet Westwardly and Southward) from the Southwesterly corner of Courdand Street and Hampden Avenue, said point being also at the division lines of Lots No. 160 and 161, thence South 73 degrees 12 mkxutas East along said division line eighty five and thirty-flour hundredths (85.34) feet to a point at the division lines of Lots No. 158 and 161; thence South 20 degrees 01 minute East along saki division lines sixty-four and twelve hundredths (64.12) feet to a pout at the division lines of Lots No. 161 and 162; thence South 69 degrees 55 minutes West along said division Ilse eighty- eight and nine hundredths (88.09) feet to a point on the Eastern side bf Courdand Sthwt; thence North 20 degrees 39 minutes West along the aforementioned Courtland Street fifty-one and V*44 ipht hundredths (51.38) feet to a point; thence continuing along Courdand Street In an arc to the right with a radius of one hundred five and seventy-eight hundredths (105.78) feet the arc distance of sixty-seven and thlrty-nine hundredths (67.39) feet to a point the Place of Beginning. IT BEING Lot No. 161 on General Plan of Section 2 and 3 Clearview Farms, which plan Is recorded in Plan Book 9, Page 6, Cumberland County. HAVING thereon erected a split-Ievel brick and flame dwelling house known as 4704 Cmxtand Street, T Certify this to be recorded In Cumberland County PA 11 Recorder of Deeds 1° .96 -ap6:Z- 6. j S T E WA R T WW1? , auwRwx'rr COMPAWT 1110312008 11:12:11 AM CUMBERLAND COUNTY inst.# 200636509 - Paqe 17 of 17 LEGAL DESCRIPTION ALL THAT CERTAIN tract in the Township of Hampden, County of Cumberland, Commonwealth of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the East side of Courtland Street, which point is 212 feet Westwardly and Southwardly from the Southwesterly corner of Courtland Street and Hampden Avenue, said point being also at the division lines of Lots No. 160 and 161, thence South 73 degrees 12 minutes East along said division line eighty five and thirty-four hundredths (85.34) feet to a point at the division lines of Lots No. 158 and 161; thence South 20 degrees 01 minute East along said division lines sixty-four and twelve hundredths (64.12) feet to a point at the division lines of Lots No. 161 and 162; thence South 69 degrees 55 minutes West along said division line eighty-eight and nine hundredths (88.09) feet to a point on the Eastern side of Courtland Street; thence North 20 degrees 39 minutes West along the aforementioned Courtland Street fifty-one and thirty-eight hundredths (51.38) feet to a point; thence continuing along Courtland Street in an arc to the right with a radius of one hundred five and seventy-eight hundredths (105.78) feet the arc distance of sixty-seven and thirty-nine hundredths (67.39) feet to a point the Place of Beginning. IT BEING Lot No. 161 on General Plan of Section 2 and 3 Clearview Farms, which plan is recorded in Plan Book 9, Page 6, Cumberland County. PARCEL NO. 10-21-0279-144 PROPERTY BEING: 4704 COURTLAND STREET File M 191057 VERIFICATION I hereby state that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside the jurisdiction of the Court and/or the verification could not be obtained within the time allowed for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P. 1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are based upon information supplied by Plaintiff and are true and correct to the best of my knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities. il?-? DATE: -1111 - a File #: 191057 \1 Q- V ~ 1 Lf\ r4 }y Co f «. Q ?-'{! Fri 'C7 F ?a a _y a SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06821 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS VS LIGARDE SHERRY P 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 LIGARDE SHERRY P but was unable to locate Her in his bailiwick. He therefore returns the COMPLAINT - MORT FORE , the within named DEFENDANT LIGARDE SHERRY P 4704 COURTLAND STREET NOT FOUND , as to CAMP HILL, PA 17011 PROPERTY IS VACANT. PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So answers: Docketing 18.00 ,---y Service 10.80 Affidavit .00 R. Thoma Kline Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 la???JD? V"43.80 PHELAN HALLINAN & SCHMIEG 12/02/2008 Sworn and Subscribed to before me this day of A. D. PHELAN HALLINAN & SCHMIEG, LLP LAWRENCE T. PHELAN, ESQ., Id. No. 32227 FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff vs. - - c DERRY P. LIGARDE _ Defendant(s) ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6821-CIVIL CUMBERLAND COUNTY CERTIFICATE OF SERVICE I hereby certify that a strue and correct copy of Plaintiff's Praecipe to attach Verification of Complaint was sent via first class mail to the following on the date listed below: SHERRY P. LIGARDE 4704 COURTLAND STREET CAMP HILL, PA 17011-4024 Date: 12/4/08 Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff By:1??A-- r Francis S. Hallinan, squire m PHELAN HALLINAN & SCHMIEG, LLP FRANCIS S. HALLINAN, ESQ., Id. No. 62695 ONE PENN CENTER PLAZA, SUITE 1400 PHILADELPHIA, PA 19103 (215) 563-7000 COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff VS. ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION NO. 08-6821-CIVIL CUMBERLAND COUNTY ..5#i FT1RY Iz:--LIGARDF Defendant(s) PRAECIPE TO SUBSTITUTE VERIFICATION TO CIVIL ACTION COMPLAINT IN MORTGAGE FORECLOSURE TO THE PROTHONOTARY: Kindly substitute the attached verification for the verification originally filed with the complaint in the instant matter. Phelan Hallinan & Schmieg, LLP Attorney for Plaintiff 07 J? By: ?'?" ilU 1ts1 Francis S. Hallinan, Esquire Date: 12/4/08 PHS #: 191057 A VERIFICATION OON"CLAF hereby states that he/she is ABWTAW VICE PREMENT of COUNTRYWIDE HOME LOANS SERVICING, LP, servicing agent for Plaintiff, COUNTRYWIDE HOME LOANS SERVICING, LP, in this matter, that he/she is authorized to take this Verification, and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authoritie Name: Donald Clark, Asst. Vice President DATE: NOV ,2 8 708 Title: Company: COUNTRYWIDE HOME LOANS SERVICING, LP File #: 191057 "I ,F. s,. r.J -`Y ' ? sr. i Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 @fedphe.com Attorney for Plaintiff Countrywide Home Loans Court of Common Pleas Servicing, LP Civil Division vs. Cumberland County Sherry P. Ligarde No. 08-6821-Civil MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Phelan Hallinan & Schmieg, LLP, moves this Honorable Court for an Order directing service of the Complaint and all future pleadings upon the above-captioned Defendant, Sherry P. Ligarde, by first class mail and certified mail to the Defendant's last known address, HC 81 Box Apt, 636, Questa, NM 87556 and mortgaged premises, 4704 Courtland Street, Camp Hill, PA 17011, posting of the mortgaged premises, 4704 Courtland Street, Camp Hill, PA 17011, and publication pursuant to Pa. R.C.P. 430, and in support thereof avers as follows: 1. Attempts to serve Defendant, Sherry P. Ligarde, personally with the Complaint have been unsuccessful. The Sheriff of Cumberland County attempted to serve the Defendant at the mortgaged premises, 4704 Courtland Street, Camp Hill, PA 17011. As indicated by the Sheriffs Return of Service attached hereto as Exhibit "A", no service was made on the Defendant. The property is vacant. 3 2. The Plaintiff also attempted to serve the Defendant at 5125 Overlook Lane, Canandaigua, NY 14424. As indicated by the Affidavit of service attached hereto as Exhibit "B", no service was made on the Defendant as this is the daughter's residence. 3. The Plaintiff also attempted to serve the Defendant at HC 81 Box Apt. 636, Questa, NM 87556. As indicated by the Affidavit of Service attached hereto as Exhibit "C", no service was made on the Defendant as this is a roadside mailbox. 4. Pursuant to Pa. R.C.P. 430, Plaintiff has made a good faith effort to locate the Defendant. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results is attached hereto as Exhibit "D". 5. Plaintiff contacted the Prothontary's Office and as of February 18, 2009, no Judge has previously entered a ruling in this case. 6. In accordance with Cumberland County Local Rule 208.3(9), Plaintiff sent a copy of its Proposed Motion for Special Service and Order to the Defendant on January 26, 2009 and requested Defendant's concurrence. Plaintiff did not receive any written response from the Defendant. A true and correct copy of Plaintiff's letter and postmarked certificate of mailing pursuant to Local Rule 208.3(9) attached hereto, made part hereof, and marked Exhibit "E". 7. Plaintiff has reviewed its internal records and has not been contacted by the Defendant as of February 18, 2009 to bring loan current. 8. Plaintiff submits that it has made a good faith effort to locate the Defendant, Sherry P. Ligarde, but has been unable to do so. 4 WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the premises and by publication. Respectfully submitted, Phelan Hallinan & Schmieg, LLP By: quVde Daniel G. Schmieg, &a Attorneys for Plaintiff February 18, 2009 5 Phelan Hallinan & Schmieg LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 @fedphe.com Attorney for Plaintiff Countrywide Home Loans Court of Common Pleas Servicing, LP Civil Division VS. Cumberland County Sherry P. Ligarde No. 08-6821-Civil MEMORANDUM OF LAW Pa. R.C.P. 430 specifically provides: (a) If service cannot be made under the applicable rule, the plaintiff may move the Court for a special order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note: A Sheriffs return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (1976). "Notice of intended adoption mailed to last known address requires a good faith effort to discover the correct address." Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (1976). An illustration of good faith effort to locate the defendant includes (1) inquires of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. 6 (b) (1) If service of process by publication has been authorized by rule of civil procedure or order of court, the publication shall be by advertising a notice of the action once in the legal publication, if any, designated by the court for the publication of legal notices and in one newspaper of general circulation within the county. The publication shall contain the caption of the action and the names of the parties, state the nature of the action and conclude with a notice. (b) (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. As indicated by the attached Sheriffs Return of Service, marked hereto as Exhibit "A", "B" and "C" the Sheriff has been unable to serve the Complaint. A good faith effort to discover the whereabouts of the Defendant has been made as evidenced by the attached Affidavit of Reasonable Investigation, marked Exhibit "D". WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pa. R.C.P. 430 directing service of the Complaint by first class mail, certified mail, by posting of the mortgaged premises and by publication pursuant to Pa. R.C.P. 430. Respectfully submitted, Ph allinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney for Plaintiff Date: February 18, 2009 7 SHERIFF'S RETURN - NOT FOUND CASE NO: 2008-06821 P COMMONTWFAL'%l OF PENNSYLVANIA COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS VS LIGARDE SHERRY P 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 LIGARDE SHERRY P but was unable to locate Her in his bailiwick. He therefore returns the /9/ AKT)T T TTTT AAnnT 11nnV the within named DEFENDANT LIGARDE SHERRY P 4704 COURTLAND STREET NOT FOUND , as to CAMP HILL, PA 17011 PROPERTY IS VACANT. PER POST OFFICE, DEFENDANT MOVED AND LEFT NO FORWARDING ADDRESS. Sheriff's Costs: So answers: Docketing 18.00 .-- Service 10.80 Affidavit .00 R. Thomas Kline Surcharge 10.00 Sheriff of Cumberland County Not Found 5.00 43.80 PHELAN HALLINAN & SCHMIEG 12/02/2008 Sworn and Subscribed to before me this day of , A. D. IYU4, Lv, Lvvd Iv:)4rIV! No, 33hG P. 1 ? Ord OFFICE OF THE SHERIFF One Courthouse square Carisle, Pennsylvania 17013 R. THOMAS KLINE shoriff EDWARD L. ,SCHOFepp Solicitor BONNY R. ANDEMON Chief Deputy JODY & SMITH Real Betets Owgeant To. p tevaster J/ GJ V I l Ageney Co No. C.W - Date: Address Information Requat please f n'nish this agency with ilia new address, if available, for the folly the address sivon below isona at which mail 'A8 individual or verify whether following adchtss is a post office for his individual is outrently being deIivctend, ,?? application box, Please fhrnish the street address as recorded on the box holder's Na=: r rs Last Known Address. I cer* the address inft=tian for this individual is required for the Aeff ormanoe of this agenc?+'s of$ciai (Signature Ag ey III) (Title) For Post Offfee Use Only () Mail is delivered to address given. () Not Known at Addms Given t J Left No Forwarding Address () NO such address Other (specify) AMcy Rattu:t A s New Address Box holders' Street Address -- x PosittwlefDaTo Stamp Please fvz results to the Cumberland County Sheri#'t's Office. Number (717) 240• Address Information Request (Required format) Exhibit 352.44b 0..?vft' 7 .? w ? ? 1.r - tom: (? ` ? l• it ?` a r fAJ W11- PLAINTIFF COUNTRYWIDE HOME LOANS SERVICING, LP DEFENDANT SHERRY P. LIGARDE SERVE SHERRY P. LIGARDE AT: 5125 OVERLOOK LANE CANANDAIGUA, NY 14424 PHS # 191057 TEAM4J lrtm COURT TERM: COURT NO.: 09.6821-CIVIL TYPE OF ACTION XX Mortgage Foredosure XX Civil Action Served and made tmown to -• Defendant on the _ day of . 200 at , o'clock _. M., at , in the manner described below: _ Defendant personally served. _ Adult family member with whom Defendant(s) reside(s)- Relationship is Adult in charge of Defendant's residence who n AMW to give name or relationship. - Manage/Clerk of place of lodging in which Defendant(s) reside(s). _ Agent or person in charge of Defendant's office or usual place of business. an officer of said Defendanes company. Other. Description: Age Height Weight Race Sea Other 1, a competent adult, being duly sworn according to law, depgse and state that I personally handed a true and correct copy of the Foreclosure CpMV1&t in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of .200 Notary: By: NOT SERVED On the -2e day of 'D6eFala R ?R , 200, at 3!00 o'clock f . M., Defendant NOT FOUND because: Moved _ Bad Address . No Answer _ Vacant Other. 5.4. 15 RP-61 VBNC E o f a£FfWDA-M'S 1DAUtG+? ea W" 5 ATS-'o ?'"-r MS. 06-,*A£ 1Z F-S II>F_S ( t ANS'P FGIfII-b A-o0R& 5 s ) IN NP- W MVXIc0 Sworn m and suJ bed before me this day ?f Z'v of lXccbn de:R ?• By: Nota? TH ODORE J. HARRIS NOTARY PUBLIC STATE OF NEW JERSEY MY COMMISSION EXPIRES 10/25/2012 AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND COUNTY 11 (3i3 PLAINTIFF COUNTRYWIDE HOME LOANS SERVICING, LP DEFENDANT SHERRY P. LIGARDE SERVE SHERRY P. LIGARDE AT: HC 81 BOX 636 QUESTA, NM 87556-9706 PHS # 191057 TEAM4/ lnm COURT TERM: COURT NO.: 08-6821-CIVIL TYPE OF ACTION XX Mortgage Foreclosure XX Civil Action SERVED Served and made known to , Defendant on the _ day of , 200 _, at , o'clock _. M., at , in the manner described below: - Defendant personally served. - Adult family member with whom Defendant(s) reside(s). Relationship is - Adult in charge of Defendant's residence who refused to give name or relationship. - Manager/Clerk of place of lodging in which Defendant(s) reside(s). - Agent or person in charge of Defendant's office or usual place of business. - an officer of said Defendant's company. Other: Description: Age Height Weight Race Sex Other I, ? V A&A L , a competent adult, being duly sworn according to law, depose and state that I personally handed a true and correct copy of the Foreclosure Complaint in the manner as set forth herein, issued in the captioned case on the date and at the address indicated above. Sworn to and subscribed before me this day of , 200_. Notary: By: NOT SERVED at I I o'clock l4. M., Defendant NOT FOUND On the 23 day of DK-cM.hv 200-k? because: Moved Bad Address No Answer Vacant Other: his i5 A 5id, qtr, I on ly Sworn to and subscribed before me this 23 day of , 200 By: ?. Notary: ATTORNEY FOR PL DANIEL G. SUM IPA , RE 2 ` _ Z IJ).#62205 One Penn Center at Suburban Station 1617 John F. Kennedy Blvd., Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 AFFIDAVIT OF SERVICE (FHLMC) CUMBERLAND COUNTY ?- IZby3 FULL SPECTRUM SERVICES, INC. AFFIDAVIT OF GOOD FAITH INVESTIGATION File Number: 191057 Attorney Firm: Phelan, Hallinan & Schmieg, LLP Subject: Sherry P. Ligarde Property Address: 4704 Courtland Street, Camp Hill, PA 17011 Possible Mailing Address: 5125 Overlook Lane, Canandaigua, NY 14424 I, Brendan Booth, being duly sworn according to law, do hereby depose and state as follows, I have conducted an investigation into the whereabouts of the above-noted individual(s) and have discovered the following: I. CREDIT INFORMATION A. SOCIAL SECURITY NUMBER Our search verified the following information to be true and correct Sherry P. Ligarde - xxx-xx-7588 B. EMPLOYMENT SEARCH Sherry P. Ligarde - A review of the credit reporting agencies provided no employment information. C. INQUIRY OF CREDITORS Our inquiry of creditors indicated that Sherry P. Ligarde reside(s) at: HC 81 Box, Apartment 636, Questa, NM 87556. II.INQUIRY OF TELEPHONE COMPANY A. DIRECTORY ASSISTANCE SEARCH Our office contacted directory assistance, which had no listing for Sherry P. Ligarde, however did provide a listing for M. McConchie at: 4704 Courtland Street, Camp Hill, PA 17011. On 10- 30-08 our office made several telephone calls to the phone number (717) 763-0307 and received the following information: answering machine. B. On 10-30-08 our office made a telephone call to the phone number (505) 770-2833 and received the following information: disconnected. On 10-30-08 our office made a telephone call to the phone number (505) 586-9973 and received the following information: disconnected. On 10- 30-08 our office made a telephone call to the phone number (585) 905-0611 and received the following information: wrong number. III. INQUIRY OF NEIGHBORS On 10-30-08 our office made a phone call in an attempt to contact Michael Frankowski (717) 763-7587,4703 Courtland Street, Camp Hill, PA 17011: spoke with an unidentified male who could not confirm that the subject reside(s) at 4704 Courtland Street, Camp Hill, PA 17011. On 10-30-08 our office made several phone calls in an attempt to contact Dominick G. Puliti (717) 761-2656,4705 Courtland Street, Camp Hill, PA 17011: answering machine. On 10-30-08 our office made several phone calls in an attempt to contact Shelly L. Hostetter (717) 975-0203,4706 Courtland Street, Camp Hill, PA 17011: answering machine. On 10-30-08 our office made several phone calls in an attempt to contact Jeffrey R. Bodine (585) 393-9519, 5124 Overlook Lane, Canandaigua, NY 14424: answering machine. On 10-30-08 our office made several phone calls in an attempt to contact Raveeindran Thangavel (585) 394-7814, 5126 Overlook Lane, Canandaigua, NY 14424: answering machine. On 10-30-08 our office made a phone call in an attempt to contact Laurie A. Schaefer (585) 396- 2161, 5127 Overlook Lane, Canandaigua, NY 14424: disconnected. IV. ADDRESS INQUIRY A. NATIONAL ADDRESS UPDATE On 10-30-08 we reviewed the National Address database and found the following information: Sherry P. Ligarde - 5125 Overlook Lane, Canandaigua, NY 14424. B. ADDITIONAL ACTIVE MAILING ADDRESSES Per our inquiry of creditors, the following is a possible mailing address: 5125 Overlook Lane, Canandaigua, NY 14424. V. DRIVERS LICENSE INFORMATION A. MOTOR VEHICLE & DMV OFFICE Per the PA Department of Motor Vehicles, we were unable to obtain address information on Sherry P. Ligarde. VI. OTHER INQUIRIES A. DEATH RECORDS As of 10-30-08 Vital Records and all public databases have no death record on file for Sherry P. Ligarde. B. COUNTY VOTER REGISTRATION The county voter registration was unable to confirm a registration for Sherry P. Ligarde residing at: last registered address. VII. ADDITIONAL INFORMATION OF SUBJECT A. DATE OF BIRTH Sherry P. Ligarde - 05-21-1948 B. A.K.A. Sherry Ligardeulstad; Sherry Ulstad Ligarde * Our accessible databases have been checked and cross-referenced for the above named individual(s). * Please be advised our database information indicates the subject resides at the current address. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing states made by me are willfully false, I am subject to punishment. I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this affidavit of investigation is made subject to the penalties of 18 Pa C.S. Sec. 4904 relating to unsworn falsification to authorities. AF ANT - Brendan Booth Full Spectrum Services, Inc. _ i SAL Sworn to and subscribed before me this 30`s day of October, 2008. The above information is obtained from available public records and we are only liable for the cost of the affidavit. IND i A , M 5t;:MN .lei !! iliA,iA w PHELAN HALLINAN & SCHMIEG, L.L.P. Suite 1400 One Penn Center Plaza at Suburban Station Philadelphia, PA 19103 215-563-7000 Main Fax: 215-563-7009 E-mail @fedphe.com Lauren Matter, 1399 Service Department Representing Lenders in Pennsylvania and New Jersey January 26, 2009 Sherry P. Ligarde 4704 Courtland Street Camp Hill, PA 17011 HC 81 Box Apt, 636 Questa, NM 87556 RE: Countrywide Home Loans Servicing, LP vs. Sherry P. Ligarde Premises Address: 4704 Courtland Street, Camp Hill, PA 17011 Cumberland County, No. 08-6821-Civil Dear Defendant, Enclosed please find a true and correct copy of my proposed Motion for Special Service and Order. In accordance with Cumberland County Local Rule 20813(9), I am seeking concurrence with th requested relief that is, Special Service. Please respond to me within one week, by 0 Should you have any further questions or concerns, please do not hesitate to contact me. Otherwise, please be guided accordingly. Very t y yours, Lauren Matter For Daniel G. Schmieg, Esquire 10 3y? viola A p3?4Q . ?y y 0 Q x ai U a? rrY^ Vl b C? O O a a 0 0 1 b N Ou b vJ A y J w O ? O M b4 v? yw?'00 y ? a 44 V-4 z M ? 00 oz m 0 xC v E Z iE •x' iF iF ar • O h b e ? o"i y a ? o - U „ N ? E o Nw ° e? EvoE? 2 4 C> S w ? 7 O U ?' pp Q V N O N U c ?"" N N O L y O. E o a'•? o p o 0o au o y 'a ??tcxl `nw 0 a=°i-5° o E iia-?0 a `??A C? ° V C W N H o'c 200+ .? c C4 y y ." Eva C?1 Ly z'?ac,?'?rn d ? U U T? coC E A d .Uy+ y W ° ? ca a°w Q b bD a N? d a a0 o c y ?a W z a Ha b N W T O ? L E . . N Z - o a ri ri VERIFICATION Daniel G. Schmieg, Esquire, hereby states that he is the Attorney for the Plaintiff in this action, that he is authorized to make this Affidavit, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of his knowledge, information and belief. The undersigned understands that the statements made are subject to the penalties of 18 Pa.C.S. §4904 relating to unsworn falsification to authorities. Respectfully submitted, Ph linan & Schmieg LP C By: Daniel G. chmieg, Esquire Attorney for Plaintiff February 18, 2009 8 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esq., Id. No. 62205 One Penn Center at Suburban Station 1617 John F. Kennedy Boulevard Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 @fedphe.com Attorney for Plaintiff Countrywide Home Loans Court of Common Pleas Servicing, LP Civil Division VS. Cumberland County No. 08-6821-Civil Sherry P. Ligarde CERTIFICATION OF SERVICE I hereby certify that a copy of the Motion for Service Pursuant to Special Order of Court, Memorandum of Law, proposed Order and attached exhibits have been sent to the individua as indicated below by first class mail, postage prepaid, on the date listed below. Sherry P. Ligarde: 4704 Courtland Street Camp Hill, PA 17011 HC 81 Box Apt. 636 Questa, NM 87556 The undersigned understands that this statement is made subject to the penalties of 18 PA C.S. 4904 relating to un-sworn falsification to authorities. Respectfully submitted, Date: February 18, 2009 Phelan Hallinan & Schmieg, LLP By: Daniel G. Schmieg, Esquire Attorney for Plaintiff 9 Fz Phelan Hallinan & Schmieg, LLP Lawrence T. Phelan, Esq., Id. No. 32227 Francis S. Hallinan, Esq., Id. No. 62695 1617 JFK Boulevard, Suite 1400 One Penn Center Plaza Philadelphia, PA 19103 9 15-561-7000 COUNTRYWIDE HOME LOANS SERVICING, LP Plaintiff VS. SHERRY P. LIGARDE Defendants TO THE PROTHONOTARY: ATTORNEY FOR PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY No. 08-6821-CIVIL Kindly reinstate the Civil Action in Mortgage Foreclosure with reference to the above captioned matter. AN & SCHMIEG, LLP By: FranHallinan, Esquire Lawrence. Phelan, Esquire Daniel G. Schmieg, Esquire Attorneys for Plaintiff Date: March , 2009 /lnm, Svc Dept. File# 191057 ? ® ??; -.._ ? $ o? ? '? ? ? . IN THE COURT OF COMMON PLEAS CUMBERLAND COUNTY, PENNSYLVANIA Countrywide Home Loans Servicing, LP VS. Sherry P. Ligarde Civil Division No. 08-6821-Civil ORDER AND NOW, this 1, R day of N ,,-L, , 2009, upon consideration of Plaintiff s Motion for Service Pursuant to Special Order of Court, it is hereby ORDERED and DECREED that said Motion is GRANTED. It is further ORDERED and DECREED that Plaintiff may obtain service of the Complaint and all future pleadings on Defendant, Sherry P. Ligarde, by: 1. Posting of the premises: 4704 Courtland Street, Camp Hill, PA 17011. 2. First class mail to Sherry P. Ligarde at the last known address, HC 81 Box Apt, 636, Questa, NM 87556, and the mortgaged premises located at 4704 Courtland Street, Camp Hill, PA 17011; and 3. Certified mail to Sherry P. Ligarde at the last known address, HC 81 Box Apt, 636, Questa, NM 87556 and the mortgaged premises located at 4704 Courtland Street, Camp Hill, PA 17011; and 4. Publication in accordance with PA. R.C.P. 430> orl cc L,; 1? c C..., u I t„J?J ?aIA?A?? ?cY ?7CC_ l^! Z. L!LP > Cs p CfjG?L? C.l('C 1 BY THE COURT: Cc: Sherry P. Ligarde 4704 Courtland Street Camp Hill, PA 17011 Sherry P. Ligarde HC 81 Box Apt, 636, Questa, NM 87556 191057 2 J r N y (C ?r+ O V `A M