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Home My WebLink About08-7103 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 Countrywide Home Loans Servicing, L.P. 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 v. Nathanael J Noss 408 Bosler Ave Lemoyne, Pennsylvania 17043 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number p$ - 1103 (21 v11 -Fe-r1A CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that 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 provisiones 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 Plaintiff is Countrywide Home Loans Servicing, L.P., a corporation duly organized and doing business at the above captioned address. The Defendant is Nathanael J Noss, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 408 Bosler Ave, Lemoyne, Pennsylvania 17043. On April 10, 2006, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to MERS, Inc. as Nominee for Universal Savings Bank, F.A. which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1933, Page 4260. The aforesaid mortgage was thereafter assigned by MERS, Inc. as Nominee for Universal Savings Bank, F.A. to Countrywide Home Loans Servicing, L.P., by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 408 Bosler Avenue, Lemoyne, Pennsylvania 17043. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due May 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 November 26, 2008 (Plus $18.21 per diem thereafter) Attorney's Fee Late Charges Corporate Advance Escrow Advance 92,017.68 4,370.83 $ 1,300.00 $ 222.60 $ 38.50 $ 1,242.55 GRAND TOTAL $ 99,192.16 i 8. 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 $99,192.16, together with interest at the rate of $18.21 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: Attorneys for Plaintiff 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: Ik? (,/It r '/ / Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE s ' ? G W6)3 1 1 This Instrument Prepared By: ' UNIVERSAL SAVINGS BANK, F.A. 1401 S. BRENTWOOD BLVD., #660 BRENTWOOD MO 63144 (314)918-x1555 After Recording Return To: UNIVERSAL SAVINGS BANK FA. 2510 WEST DUNLAP AVENU, HE. #200 PHOENIX, ARIZONA 85021 Loan Number: 43052963 Uniform Parcel Identifier Number: 12 210 2 65 2 4 9 Property Address: 408 BOSLER AVE LEMOYNE, PENNSYLVANIA 17043 Gw - //L7 J 1.?15,I`9 j- 11 i. C.vv•> S 01EC 9 Pfd 2 08 III i Une For Recording Data] 610 t pp 001 001 2fG4GE MIN:100040300430529_63_6_'_'__ DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined In Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided In Section 16. (A) "Security Instrument" means this document, which is dated NOVEMBER 28, 2005 , together with all Riders to this document. (B) "Borrower" is NATHANAEL J. NOSS, AN UNMARRIED PERSON Borrower is the mortgagor under this Security Instrument. (C) "MGRS" is Mortgage Electronic ReglstraNon Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERE 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) 678-MERS. (D) "Lender" Is UNIVERSAL SAVINGS BANK, F. A. Lender Is a FEDERAL SAVINGS BANK organized Borrower Wilals r ZAJ PENNSYLVANIA-Single Family DocMeg1ce Fannie Mae/FreMe Mac UNIFORM INSTRUMENT - MERS N Form 3038 01101 Pagel of 15 Pa803 MM.Lum gK 19 3 3 ?G L,.2 6 0 E? hbtA and existing under the laws of UNITED STATES Lender's address is 754 N. 4TH STREET, MILWAUKEE, WISCONSIN 53203 (E) "Note" means the promissory note signed by Borrower and dated NOVEMBER 28, 2005 The Note states that Borrower owes Lender NINETY-FOUR THOUSAND FOUR HUNDRED EIGHT AND 00/100 Dollars (U.S. $ 94, 4 08.00 ) plus interest. Borrower has promised to pay this debt In regular Periodic Payments and to pay the debt in fail not later than DECEMBER 1, 2035 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (0) "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 (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable 11nai, non-appealable judicial opinions. (n "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 fonds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but Is not limited to, point-of-sale transfers, automated teller 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) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceed paid under the coverages described in Section 5) for: (1) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (tit) 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 0) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RRBSPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regul4tion X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, Borrower Initials: ov_w amAyy DoeMaglc 80"seaaaez 1NIFORM INSTRUMENT - MERS www.docmaglacom Page 2 of 16 raann.W=Ztem BK 19 3 3 PG 4 2 6 I "RESPA" refers to all requirements and restrictions that are imposed In regard to a "federally related mortgage loan" even N 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 and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (1) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (11) the performance of Borrower's covenants and agreements under this Security Instintment and the Note. For this purpose, Borrower does-hereby mortgage, grant and convey to MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS the following described property located in the COUNTY of CUMBERLAND [Ty+pa of Recoidiag Jurlocuoal [Naar of PAcordiog Jwisdidtonl SEE LEGAL DESCRIPTION ATTACHED HERETO AND MADE A PART HMWF AS EXHIBIT W. A.P.N. #: 12210265249 which currently has the address of 4 0 8 BOSLER AVE ]street] LEMOYNE , Pennsylvania 17043 ("PropeftYAddress"): Icily] [np CON TOGETHER V= 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 MERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the 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 covenantswith limited variations by jurisdiction to constitute a uniform security instrument covering real property. Borrower Initials: aA PENNSYLVANIA-Single Family Doemagice atmm 600.649-1362 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MFRS www.docmW1accm Form 3039 01/01 Page 3 of 16 A3a38.m?.?.vm RK i g33PG4262 UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment ofPrincipal, Interest, Escrowitems, Prepayment Charges, and Late Charges. Borrowershall 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 Leader as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made In one or more of the following forms, as selected by Lender: (a) cash; (b) money order, (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note our 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 partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insuf iclent 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 unappited funds until Borrower makes payment to bring the Loan curTeot. U 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 Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment In the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding. Lender may apply any payment received from Borrower to the repayment of the Periodic Payments ff. 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 Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a Lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, If any, (c) premiums for any and all bmwduce required by Leader under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by Borrower Borrower Initials: INSTRUMENT - MERS Page 4 of 16 k < 19 33 M 4263 P% W'8.=W*1em 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 Leader 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 any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall. estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, If Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can We in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess fimds in accordance with RESPA. If there Is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held In escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but In no more than 12 monthly payments. Upon payment in fall of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges, Liens. Borrower shall pay all taxes. assessments, charges, flues, 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 hddal3: Al-'Y_ Fannie Mae/Frafte Mac UNIFORM INSTRUMENT - MFRS Form 3039 01/01 Page 5 of 16 dM%WMW 8004W IW2 www.dbwW1v.com P.M°.U=AA= SK 1 9 3 3 PG 4 2 6 4 Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien In, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the Hen 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 Hen which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on wbich that notice Is given, Borrower shall satisfy the Hen 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 f1m 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 terrier providing the insuranceshall 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 migbt affect such determination or certification. Borrower shall also be responsible for the payment of any fees Imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination rewriting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the 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 5 shall become additional debt of Borrower secured by this Security instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. Ail insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If 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 loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree In writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, ff the restoration or repair Is economically feasible and Lender's security Is not lessened. Borrower Fnitiais: A)?Nkj_ INSTRUMENT - MFRS Page 6 of 16 800.649-1982 www.dovmq#o.com YaW9.mm.9.um 8K 1 g 3 3 PG 4 2 6 5 During such repair and restoration period, Lender shall have the right to hold such iusmance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or In a series of progress payments as the work Is completed. Unless an agreement Is made In writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any Interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair Is not economically feasible or Leader'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 Lender 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) Borrower's rights to any Insurance proceeds In an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the Insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property, Inspections. Borrower shall not destroy, damage or Impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it h determined pursuant to Section S that repair or restoration Is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid finther 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 suil3cient to repair or restore the Property, Borrower Is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be In default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate Information or statements to Lender (or failed to provide Leader with material information) in connection with the Loan. Material representations Include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. Borrower inidals:lr/ FanNe Mae/hiddie rJec UNIFbRM INSTRUMENT - MFRS - www.dowMic.com Form 3039 01/01 Page 7 of 16 ?9.?7.'= BK 1933PG4266 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there Is a legal proceeding that mightsigailicantly affect Lender's interestin the Property and/orrights 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 r%bb 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, bat 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, drain water from to, ? eliminate buUdinf make repairs, age locks, replace or board up d pipes, g or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. 10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect. from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available. Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be nor-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 requited 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 requitement 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. Borrower Initials: M INSTRUMENT - MFRS Page 8 of 16 ODUMM W"49.1302 saww.docmag/acom ft=9.xM8A= BIJ 19 3 3 PG 4 2 6 7 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, any reinsures, 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 such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of anyMortgage Insurance premiums that were unearned at the time of such cancellation or termination. 11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration Ina single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made In writing or Applicable Law requires Interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Leader's securitywould be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any. paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the 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. Borrower Initials: Fannie Mae/Freddie A&C UNIFbRM INSTRUMENT - MERS Form 3039 01/01 Page 9 of 16 leutma" aoo-I9-198? www.doomaglo.oom mz"A= BKI933PG4268 In the event of a partial taldng, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's Interest in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's Interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security 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 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 Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms 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 Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of 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 sac=ors 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, Borrower Initials: Mae/Freddie t&c UNIFbRM INSTRUMENT - MERS 303901/01 Page 10 of 16 8004494382 ,=°.10.t= BK 1933PG4269 including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not he construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by 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 refimd made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be In writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change of address through that specified procedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Severability; Rules of Conrdructdon. This Security Instrument shall be governed by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used In this Section 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property Is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Borrower laidals: ,- AA PENNSYLVANIA-Simla Family DocMapl dWb9WW e00e40-rsa2 Famly Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www.doomeglacom Form 3039 01/01 Page 11 of 16 WO&MMALIM 6K ! 9 3 3 PG 4 2 7 0 Lender may require immediate payment In full of all sums secured by this Sema* 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 firther 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 We 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) acres any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Secuity Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees insured for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's Interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security 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, treaxurer'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. UpourehatatementbyBorrower,this Security lnstrumentandobligations 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 Servicer') that collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Serviax, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Service' 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 johned to any jndichd action (as either an individual litigant or the member of a class) that arlses from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (with such noticegiven 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 are given to Borrower pursuant to Section 22 and the notice of acceleration given Borrower Initials: ?w aS j P F ENEN ormle Mae& d-s V9e Farni?yy ? ?*e 13M N Ma ANUkdis ac UIWARM INSTRUMENT - MERS www.doemagk.com Form 3039 01/07 Page 12 of 16 r .M.M.tM $;{ ! 9 3 3 PG 4 2 7 1 to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective acdanprovLdons of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental protection; (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 the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not limited to, hazardous substances in consumer products). Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the Property and any Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private 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. Lander shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (e) when the default must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums secured by this Security Instrument, foreclosureby judicial proceeding and sale of tho Property. Lender shall further inform Borrower of the right to reingtate 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 farther demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrament and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Borrower initials: ,J,- PENNSYLVANIA-Single Family D=%VkEF== eao.UP-1382 Fannie Mae/Freddie Mac UNIFORM INSTRUMENT - MERS www.doemagk.com Form 3038 01101 Page 13 of 16 By ? g 3 3 PG 4 2 7 2 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 sheriff's sale or other sale pursuant to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage. 27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. gdi5M? ai, //.,A0Q' (Seal) N HANAEL J. AMASS' S -Borrower _ (Seal) -Borrower _ (Seal) -Borrower Wita r- Cj DONALD SEMIC Witness: INSTRUMENT . MERS Page 14 of 16 - (Seal) -Borrower (Seal) -Borrower - (Seal) -Borrower NAWOM 600-49-IJ67 www.&vmoglacam 1933PG4273 COMMONWEALTH OF PENNSYLVANIA ) ) SS: COUNTY OF CUMBERLAND ) On this the Ag day of '% t??? ?%00 . before me, K??1 (-- - kkF-LL Akb71-ERJ the undersigned officer, personally appeared NATHANAEL J. NOSS r , known to me (or satisfactorily proven) to be the person(s) whose name(s) Ware subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes therein contained. In witness whereof, I hereunto set my hand and official seals. COMMONWEALTH OF PENNSYLV 1 Notadal Seal Shed L Melt-Hotter, Notary P0110 Camp HE Boro, Cumbedaad County My Cmr"w Eow Nov. 4, ZGp7 Member. PennWvenla AuadaAon 01 Nets i (Notary's Stamp and Embosser) Kai- ? gnature a IR Title of Officer My commission expires: PENNSYLVANIA-T9 Fend Fannie Mae/Fre" Mac UNI RM INSTRUMENT - MFRS Form 3039 01b1 Page 16 of 16 www.dbomooc.com N 1933PGli274 Y ? F 7 Certificate of Residence of Mortgagee The undersigned hereby cerdfles that. (0 he/she is the Mortgagee or the duly authorized attorney or agent of the Mortgagee named in the within instrument; and (ti) Mortgagee's precise residence is: 1401 S. BRENTWOOD BLVD., # 660, BRENTWOOD, MISSOURI 63144 Witness my bead this g day of p (ry4,,.1?..1L O? S of Mortgagee or Mortgagee's Duty Authorized Attorney or Agent &ER-t L- MEU.-r'ko- E) Type ar Pdot Name ofMm%We or Maa%W's Doty AvIbmiecd Attormey or Agent -hi; a bt: c m Berland COLII,E" PA ' '• Recorder of Deeds INSTRUMENT - MERS Page 16 of 16 mug.mm.?Bdan B K I 9 3 3 PG L: 2 7 5 ?v w a Loan Number: 43052 9 63 Date: NOVEMBER 28, 2005 Property Address: 408 BOSLER AVE, LEMOYNE, PENNSYLVANIA 17043 EXHIBIT U NI LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Borough of Lemoyne County of Cumberland and State of Pennsylvania, more particularly bounded and described as follows to wit: BEGINNING at a point on the Southern line of Bosler Avenue being 57 feet in a westerly direction by same from 4th Street, thence South 23 degrees 30 minutes East through the center line of the partition wall of a double 2 1/2 story brick dwelling and beyond 105 feet to the Northern line of an alley; thence South 66 degrees 30 minutes west 17.5 feet to a point., thence North 23 degrees 30 minutes West by the eastern line of Lot No. 97, 105 feet to a point on the Southern line of Bosler Avenue; thence North 86 degrees 30 minutes East by the Southern line of Bosler Avenue 17.5 feet to the point and place of beginning. BEING the Western half of Lot No 98 Block "C" on the Plan of Lots known as Plan No.1 of Riverton as recorded In the Cumberland County Recorder's.Office in Deed Book No. 4-J Page No. 40. HAVING thereon erected a dwelling house commonly known as 408 Bosler Avenue. A.P.N. : 12210265249 80"49-lW2 Lgdmx B„ ? ?*6-63 OK 1933PG4276 .. .. Y f ^} ?, ` .. +.? ? V/ r ?_ ' (? f . C._ .. ? - ? ? s a , ?, ;_ ?< ?' SHERIFF'S RETURN - REGULAR CASE NO: 2008-07103 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND COUNTRYWIDE HOME LOANS SERVICI VS NOSS NATHANAEL J KENNETH GOSSERT , Sheriff or Deputy Sheriff of Cumberland County,Pennsylvania, who being duly sworn according to law, says, the within COMPLAINT - MORT FORE was served upon NOSS NATHANAEL J the DEFENDANT , at 1836:00 HOURS, on the 11th day of December-, 2008 at 408 BOSLER AVENUE LEMOYNE, PA 17043 by handing to KAREN CRIDER, ADULT IN CHARGE a true and attested copy of COMPLAINT - MORT FORE together with and at the same time directing Her attention to the contents thereof. Sheriff's Costs: Docketing Service Affidavit Surcharge J.1) a X) 0 8 So Answers: 18.00 .?..P 13.50 .00 10.00 R. Thomas Kline 00 41.50 12/15/2008 MCCABE WEISBERG CONWAY Sworn and Subscibed to before me this of By: day A. D. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans Servicing, L.P. Plaintiff V. Nathanael J Noss Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-7103 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant 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 11/27/08 to 01/20/09 $ 99,192.16 $ 1,001.55 Total $ 100,193.71 -z T RREN J. McCABE, ESQUIRE MARC S. ISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff AND NOW, this 4& day of , 2009, Judgment is entered in favor of Plaintiff, Countrywide Home Loans Servicing, L.P., and against Defendant, Nathanael J Noss, and damages are assessed in the amount of $100,193.71, plus interest and costs. BY T PROTHONOT Y: 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 Countrywide Home Loans Servicing, L.P. Plaintiff V. Nathanael J Noss Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-7103 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 Defendant, Nathanael J Noss, is 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 Defendant, Nathanael J Noss, is over eighteen (18) years of age, and reside as follows: Nathanael J Noss 408 Bosler Ave Lemoyne, Pennsylvania 17043 SWORN AND SUBSCRIBED BEFORE ME THIS J DAY OF 009 1 N ARY P C COMMONWEALTH OF PENNSYLVANIA Notarial Seal Dorothy A. Gegwkas, Notary Pubk Chekmtwn Twp., MWAgornery County * Corrrnissim Expires Jan. 28,2009 nbAk Av?? TERRE E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff Member Ponnsvi-, `.ssociation 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 Countrywide Home Loans Servicing, L.P. Plaintiff V. Nathanael J Noss Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-7103 CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him/her 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 marked as Exhibit "A". SWORN AND SUBSCRIBED BEFORE ME THIS 2 DAY OF Jn nu 2008 ARY Notaft Seal Chokenham Twp, MorMgo "County *CDnxrdesion E?neaJan.28,2009 !Member P"svI"" "sxation of Notaries TERREN J M cCABE, ESQUIRE MARC S. ISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff 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 unworn falsification to authorities. TERREN J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff Curt Long Prothonotary To: Nathanael J Noss 408 Bosler Ave Lemoyne, Pennsylvania 17043 Countrywide Home Loans Servicing, L.P. vs. Nathanael J Noss OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 January 5, 2009 Cumberland County Court of Common Pleas Number 08-7103 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 AGAINSTYOU 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 MAYOFFER 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 LISTED 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 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 USTED 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 INFORMAcON ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NING ON HONORA RIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 BY: I it A /I- Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE JA- Y L . VIA ?' rY?t'F7 ry w _?? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Nathanael J Noss 408 Bosler Ave Lemoyne, Pennsylvania 17043 Countrywide Home Loans Servicing, L.P. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Nathanael J Noss No. 08-7103 Defendant NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Prothonotary 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 FILE NO.: 08-7103 Civil Term Countrywide Home Loans Servicing, L.P. V. AMOUNT DUE: $100,193.71 Nathanael J Noss INTEREST: from 01/21/09 $2,322.27 at $16.47 ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 408 Bosler Avenue, Lemoyne, Pennsylvania 17043 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of gIMERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: Signature: 14 z; Print Name: MCC E, WEISBERG AND CONWAY Address: 123 S. Broad Street, Suite 2080 Philadelphia. PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. j- C? 'w o$ 9? © '?' p t31 Q UI ? O ? o O ?, ?p _ zp t? •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 Countrywide Home Loans Servicing, L.P. Plaintiff V. Nathanael J Noss Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 08-7103 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: 408 Bosler Avenue, Lemoyne, Pennsylvania 17043, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owner or Reputed Owner Name Address Nathanael Noss 408 Bosler Avenue Lemoyne, Pennsylvania 17043 2. Name and address of Defendant in the judgment: Name Address Nathanael J Noss 408 Bosler Ave Lemoyne, Pennsylvania 17043 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. 5 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Members 1 st Federal Credit Union Address 5000 Louise Drive Mechanicsburg, Pennsylvania 17055 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 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 408 Bosler Avenue Lemoyne, Pennsylvania 17043 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 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales United States of America Domestic Relations Cumberland County United States of America Name and address of Attorney of record: Name 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 unswom falsification to authorities. January 20, 2009 DATE RRE E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff r> J ,- l r i C .. JV- irk McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Countrywide Home Loans Servicing, L.P. COURT OF COMMON PLEAS V. Nathanael J Noss CUMBERLAND COUNTY Number 08-7103 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Nathanael J Noss 408 Bosler Ave Lemoyne, Pennsylvania 17043 Your house (real estate) at 408 Bosler Avenue, Lemoyne, Pennsylvania 17043 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 court judgment of $100,193.71 obtained by Countrywide Home Loans Servicing, L.P. 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 inunediate action: The sale will be canceled if you pay to Countrywide Home Loans Servicing, L.P. 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. 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. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR TRACT OF LAND SITUATE IN THE BOROUGH OF LEMOYNE, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHERN LINE OF BOSLER AVENUE, BEING 57.00 FEET IN A WESTERLY DIRECTION BY SAME FROM 4TH STREET; THENCE SOUTH 23 DEGREES 30 MINUTES EAST THROUGH THE CENTER LINE OF THE PARTITION WALL OF A DOUBLE TWO AND ONE-HALF STORY BRICK DWELLING AND BEYOND, 105.00 FEET TO THE NORTHERN LINE OF AN ALLEY; THENCE SOUTH 66 DEGREES 30 MINUTES WEST, 17.5 FEET TO A POINT; THENCE NORTH 23 DEGREES 30 MINUTES WEST BY THE EASTERN LINE OF LOT NO. 97, 105.00 FEET TO A POINT ON THE SOUTHERN LINE OF BOSLER AVENUE; THENCE NORTH 66 DEGREES 30 MINUTES EAST BY THE SOUTHERN LINE OF BOSLER AVENUE, 17.5 FEET TO THE POINT AND PLACE OF BEGINNING. BEING THE WESTERN HALF OF LOT NO. 98, BLOCK "C", ON THE PLAN OF LOTS KNOWN AS PLAN NO. 1 OF RIVERTON, AS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN DEED BOOK 4-J, PAGE 40. Being known as:: 408 Bosler Avenue, Lemoyne, Pennsylvania 17043. BEING the same premises which DOROTHY A. BISSET, WIDOW, PRINCIPAL, BY HER AGENT, SHARON ASSALITA by deed dated November 28, 2005 and recorded December 9, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 272, Page 1376, granted and conveyed to Nathanael J Noss in fee. TAX MAP PARCEL NUMBER: 12-21-0265-249 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7103 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS SERVICING, L.P., Plaintiff (s) From NATHANAEL J. NOSS (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 $100,193.71 L.L. $.50 Interest from 1/21/09 at $16.47 -- $2,322.27 Atty's Comm % Due Prothy $2.00 Atty Paid $160.50 Other Costs Plaintiff Paid Date: 1/29/08 urtis R. Lon , Prothon ary (Seal) By: REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: McCABE, WEISBERG AND CONWAY, P.C. 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 Deputy A. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans Servicing, L.P. Plaintiff V. Nathanael J Noss Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-7103 AFFIDAVIT OF SERVICE 1, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 2"d day of April, 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." h If, T. "` SWORN AND SUBSCRIBED BEFORE ME THIS 2ND DAY D L20 D. y TERRE?E J. McCABE, ESQUIRE OF APRIL, 2009 9 C/? TARY PUBLIC g ?-kvP. n`?t MARC 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 Countrywide Home Loans Servicing, L.P. Plaintiff V. Nathanael J Noss Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 08-7103 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: 408 Bosler Avenue, Lemoyne, Pennsylvania 17043, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owner or Reputed Owner Name Address Nathanael Noss 408 Bosler Avenue Lemoyne, Pennsylvania 17043 2. Name and address of Defendant in the judgment: Name Address Nathanael J Noss 408 Bosler Ave Lemoyne, Pennsylvania 17043 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 4. 6. 7. Plaintiff herein Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Members 1 st Federal Credit Union Address 5000 Louise Drive Mechanicsburg, Pennsylvania 17055 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 Address 408 Bosler Avenue Lemoyne, Pennsylvania 17043 Departrent 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 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales United States of America Domestic Relations Cumberland County United States of America Name and address of Attorney of record: Name 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 unworn falsification to authorities. January 20, 2009 DATE RRE E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans Servicing, L.P. COURT OF COMMON PLEAS Plaintiff V. Nathanael J Noss Defendant CUMBERLAND COUNTY Number 08-7103 DATE: April 2, 2009 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Nathanael J Noss PROPERTY: 408 Bosler Avenue, Lemoyne, Pennsylvania 17043 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, I Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. 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CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans Servicing, L.P. Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Nathanael J Noss No. 08-7103 Defendant PRAECIPE FOR SUGGESTION OF NAME CHANGE TO THE PROTHONOTARY: Pursuant to Rule 2352(a) Pa.R.C.P., it is hereby suggested of record that Plaintiff's name has changed and is now known as BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P., and that the caption of the matter shall now be BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing, L.P. v. Nathanael J Noss. See attached certificate of filing. Plaintiff's counsel continues to represent the plaintiff in the case at bar. TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attomeys for Plaintiff Entity #:507020 Date F11 d: 0412812008 Pedro A. Cortde [Secretary of the Commonwealth PBNNSYLVAML4 DItPARTMENT OF STATE CORPORATION BUREAU ertifiMe of Amem ilea t of Registration-Foreign (IS P&CS. f Isar) Umiled Parenarabip Raaiststsd Lhttiled Usbility Petro rdbip Real WW Limited Liability Compaty Oosrsaeat Mt M ratarasd b dre ?'. rT lbfl? now sad eddrws you eater to Ad*M t1rs istt. carnorwom FOREIGN - LUM PARTNERSHP M ENMWJT 3 Papa(s) Fa: 5230 M MMMEN TWI204M M In onnydiance with the roq?remenh of IS Pa C S a5a5 (rabdinR to sn-0 dell aaiRate afrspigradon). dte undersigned, deriving to ?Snge the amsrrRarwrrq or **W fills damiW in its application for Totsbaflon ss a fasip limned prdrmd* Awsign registered limited liability partnership or a kreign limited IMility company hereby stag dra: I . The amore under which the association was rogittered (or lust m idered) to do busimm in the Cammtonnwedth of parnsylvanis is: Cawbywide Florae Lassa 5erviolog LP 2. TiK (a) addnas d its hdtid registsrad of fice im this Cammonwahb or (b) Hams Bits oonanoroid esgiatt nd office provider said the county dvenue is: (a) Number and street Qty " State Zip col" (b)Nams of (brrmrradd Rgisiaed Office Provider Fl]d]edel BmY do: CT CWPWS iom Bystset 3. (ljgppltmbl ): Tbs Its of the eellistered office of dw association in this Com man waltb is herby ebwVd to: (a) Number std street city State ZIP Caamy (b) Name of Conunecad Registered Office Provider oamty c/o: ruw• w?wsareTrrw?a?s.. 911110 ADD 'qn nu n_ r.+ DSCB:154585.1 4. QPappllea814: TM nsodadon denim dw its retbusdm be umndW to otewt a its'stns m: BAC Hoereo Loans LP 5. IYyepll r. The seeso*tioe drnirew dot its rsgbttafm be sere Wed a: follms in ceder to ieAeot omrnpreeeerbe or osier tab dot have chsnded The screw ofdeo prwed pwtoer W nhmpd b: SAC OP, LEA WOW K 4500 Pork Grerodn, GMbe CA 91303 IN TESTIMONY WHMVW, the wedmAgowd has =mW ift C erdram of Am= &=* of Renal Wm to be aipwd by a duly ¦ dhorind oMe w, ere n*o or naMea I dJww dtM 27 c by of Ayril `2009 . Cam"idw Howe Loop ft!" LP ofAsaoeiadae !w? SAC GPI LLCM GENERAL PARTNER BY DEVRA LINDGRENr ASSISTANT SECRETARY OF BANK OF AMERICAS NATIONAL ASSOCIATION ITS MANAGER PAW-Wn4* 1fCT%wAOim w Docketing Slaternm (C hanSa) DSCB:15.1348 POI L t:011(pk t fw dwkJ11 . BUREAU USE ONLY: ? Rcvawe ? Labor A Industry ? Other File Code Piled Date want dame or aft or rages" (awvtvor or mew, erdAw t(Mr ar or cararafNww: Entity ttmnbw. ifkttowa: t--•---? 1wwPonOMV WlflMlon dap ie PA: 0l/i3/1006 . Sato of lac: Tame Federal M: 95-4747107 Specified w*otiw daw if any. Panrfll. CktatPwpw" Jr Ameadmatt (complete Section A) - MOW, CorttolWOdc a or Division (complow Section B.C or D) C:oaaolidetioo (aotapiele Sconce C) Division (complete Section D) Omwsidn (complete Section A A E) _ Co!! wW (complete Section A) •.+ Tmmkmtitmt (omwleb Section H) - Revival (complete Section CJ) - Dissolution Wm Commeaoemeat of Bok" (ooenpkb SMtion F) >< Socdm A - Chsetr haz(es) whlch pertabr to changea: _ NNW Name Changed W. SAC Home L0WO Saricit LP _ Ragiueted Office: Number A grow" number A box am dw C by State ZIP County Purpo:c: .._ Stock (t pmSete number of alwe auliwrizod): Effective date: Term of Jbds eaoa _ t3Ber _ SwdQx B - MWW Cwplite SWIM A JfAV cha gor Io rw vly*W wgA . Merging saw" acs (alptch shestror additiomat ealitlsr) Nave: EwdW k E kwwn: EffwAve due: lncigoel. rub le PA. State of leo. Nacre: Entity 0. i kao . Effective data: IncApad. duo in PA. Slue oClgt. t•MI I -WIMC T?II.wCAW r . 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 Countrywide Home Loans Servicing, L.P. Plaintiff V. Nathanael J Noss Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 08-7103 Defendant CERTIFICATION OF SERVICE The undersigned, attorney for the Plaintiff, hereby certifies that he/she served a true and correct copy of the foregoing Praecipe for Suggestion of Name Change by United States Mail, first class, postage prepaid, on the 22' day of May, 2009, upon the following: Nathanael J Noss 408 Bosler Avenue Lemoyne, Pennsylvania 17043 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff ?? ,,? _.. ? ? s ~{ ?? OF T'H" PmT[ r-?,cwy In the Court of Common Pleas of 2009 SEP -4 PM 1: 4 4 Cumberland County, Pennsylvania Writ No. 2008-7103 Civil Term,:`, PEN&SY,..VANIIA, Countrywide Home Loans Servicing L.P. VS Nathanael J. Noss Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on December 20, 2009 at 1839 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Nathanael J. Noss, by making known unto Nathanael J. Noss, personally at, 408 Bosler Ave, Lemoyne, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 4, 2009 at 1302 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property Nathanael J. Noss, located at, 408 Bosler Avenue, Lemoyne, Cumberland County, Pennsylvania according to law. R. Thomas Kline, Sheriff, who being duly sworn according to law, states he served the above Real Estate Writ, Notice, Poster and description in the following manner: The Sheriff mailed a notice of the pendency of the action to the within named defendant, to wit Nathanael J. Noss, by regular mail to his last known address of, 408 Bosler Avenue, Lemoyne, PA 17043. This letter was mailed under the date of April 2, 2009 and never returned to the Sheriffs Office R. Thomas Kline, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED per letter of instruction from Attorney Margaret Gairo. Sheriff's Costs: Docketing 30.00 Poundage 17.43 Posting Bills 15.00 Advertising 15.00 Law Library .50 Prothonotary 2.00 Milage 28.80 Levy 15.00 Surcharge 20.00 Law Journal 355.00 Post Pone Sale 40.00 Patriot News 334.77 Share of Bills 15.43 888.93 J q t y-H 04 So Answers, R. Thomas Kline, She ff By Real Estate Coordinator t ? s 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 Countrywide Home Loans Servicing, L.P. CUMBERLAND COUNTY COURT OF COMMON I PLEAS Plaintiff V. Nathanael J Noss Defendant NO: 08-7103 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: 408 Bosler Avenue, Lemoyne, Pennsylvania 17043, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owner or Reputed Owner Name Address Nathanael Noss 408 Bosler Avenue Lemoyne, Pennsylvania 17043 2. Name and address of Defendant in the judgment: Name Address Nathanael J Noss 408 Bosler Ave Lemoyne, Pennsylvania 17043 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. 5. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Members 1 st Federal Credit Union Address 5000 Louise Drive Mechanicsburg, Pennsylvania 17055 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 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 408 Bosler Avenue Lemoyne, Pennsylvania 17043 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 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales United States of America Domestic Relations Cumberland County United States of America 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 20, 2009 DATE PLO ERRS E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Countrywide Home Loans Servicing, L.P. COURT OF COMMON PLEAS V. Nathanael J Noss CUMBERLAND COUNTY Number 08-7103 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Nathanael J Noss 408 Bosler Ave Lemoyne, Pennsylvania 17043 Your house (real estate) at 408 Bosler Avenue, Lemoyne, Pennsylvania 17043 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 erforce the court judgment of $100,193.71 obtained by Countrywide Home Loans Servicing, L.P. 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 Countrywide Home Loans Servicing, L.P. the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 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 ALL THAT CERTAIN LOT OR TRACT OF LAND SITUATE IN THE BOROUGH OF LEMOYNE, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHERN LINE OF BOSLER AVENUE, BEING 57.00 FEET IN A WESTERLY DIRECTION BY SAME FROM 4TH STREET; THENCE SOUTH 23 DEGREES 30 MINUTES EAST THROUGH THE CENTER LINE OF THE PARTITION WALL OF A DOUBLE TWO AND ONE-HALF STORY BRICK DWELLING AND BEYOND, 105.00 FEET TO THE NORTHERN LINE OF AN ALLEY; THENCE SOUTH 66 DEGREES 30 MINUTES WEST, 17.5 FEET TO A POINT; THENCE NORTH 23 DEGREES 30 MINUTES WEST BY THE EASTERN LINE OF LOT NO. 97, 105.00 FEET TO A POINT ON THE SOUTHERN LINE OF BOSLER AVENUE; THENCE NORTH 66 DEGREES 30 MINUTES EAST BY THE SOUTHERN LINE OF BOSLER AVENUE, 17.5 FEET TO THE POINT AND PLACE OF BEGINNING. BEING THE WESTERN HALF OF LOT NO. 98, BLOCK "C", ON THE PLAN OF LOTS KNOWN AS PLAN NO. 1 OF RIVERTON, AS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN DEED BOOK 4-J, PAGE 40. Being known as:: 408 Bosler Avenue, Lemoyne, Pennsylvania 17043. BEING the same premises which DOROTHY A. BISSET, WIDOW, PRINCIPAL, BY HER AGENT, SHARON ASSALITA by deed dated November 28, 2005 and recorded December 9, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 272, Page 1376, granted and conveyed to Nathanael J Noss in fee. TAX MAP PARCEL NUMBER: 12-21-0265-249 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 08-7103 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS SERVICING, L.P., Plaintiff (s) From NATHANAEL J. NOSS (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 $100,193.71 Interest from 1/21/09 at $16.47 -- $2,322.27 L.L. $.50 Atty's Comm % Atty Paid $160.50 Plaintiff Paid Date: 1/29/08 (Seal) REQUESTING PARTY: Due Prothy $2.00 Other Costs -?2 Curtis R. Long, Prothon ry By: Deputy Name: MARGARET GAIRO, ESQUIRE Address: McCABE, WEISBERG AND CONWAY, P.C. 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 Real Estate Sale # 45 On February 13, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Lemoyne, Cumberland County, PA Known and numbered as 408 Bosler Avenue Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: February 13, 2009 By: ?? U U 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. isa Marie Coyne, Edit r SWORN TO AND SUBSCRIBED before me this 5 day of May, 2009 01 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 REAL EBTATE SALE NO. 45 Writ No. 2008-7103 Civil Countrywide Home Loans Servicing, L.P. VS. Nathanael J. Noss Atty.: Terrance J. McCabe LEGAL DESCRIPTION ALL THAT CERTAIN lot or tract of land situate in the Borough of Lemoyne, County of Cumberland, and State of Pennsylvania, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Bosler Avenue, being 57.00 feet in a westerly direction by same from 4th Street; thence South 23 degrees 30 minutes East through the center line of the partition wall of a double two and one-half story brick dwelling and beyond, 105.00 feet to the northern line of an alley; thence South 66 degrees 30 minutes West, 17.5 feet to a point; thence North 23 degrees 30 minutes West by the east- ern line of Lot No. 97, 105.00 feet to a point on the southern line of Bosler Avenue; thence North 66 degrees 30 minutes East by the southern line of Bosler Avenue, 17.5 feet to the point and place of BEGINNING. BEING the western half of Lot No. 98, Block °C" on the plan of lots known as Plan No. 1 of Riverton, as recorded in the Cumberland County Recorder's Office in Deed Book 4-J, Page 40. Being known as: 408 Bosler Avenue, Lemoyne, Pennsylvania 17043. BEING the same premises which DOROTHY A. BISSET, WIDOW, PRIN- CIPAL, BY HER AGENT, SHARON ASSALITA by deed dated November 28, 2005 and recorded December 9, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 272, Page 1376, granted and conveyed to Nathanael J. Noss in fee. TAX MAP PARCEL NUMBER: 12- 21-0265-249. r?The Patriot-News Co. 812 Market St. Harrisburg, PA 171,01 Inquiries - 717-255-8213 CUMBERLAND COUNTY SHERIFFS OF CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 Zhe Patriot-News 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 of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04124/09 05/01/09 05/08109 y ............... Sworn to ubscribed before me this 12 day of May, 2009 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA 7otarial Seal Sheme L. Kisner, Notary Public City Of Harrisburg, Dauphin county Member, Pennsylvania Assoclatlon of Notaries Real Estate Sale No. 45 4rit No. 2008-7103 Civil Term Countrywide Home Loans Servicing, L.P. VS Nathanael J. Noss Attorney Terrance J. McCabe LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR TRACT OF LAND SITUATE IN THE BOROUGH OF LEMOYNE, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHERN LINE OF BOSLER AVENUE, BEING 57.00 FEET IN A WESTERLY DIRECTION BY SAME FROM 4TH STREET; THENCE SOUTH 23 DEGREES 30 MINUTES EAST THROUGH THE CENTER LINE OF THE PARTITION WALL OF A DOUBLE TWO AND ONE-HALF STORY BRICK DWELLING AND BEYOND, 105.00 FEET TO THE NORTHERN LINE OF AN ALLEY; THENCE SOUTH 66 DEGREES 30 MINUTES WEST, 17.5 FEET TO A POINT; THENCE NORTH 23 DEGREES 30 MINUTES WEST BY THE EASTERN LINE OF LOT NO. 97, 105.00' FEET TO A POINT ON THE SOUTHERN LINE OF BOSLER AVENUE; THENCE NORTH 66 DEGREES 30 MINUTES EAST BY THE SOUTHERN LINE OF BOSLER AVENUE, 17.5 FEET TO THE POINT AND PLACE OF BEGINNING. BEING THE WESTERN HALF OF LOT NO. 98, BLOCK "C", ON THE PLAN OF LOTS KNOWN AS PLAN NO.1 OF RIVERTON, AS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN DEED BOOK 4-J, PAGE 40. Being known as: 408 Buster Avenue, Lemoyne, Pennsylvania 17043. BEING doasrae premises which DOROTHYA. BISSLtT, WWM, PRINCIPAL, BY HER AGM, SHARON ASSALITA by deed dod November 28, 2005 and recorded Deexmber 9, 2005 in the office of the Recorder in and for Cumberland County in Deed.Book 272, Page 1376, granted and conveyed to Nathanael J. Noss in fee. TAX MAP PARCEL NUMBER: 12-21-0265- 249 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION Countrywide Home Loans Servicing, L.P. V. FILE NO.: 08-7103 Civil Term AMOUNT DUE: $100,193.71 Nathanael J Noss INTEREST: from 01/21/09 to 3/3/2010 $6,686.82 at $16.47 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) 408 Bosler Avenue, Lemoyne, Pennsylvania 17043 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: Signature: ` 4AND Print Name: MCCABE, WEISBERG CONW Y Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: 215 7901010 Supreme Court ID No. 10 OF CF Tl-f i rTARY 2009 SEP 28 I I ti Wa. #h9 Z's C,9F ay. ad */y. ae $ ? _00 4d tv- lr? d 3/au } McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 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 Countrywide Home Loans Servicing, L.P. Plaintiff V. Nathanael J Noss Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 08-7103 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: 408 Bosler Avenue, Lemoyne, Pennsylvania 17043, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owner or Reputed Owner Name Address Nathanael Noss 408 Bosler Avenue Lemoyne, Pennsylvania 17043 2. Name and address of Defendant in the judgment: Name Address Nathanael J Noss 408 Bosler Ave Lemoyne, Pennsylvania 17043 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 i 4. 5 6. 7 Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Members 1 st Federal Credit Union Address 5000 Louise Drive Mechanicsburg, Pennsylvania 17055 Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None 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 Address 408 Bosler Avenue Lemoyne, Pennsylvania 17043 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 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales United States of America Domestic Relations Cumberland County United States of America Name and address of Attorney of record: Name None 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 unswom falsification to authorities. September 24, 2009 DATE IAJ TERRE CE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff FiLEG-) ' OF THE RP 2009 SEP 28 All 11: C9 'M McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Countrywide Home Loans Servicing, L.P. I COURT OF COMMON PLEAS V. Nathanael J Noss CUMBERLAND COUNTY Number 08-7103 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Nathanael J Noss 408 Bosler Ave Lemoyne, Pennsylvania 17043 Your house (real estate) at 408 Bosler Avenue, Lemoyne, Pennsylvania 17043 is scheduled to be sold at Sheriffs Sale on March 3, 2010 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 $100,193.71 obtained by Countrywide Home Loans Servicing, L.P. 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 Countrywide Home Loans Servicing, L.P. the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 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 FIL EL}.. OF THE "T GARY 2004 SEP 28 All 11: o 9 r,y ? v; LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR TRACT OF LAND SITUATE IN THE BOROUGH OF LEMOYNE, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHERN LINE OF BOSLER AVENUE, BEING 57.00 FEET IN A WESTERLY DIRECTION BY SAME FROM 4TH STREET; THENCE SOUTH 23 DEGREES 30 MINUTES EAST THROUGH THE CENTER LINE OF THE PARTTTION WALL OF A DOUBLE TWO AND ONE-HALF STORY BRICK DWELLING AND BEYOND, 105.00 FEET TO THE NORTHERN LINE OF AN ALLEY; THENCE SOUTH 66 DEGREES 30 MINUTES WEST, 17.5 FEET TO A POINT; THENCE NORTH 23 DEGREES 30 MINUTES WEST BY THE EASTERN LINE OF LOT NO.97, 105.00 FEET TO A POINT ON THE SOUTHERN LINE OF BOSLER AVENUE; THENCE NORTH 66 DEGREES 30 MINUTES EAST BY THE SOUTHERN LINE OF BOSLER AVENUE, 17.5 FEET TO THE POINT AND PLACE OF BEGINNING. BEING THE WESTERN HALF OF LOT NO. 98, BLOCK "C", ON THE PLAN OF LOTS KNOWN AS PLAN NO. 1 OF RIVERTON, AS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN DEED BOOK 4-J, PAGE 40. Being known as:: 408 Bosler Avenue, Lemoyne, Pennsylvania 17043. BEING the same premises which DOROTHY A. BISSET, WIDOW, PRINCIPAL, BY HER AGENT, SHARON ASSALTTA by deed dated November 28, 2005 and recorded December 9, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 272, Page 1376, granted and conveyed to Nathanael J Noss in fee. TAX MAP PARCEL NUMBER: 12-21-0265-249 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N008-7103 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff (s) From NATHANAEL J. NOSS (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 $100,193.71 L.L. Interest FROM 01/21/09 TO 3/3/2010 - $6,686.82 AT $16.47 Atty's Comm % Atty Paid $270.93 Plaintiff Paid Date: 9/28/2009 Due Prothy $2.00 Other Costs Alt h Curtis R. Lon4*0 (Seal) By: Deputy REQUESTING PARTY: Name: MARC S. WEISBERG, ESQ Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-7070 Supreme Court ID No. 17616 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 Countrywide Home Loans Servicing, L.P. Plaintiff V. Nathanael J Noss Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 08-7103 AFFIDAVIT OF SERVICE n C w N G r5 c - , 7 CZ) .? w I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 4`h day of January, 2010, 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 41h DAY OF JANUARY, 2010 ARY P LIC ?O"" * w IrN OF FNN*V t-VgN1A NOTARIAL SEAL STC y 'CONNELL, Notary public ,kofft ia, PhNa. C MAU 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 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans Servicing, L.P. COURT OF COMMON PLEAS Plaintiff V. Nathanael J Noss Defendant CUMBERLAND COUNTY Number 08-7103 DATE: January 4, 2010 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Nathanael J Noss PROPERTY: 408 Bosler Avenue, Lemoyne, Pennsylvania 17043 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on March 3, 2010 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 # 1649E MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34681 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 215 790-1010 Countrywide Home Loans Servicing, L.P. Plaintiff Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS V. I NO: 08-7103 Nathanael J Noss Defendant 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: 408 Bosler Avenue, Lemoyne, Pennsylvania 17043, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owner or Reputed Owner Name Address Nathanael Noss 408 Bosler Avenue Lemoyne, Pennsylvania 17043 2. Name and address of Defendant in the judgment: Name Address Nathanael J Noss 408 Bosler Ave Lemoyne, Pennsylvania 17043 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 5 6. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Members 1st Federal Credit Union Address 5000 Louise Drive Mechanicsburg, Pennsylvania 17055 Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name None 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 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 408 Bosler Avenue Lemoyne, Pennsylvania 17043 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 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales United States of America Domestic Relations Cumberland County United States of America Name and address of Attorney of record: Name None 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.,. September 24, 2009 TERRENCE J. McCABE, ESQUIRE / DATE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff 0) v ° b Z V Q O •q a ? : ? Q t l? rn G? r`r?31lNn a o g S Q t?4 N w as ca 44 sw• ? ? d ? ? Pew ? •°,'' c?A? ???? ?.-,"? o d moo{ s` U A ¢'',Q r o? d t?.?. cd camp, ?0 ed 19 0 04 -let t.Ao (A C4 - Q -1 ?? W?j w?p. ?N to QN w ?. .? ?,,.1 w O ?po°° ? w.ti w y. C w ye ? o+ o?^o ?' d y?'' Cam ?a wax ?? QwQ" o$+o??r o?Qpw A?..+GG ?A•? wa ,. oA ?? ao d do °' UAa ? z 4• a 3 `^ t- o coo a+,??TM ??d O b??pra, w ? ? a a? w ca L.' w C,) a N en d' in `10 P I ? N A c?j N ? Qr w M ? o Cei ? 7 N Q U p, , ? y w ao w o A ?.,, c? w ??rcl1 °aM.d ?aaa,r d o? a d A V1 bA °? ?,wN ? Q A p,QO? A ?A ?, oP4 ?, aE aAp.? V oVx r- 00 d en G v ¢ a1 ,? ; C? CA i. Q? V1 ti 'PA ??aavpo w P, G 92 V-4 04 ?Ma Q ?C a I AU¢'"U ' ? d o ?o d?c anr 0 Gn V-0 ° OS ce as ? ybvsr- .. c? coo ?A ca dNO• ?wC4 w0 0 0 da CA Z> ? u I Ha d w a o ,o uC Z',v ?L O r+ N H SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy C ?? I j Richard W Stewart Solicitor F?..E,,f ? _..CCIC r?r?r Countrywide Home Loans Servicing LP I vs. Case Number Nathanael J Noss 2008-7103 SHERIFF'S RETURN OF SERVICE 12/23/2009 08:21 PM - Ronny R. Anderson Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Nathanael J. Noss, but was unable to locate him in his bailiwick. He therefore deputized the Sheriff of Dauphin County, Pennsylvania to serve the within Real Estate Writ, Notice of Sale and Description according to law. Dauphin County Return and now the, 28th day of January, 2010, served the within Real Estate Writ, Notice of Sale and Description upon Nathanael J. Noss, the defendant, by making known unto Nathanael J. Noss, at 240 Hollywood Drive, Middletown, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: Kevin Martin, Deputy Sheriff of Dauphin, County, Pennsylvania 01/14/2010 Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 12/23/09 at 2015 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Nathanael J. Noss, located at, 408 Bosler Avenue, Cumberland County, Pennsylvania according to law. 03/01/2010 Property sale postponed to 5/5/2010. 03/29/2010 Received service package from Attorney Weisberg, this date requesting that service be attempted on defendant in Middletown, PA. cab. 05/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on May 5, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Marc Weisberg, on behalf of Federal National Mortgage Association, 1900 Market Street, # 800, Philadelphia, PA 19103,being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 1,058.27 05/06/2010 Dauphin County Return and now the, 3rd day of May 2010, at 0938 hrs served the within Real Estate Writ, Notice of Sale and Description upon Nathanael J. Noss, the defendant, by making known untoNathanael J. Noss, at 240 Hollywood Drive, Middletown, Pennsylvania its contents and at the same time handing to him a true and correct copy of the same. So Answers: D. Arthur, Deputy Sheriff of Dauphin County, Pennsylvania SHERIFF COST: $1,058.27 SO ANSWERS, July 08, 2010 RON R ANDERSON, SHERIFF L/Q -©0 pa(. 0,4- a - oo pd, co u ?2'? 776 7 !q CowjtySuito Sheriff, Teteosoft, li^c. ?;?aS3 T McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Countrywide Home Loans Servicing, L.P. Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Nathanael J Noss Defendant NO: 08-7103 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: 408 Bosler Avenue, Lemoyne, Pennsylvania 17043, a copyof the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owner or Reputed Owner Name Address Nathanael Noss 408 Bosler Avenue Lemoyne, Pennsylvania 17043 2. Name and address of Defendant in the judgment: Name Address Nathanael J Noss 408 Bosler Ave Lemoyne, Pennsylvania 17043 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 Ir i ` 4. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Address Members 1 st Federal Credit Union 5000 Louise Drive Mechanicsburg, Pennsylvania 17055 5. 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 Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 408 Bosler Avenue Lemoyne, Pennsylvania 17043 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 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales United States of America Domestic Relations Cumberland County United States of America 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 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 unworn falsification to authorities September 24, 2009 DATE TERRE CE 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 CIVIL, ACTION LAW Countrywide Home Loans Servicing, L.P. V. Nathanael J Noss Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 08-7103 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Nathanael J Noss 408 Bosler Ave Lemoyne, Pennsylvania 17043 Your house (real estate) at 408 Bosler Avenue, Lemoyne, Pennsylvania 17043 is scheduled to be sold at Sheriffs Sale on March 3, 2010 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 courtjudgment of $100,193.71 obtained by Countrywide Home Loans Servicing, L.P. 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 Countrywide Home Loans Servicing, L.P. the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE r 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 LEGAL DESCRIPTION ALL THAT CERTAIN LOT OR TRACT OF LAND SITUATE IN THE BOROUGH OF LEMOYNE, COUNTY OF CUMBERLAND, AND STATE OF PENNSYLVANIA, MORE PARTICULARLY BOUNDED AND DESCRIBED AS FOLLOWS, TO WIT: BEGINNING AT A POINT ON THE SOUTHERN LINE OF BOSLER AVENUE, BEING 57.00 FEET IN A WESTERLY DIRECTION BY SAME FROM 4TH STREET; THENCE SOUTH 23 DEGREES 30 MINUTES EAST THROUGH THE CENTER LINE OF THE PARTITION WALL OF A DOUBLE TWO AND ONE-HALF STORY BRICK DWELLING AND BEYOND, 105.00 FEET TO THE NORTHERN LINE OF AN ALLEY; THENCE SOUTH 66 DEGREES 30 MINUTES WEST, 17.5 FEET TO A POINT; THENCE NORTH 23 DEGREES 30 MINUTES WEST BY THE EASTERN LINE OF LOT NO. 97, 105.00 FEET TO A POINT ON THE SOUTHERN LINE OF BOSLER AVENUE; THENCE NORTH 66 DEGREES 30 MINUTES EAST BY THE SOUTHERN LINE OF BOSLER AVENUE, 17.5 FEET TO THE POINT AND PLACE OF BEGINNING. BEING THE WESTERN HALF OF LOT NO. 98, BLOCK "C", ON THE PLAN OF LOTS KNOWN AS PLAN NO. 1 OF RIVERTON, AS RECORDED IN THE CUMBERLAND COUNTY RECORDER'S OFFICE IN DEED BOOK 4-J, PAGE 40. Being known as:: 408 Bosler Avenue, Lemoyne, Pennsylvania 17043. BEING the same premises which DOROTHY A. BISSET, WIDOW, PRINCIPAL, BY HER AGENT, SHARON ASSALITA by deed dated November 28, 2005 and recorded December 9, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 272, Page 1376, granted and conveyed to Nathanael J Noss in fee. TAX MAP PARCEL NUMBER: 12-21-0265-249 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) N008-7103 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff (s) From NATHANAEL J. NOSS (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 $100,193.71 L.L. Interest FROM 01/21/09 TO 3/3/2010 - $6,686.82 AT $16.47 Atty's Comm % Due Prothy $2.00 Atty Paid $270.93 Other Costs Plaintiff Paid Date: 9/28/2009 (Seal) 11?h Curtis R. Lon *otonry By: Deputy REQUESTING PARTY: Name: MARC S. WEISBERG, ESQ Address: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-7070 Supreme Court ID No. 17616 On October 9, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Borough of Lemoyne, Cumberland County, PA, Known and numbered as 408 Bosler Avenue, Lemoyne, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: October 9, 2009 By: sta We Coor B(o r ,rte PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA : COUNTY OF CUMBERLAND ss. 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: January 22, January 29, and February 5, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Marie Coyne, SWORN TO AND SUBSCRIBED before me this 5 day of February, 2010 L NtaryC .,,tom NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 Writ No. 2008-7303 civil Countrywide Home Loans Servicing LP vs. Nathanael J. Noss Atty: Marc Weisberg ALL THAT CERTAIN lot or tract of land situate in the Borough of Lemoyne, County of Cumberland, and State of Pennsylvanta, more particularly bounded and described as follows, to wit: BEGINNING at a point on the southern line of Bosler Avenue, being 57.00 feet in a westerly direction by same from 4th Street; Thence South 23 degrees 30 minutes East through the center line of the partition wall of a double two and one-half story brick dwelling and beyond, 105.00 feet to the northern line of an alley; Thence South 66 degrees 30 minutes West, 17.5 feet to a point; Thence North 23degrees 30 minutes West by the eastern line of Lot No. 97, 105.00 feet to a point on the southern line of Bos- ler Avenue; Thence North 66 degrees 30 minutes East by the southern line of Bosler Avenue, 17.5 feet to the point and place of BEGINNING. BEING the western half of Lot No. 98, Block "C", on the plan of lots known as Plan No. i of Riverton, as recorded in the Cumberland County Recorder's Office in Deed Book 4-J, Page 40. Being known as:: 408 Bosler Avenue, Lemoyne, Pennsylvania 17043. BEING the same premises which DOROTHY A. BISSET, WIDOW, PRIN- CIPAL, BY HER AGENT, SHARON ASSALITA by deed dated November 28, 2005 and recorded December 9, 2005 in the office of the Recorder in and for Cumberland County in Deed Book 272, Page 1376, granted and conveyed to Nathanael J. Noss in fee. TAX MAP PARCEL NUMBER: 12- 21-0265-249. PROPERTY ADDRESS: 408 Bosler Avenue, Lemoyne, PA 17043. The Patriot-News Co. 812 Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the Pahiot News Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 01/22/10 01/29/10 C 02/05/10 ... . ... . .... ............... S orn to subscribed before a is 2 y February, 2010 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L Kisner, Notary Public City Of Harrisburg, Dauphin County My Corrosion Expires Nov. 26, 2011 Member, Pennsylvania Association of Notaries ?'? La" s x :srvlc?tig LP 1?IaUtat?? J Nwta l?' 11tty mam oft" ' IT AILL lli#,(T'AIN l to tIR TItACF LAND SITUATE IN '1Ii17,B© GH 0 T LEtJ?OYNB, COUNTY" OF CUA4B TA£I? Ot?' AENIgSYLVANTlI MOk *FAS Y BOUNM AND FOLLO'WS, TO AT A "POINT ON+ SOUTHERN ?m OF,BOS A BEING 57.00 FEET' IN- k P/FSTEitL _ ?A WEST, 1'1.5 &'I'O.A, POINT` T NOM PD hYitiU 30 Y THE EAST'E N Uf, Ol+ LOO N 105:00 FEET TO A PONT " ON SOM ERN LINE OF BOSLER AVF TIffN E'NOM 66 DEGkW 30 M N EAST BY THE SOUTHERN LIII BOSLER`AVENUE, 17.5 FEET TO POWs tsN_D K ACE OF BEGIN? 98, BLOCK V', ON THE_ PLAN 01KLOM . KNOWN A5 PLAN NO,1..OF YdIVF KAS' RECORDED IN . COUN$Y RF,(ARp>? s OF", In . ,9 BOOK 4-I,PAGE40, , Being kaR'x n as: 408Bos]a Avenue Lemoyne0 Pennsylvania 17041 BEING the pse ws which DOROTHY _ BISSET, PRiChPAL By , AGENT" Sua* ASSAIIT? by #ed November 28, }5 waded Decca?6u Noss it TAN-WX PARCH?, ?MG% E'11 8c?r LapuXas,i'AS 3 nE COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which FEDERAL NATIONAL MTG ASSOC is the grantee the same having been sold to said grantee on the 5TH day of MAY A.D., 2010, under and by virtue of a writ Execution issued on the 28TH day of SEPT, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2008 Number 7103, at the suit of COUNTRYWIDE HOME LOANS SERV L P against NATHANAEL J NOSS is duly recorded as Instrument Number 201018442. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this 9 day of J-v/:, A.D.20 / Recorder of Deeds