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HomeMy WebLinkAbout09-0782 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 Indymac Federal Bank FSB 155 N. Lake Avenue Pasadena, California 91101 Cumberland County Court of Common Pleas Number 9 _ 7 C ?v, I Ytrr- C v. Louise M. Breski, Only Known Surviving Heir of Laura Gidusko Deceased Mortgagor and Real Owner 3610 Rutherford Street Harrisburg, Pennsylvania 17111 and Unknown Surviving Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner 3717 Lisburn Road Mechanicsburg, Pennsylvania 17055 CIVIL ACTIONIMORTGAGE FORECLOSURE F~~' 2 6 2~~~~~J Indymac Federal Bank FSB 155 N. Lake Avenue Pasadena, California 91 101 v. Louise M. Breski, Only Known Surviving Heir of Laura Gidusko Deceased Mortgagor and Real Owner 3610 Rutherford Street Harrisburg, Pennsylvania 17111 and Unknown Surviving Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner 3717 Lisburn Road Mechanicsburg, Pennsylvania 17055 ORDER Cumberland County Court of Common Pleas Number C/ ~" ~0 AND NOW, this ~3 day of Su ~ , 2007, upon consideration of Plaintiff's Motion for Service upon the Defendant, Unknown Surviving Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner, Pursuant to Special Order of Court, it is hereby ORDERED that pursuant to Pennsylvania Rules of Civil Procedure 430, Plaintiffmay comply with the applicable service requirements by one PUBLICATION of a NO"1'1CI of the filing of the Complaint in Cumberland County newspaper with daily circulation and by one PUBLICATION of a NOTICE of the filing of the Complaint in the Cumberland Law Journal; by POSTING the premises 3717 Lisburn Road, Mechanicsburg, Pennsylvania 17055. with a copy of the Complaint filed in the above captioned matter and by MAILING by Certified Mail, Return Receipt requested a true and correct copy of the Complaint to the premises which is the subject o~f the action. FURTHER, it is ORDERED that the Plaintiff may serve all subsequent Notices and pleadings, that require personal service, in the manner set forth above except that Notice of Sheriff s Sale made by the Sheriff in the manner set forth in Pa.R.C.P. 3129.2(D) is legally sufficient and Plaintiff need not re-publish. SERVICE shall be deemed effectuated and completed upon the PUBLICATION, POSTING or MAILING, whichever is later. BY THE COURT: J. t1r -~ ~rt 1 ~`{` ~ ~ ~;a~ 1~x: ~Y, Ze~o~ ,. ,;,~- ~~ :, ~t ~ ,~~,.. ~ ~ sw 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 provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTEDNO 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 Indymac Federal Bank FSB, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Louise M. Breski, Only Known Surviving Heir of Laura Gidusko Deceased Mortgagor and Real Owner, of the mortgaged property hereinafter described, and his/her last-known address is 3610 Rutherford Street, Harrisburg, Pennsylvania 17111. 3. The Defendant is Unknown Surviving Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner, of the mortgaged property hereinafter described, and his/her last-known address is 3 717 Lisburn Road, Mechanicsburg, Pennsylvania 17055. 4. On January 10, 2007, Laura S. Gidusko made, executed and delivered a mortgage upon the premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as nominee for Indymac Bank, FSB which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1979, Page 4711. 5. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration Systems, Inc. as nominee for Indymac Bank, FSB to Indymac Federal Bank, FSB, Plaintiff herein, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. 6. On October 20, 2007 Laura S. Gidusko departed this life. No estate of administration has been opened as a result of the demise of Laura S. Gidusko. 7. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 3717 Lisburn Road, Mechanicsburg, Pennsylvania 17055. 8. The mortgage is in default because monthly payments of principal and interest upon said mortgage due November 1, 2007 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. 9. The following amounts are due on the mortgage: Principal Balance $ 177,808.09 Interest through September 5, 2008 $ 13,607.49 (Plus $40.19 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 636.30 Corporate Advance $ 2,383.60 Escrow Advance $ 1,885.00 GRAND TOTAL $ 197,570.48 10. 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. 11. Plaintiff does not hold the within Defendants personally liable on this cause of action and releases them from any personal liability. This cause of action is being brought to foreclose their interest in the aforesaid real estate only. WHEREFORE, Plaintiff demands an in rem Judgment against the Defendant in the sum of $197,570.48, together with interest at the rate of $40.19 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. G/ - 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 Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE [Name of Natural Person] 1333 MAIN ST , 5TH FLOOR [SnsetA0drwq C011MIA, SC 29201 1C1ty, Sate Zip Code] 803-933-4060 (re7epfrone menberl Arter recording please return to: RockwoodTiueand SeWementGroup 'I' 6230 Old Dobbin Lane Suite 210 Columbia. MD 21045 fl 1 jully, arazipcocle1 1Teleplro-7Q017lferl 4,UiA0 Exhibit A UPI/PIK(rax ID: 13-29-2445-014 ......._.._ - -1SpaccAbow7blrt:McFe.ltetv,dfeg DEFINTPIONS MORTGAGE MIN 100055401251068658 Wonis used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, I8, 20 and 21. Certain rules mgwdutg the usage. of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated January 10, 2007 together with all Riders to this document. Loan No• 125106065 Pennsylvania Mor1M,.Single family-Fannie MaoWnddle Mae UNIFORM INSMUMFM MFRS Moiled Form 3039 01/0{ --TILE COMMlANCE SOVRCF, INC.- Fagg i or la owns, ti. c ro. l:?? sue. uw (B) "Burrower" is LAURA S GLUDS'RO Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and ssslgns. MERS is the mortgagee under this Security lastrurnenL MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, flint, MI 48501-2026, tel. (888) 679-MERS. (D) "Lender"is INDYMAC BANK, F.S.B., A FEDERALLY CHARTERED SAVINGS BANK Lender is a Federal savings Bank organized and existing under the laws of United States of America . Lender's address is 155 NORTH LAKE AVENUE, PASADENA, CA 91101 (E) "Note" means the promissory note signed by Borrower and dated January 10, 2007 , The Now arcs thh t Borrower owes Lender one hundred seventy eight thousand two hundred and o/l0othr Dollars (U.S. S 178,200.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than February 1, 2037 . (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus Interest (H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders am to be executed by Borrower (check box of applicable]: © Adjustable Rate Rider ? Condominium... Rider ? Second Home Rider ? Balloon Rider ? Planned Unit'Developmeni Rider ? Biweekly Payment Rider ? 1-4 Family Rider ? Revocable Trust Rider ? Othen(s)(.rpeciy] (1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect or law) as well as all applicable final, non-appealable judicial opinions. (,t) "Community Association Dues, Fees, and Asser,sments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions; transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. Loan No: 125106865 Penn s"Pia Mor%agc-Siiglc Family-Fannic Mae/F,eddic Mac UNI A)RD1 tNS1 MIMLNT MFRF. S Modified Form 3069 01/01 - rue comp IM'CC Sou am, im- Page 2 ar 14 141nM CM W.. WO 111111111110MORM1 =,.". t o?rr a?. s?.ru n ?. . 74 (L) "Escrow Items" means those items that are described in Section 3. (M) "Miseellaneotts Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) ":Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. (0) "Periodic Payment" means the regularly schcdulet amount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (24 G.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, "RESPA" refers to all requirements and restrictions that rue imposed in regard to a "federally related mortgage load" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" mcans any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations ender the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender. (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) arvi to the successors and assigns of MFRS the following described property located in the County of CUMBEM •>D [7ype of Recording Jurisdict on] [Name of Recording Jrriedicdon] Tar Parcel ID No 13-29-2445-014 SEE E.XHIBTT A ATTACHED HEF= AND MADE A PART HEREOF which currently has the address of 3717 LISBtW RD [Sweet] Pennsylvania 17055 ("Property Address"): MixHANIt SB[1R[CiN1 [Zip Code) TOGETHER WITH all the improvements now or hereafter erected an 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 h ERS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with law or custom, MFRS (as nominee for Lender and Leader's successors and assigns) hay the right: to exercise any or all A those interests, including, but not limited to, the right IDan No. 125106865 Fennsrlnnis MortgatteSinak FarailrFaanie MacTreddle Mac UNIKIRM tNSTRUM'ENT MERS Madded Form 3039 OUOI --Tar. COarn;rANCE SOUME. INC. Page 3 or 14 9911119111 ??pp ranntavu a... ewes 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 scised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the P.:operty 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 SECURI'T'Y INSTRUMEENT combines uniform covenants for national use and non-uniform covemmts with limited variations by jurisdiction to constitute a uniform security instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: and Late Char es 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, g Borrower shall pay when due the principal of, and interest on. the debt evidenced by the Note and any prepayment charges and Into charges due wider the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, hank check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Leader is not obligated to apply such payments at the time such payments arc accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender teed not pay interest on unappiied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance tinder IN-. 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; (h) principal due wider the Note; (c) amounts due under Secuon 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 wider this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the fill 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 applicadon of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the dux 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 Loan No: 125106865 Pennsylvania MortpgeSingle Family-Fannie MadFreddlr Mac UNIFpRM INSTRUMENT MERS Mndifkd Form 3039 01101 -Tlrx, comn"OCL sooacs:. N'C - Paar a 01'14 I1301M ano 11- eavs ." ..vMR. ??glll?0??6{DA4l? erM.n,.co.*11-Sour, L' Property; (b) leasehold payments or ground rents on the Prawrty. if any; (e) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage In:nrrance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in aerordaace with the provisions of Section 10. These items arc called "Escrow Items." At uri;tination or at any time during the tenet 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 pny Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time, Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, what 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 BUrrO'Ner fails to pay the amount due for an Escrow Item, Lender may exercise its rights colder 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, ulwn 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 tirne, 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 RE,SPA. 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 comings on the Funds. Borrower and Lander can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there is a surplus of Funds hold in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is it 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 Q monthly payments. Ifthere 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 lnstnuuent, Lender shall promptly refund to Borrower any Funds held by Lender. tines, and impositions 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, attributable to the property which can attain priority over this Security instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security instrument unless Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agitsemeffi; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If 1251p6865 - Ilan NO Pem6ytvanin MortpaXeSingle Family-FannieNatfirrtddit Mac UNIPIRM INSTRUMENT' HERS Modified Form 3939 41101 __Tnt COMPUANCa SOUR", INC.__.. Peat S 4f 14 OrODZn14MIM O sY- WO 6,?1 Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. VVlthin I0 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for areal 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 Properly insured against loss by fire, hazards included within the term "extended coverage," aid any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either (a) a one-time charge for flood zone detennination, certification and tracking services; or (b) a one-time charge for flood zone detemnination and certification services and subsequent charges each time remappings or similar changes occur which reasonably Wright affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federld Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the 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 mclmsting payment. All insurance policies required by Lender and renewids of such policies shall be subject to Lender's right to disapprove such policies, shall include u standard mortgage clause, slid 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 Lander requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. 1f Borrower obtains any font of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include u standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptht. 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. Foos for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums scoured by this Security Instrwnent, 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 day's 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 Lender acquires the Property under Section 22 or otherwise, Borrower hereby Loan No: 125106865 Pennsylvania Mortgage-Single Family-FLmue MaaBreddie Mac U,4JK,RM INSTRUMENT HERS Modifk ave r ? 9 rw1 -Tar. Comru&VCz SovaCC, Inc.- Page 6 N' li 1111091110§1900 pr,n_.ro.caa0??sw.l.. all/ assigns to Lender (a) Borrower's rights to any insurance proc,:eds in an amount not to exceed the amounts unpaid under the Note or this Security Jumument, and (b) any other o:° Borrower's rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies coveting the Property, insofar ac 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 Not or this Security Instrument, whether or not then due. 6. Occupancy. Borrower shall occupy, establish, sad use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall 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 withhold, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Malnteaance, and Protection of the Property; Inspretlons. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligatinn 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 ofthe improvements im the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal residence. 9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender's intermit in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemmation 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 runts under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority ovor this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument, including its secured position In a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change lochs, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. 11 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. Those 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. Loan • 125106865 Pennsytvsnis Momipgo-Single Family-Fannie NfaelFreddie Mae tJTYIFCiRM INS'[ttUrfXNT MkRS Modified Form a - rnC C( PLIANCE SOURCE. INC.-- Page 7 ul' 14 I AA?a®?D01U{SIN o,?,. r,. r ,? s . ?? o6r1 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 `Rest. 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 substantialy equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Leader requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required MortIpgo Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender ((it any entity that purchases the Note) for certain losses it may incur it Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate then 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. Those agreements are on terms and comiitiors 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 ofthese agreements, Lender, any purchwoer of the Note, another insurer, any reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further. (a) Any such agreements will not affect the amounts that Borrower 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 endue 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. Then rights may include the right to receive certain disclosures, to request: and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance prnniu ms that were unearned at the time of su.ch 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 in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds, if the restoration or repair is not economically 1A= No: 125106965 renmytvsoia Mortgage-Singk Famity-Fanak Mae/Frcddk Mac UN1PAN INSTRUMENT HERS Moditkd Farm 3039 01101 U p "WIMerna-c"s -TYIE COMrLr.H,'CE SOCnes: INC. -- Page 8 td IgIW??OW ¦?gl4l®9 Woos. "I co.*t s-re feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the 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 immediatey before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the. stuns 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, dostnretion, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due. If the Property is abandoned by Borrower, or if, alter notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to sutthi a claim for damages, Borrower fails to respond to Lender within 30 days after the dale 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 lnstrtanent, 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 ur 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 cr 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 aitribulable 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 Suceeusors in Interests 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 S.curity 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 consow. ioan No: 125106865____ Peamy1wala Mortgage Single Family-Fannie Mat/Fleddie lac UNIFtrRM INMUNIEPrr MERS Modified Form 303901/01 -Till. COMPUM'R8 SWUM INC.- Page 9 of 14 r?nlM r'ro w.. o ,,,? moos.re?aowll:,w.s- 1. Subject to the provisions of Section I&, any SucceSwr in Interest of Borrower who assume 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 trader this Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security Instrumern shall bind (except as provided in Section 20) and benefit the successors and assigns of Lender. 14. Loan Charges Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorneys' fees, prolerty inspection and valuation fees. In rogattd to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower stall not be construed as a prohibition on the charging of such fee. Ler.der 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 1 oan 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 awed 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 prepaymanr charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. iS 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 promptN notify Lender of Borrower's change of address. If Leader 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 d:; also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement wider this Security Instrument, 16. Governing Law; Severability; Rules of Cnnsi:ructlon. 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 I11Sltlrment or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security Instrument or the Note which con 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 discmdon without arty obligation to take any action. 17. Borrower's Copy. Borrower shall be given ont: copy of the Note and of this Security Instrument. 1& 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 band 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 thi. Property is sold or transferred (or if Borrower is not a nahiral person and a beneficial interest in Borrower is sold at transferred) without Lender's prior written consent, Loan No. 125106865 PcnnrylrAn{a•MortppgcSingle Famih•-Nn ait Mn/Freddie Mac t,'MF'O:RM INSTRlI.MEM' MFRS Modified Fore 30390U01 -I'M COMV1JAN(X SOURCa. INC. P•ae loot 14 1wIFA M" err. erns ??,M??.??m ?u®Wniou?a????? eroo,.rxceaowamsmaaau" Lender may require immediate payment in full of all sums secured by this security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration, If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security instnlment discontinued at any time prior to the earliest of: (a) five days before We of the Property pursuant to any power of sale contained in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument Those conditions are that Borrower: (a) pays Lender all suns which then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably require to assure that Lender's interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrumeut, 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) muney order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check is drawn upon art institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this Security instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of wceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Noti :e 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 Service") 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. Them also might In one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servic4a, Borrower will be given written notice of the change which will state the name and address of the new Loam Serviaer, the address to which payments should be made and any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servieer 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 conunence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this Security instrument, until such Borrower or Lender has notified the other party (with such notice given in compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a reasonable period after the giving of such notice to take corrective action, if Applicable Law provides a time period which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and the notice of accelamtion given to Borrower pursuant to Section IS shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum proclucts, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Eavironmental Law" means federal laws and laws of the jurisdiction where the Property is lasted that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as Loan No: 125106865 Pcnroylwaia MortppSinglt Family-Farmk Mae/Fuddle Mae UNIFORM INS'MUMFNf MFRS ModUkd Form 3039 01101 -1)0.' COMPLIANCE SoURCS_ INC.--- Page it Drrl ®1?pp?I l?ppgr?g Wy? m0pprpa? 1W9rANMR ,~ .,...,aw,.?"+,?n,¦ly®liill?0lf?llla NlUU amps. n? cwm:e. s,.,...r "" r 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 Emviromnental Condition, or (e) 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, usc, 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 I imited 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 ertual 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 leams, or is notified by any governmental or regulatory authority, or any private parry, that any removal or other remedistion of any Hazardous Substance effecting the Property is timessary, Borrower shall promptly take all necessary remedial actions it accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following Borrower's breach of any covenant or agreement In this Security Instrument (but not prior to acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d) that failure to cure the default as specified may result in. acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration and the right to assert is the foreclosure proceeding the non-existence of a default or any other defense of Borrower to acceleration and foreclosure- if the default is not cured as specified, Lender at its option may require immediate payment in full of all sums secured by this Security Instrument without further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expensat incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys' feet and costs of title evidence to the extent permitted by Applicable Law. 23. Release. Upon payment of all sums secured by this Security Instrument, this Security instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this Security Instrument Borrower shall pay any recordation costs. Leiner may charge Borrower a fee for releasing this Security Instrtmtent, but only if the fee Is paid to a third petty 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 fixture 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 Instruraent shall be a purchase money mortgage. 27. Interest Rate Arlen Judgment Borrower al;rees 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. Loan No: 125106865 rennsyrvaais Mortp le Siagia Family.Fannie MadFreddie Mac UNIM., INSMUMFNT MFRS Mo?antd Form 3a79 eVal -THY, COMP"ANCe SOVRee, Inc.- Page 12 of 14 ap?nai?p fa?a1 fa?nnuf tuns. ana a-. arcs .wv..ruaesu.nawwa».. ?WI®IaR?F//D/nI/fn//IY//?IaalMil aum.rsecwsi:?.sa,r.ww t/? t&gnstwas On FOdeswng Pagel BY SiGMNG BELOW, BnrreWer accepts and aV-, to the terns and covenants contained in this Sccurity Instruntcnt and in any hider executed by Borrower and recorded with it. Certificate of Residence: Me, do hereby certify that the precise address of the within naMOd mortgagee, assignee or person entitled to interest -(Seal) LWOW" /Printed Nmnr/ -(Seal) .Borrower [Printed Nome] (Seal) Ba rowv (Printed Namr) r u« .? dz (° d..-0 Sts' i (Seal) .Barrowcr tPrinl tdNaWdNaoreJ GMUSKO S. lAckmwiedgment on FOAOw1ng Pagel i,oan No: 125106865 Mt7iti Mudlnea Form 1039 ovot Pcnmylvania Moripp-SYnBle Family-F'annle Mae/IYeddie Mar I1KIP)HM INYMUMEPrt' uarr+aw. a...aNrs --1'we r=FLIANCE Souacv INC. Pagr 13 of 14 i ??ttqrq1?((??pp?tpp??r?yq??gg?? ?NB(m? p20os, r?.JOIrA"R".a-M .eowcrn..nue.aw?WL7Ut111111?l11l??WWU State of °4 County of _ f.9 t' I?A>u On this, the j C /day of ?? ?N cy J-rv J , before me -7"' c , the undersigned officer, personalty appeared LAURA S. GIDUSKO ?? ozx?' y- known to me (or satisfactorily proven) to be the person(s) whose name(s) is/are 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 seal. JAMES F. COOK NOTARY PUBLIC Commonwealth of Virginia County of Fairfax Si?.?tu e (Seal) M, (.,0r11nISS10i &pires March 31,20% Ajo Tidu. tPwa ' -- Loam No: 125106865 Pennsylvania MortBata kWc Famiry-Fannle Mmtfrmddic Mat UNIFORM tNSMUMENT N?Jt.S Modlned Form 307901/01 -Trn: CnM PLI NCE SovaCE, 1,1C.- Pagt 14 of 14 ' WET" C140 a... D+ FIXEDIADJUSTABI_E RATE RIDER (LIBOR ARM BALLOON LOAN • Rate Caps) Loan #: 125106865 MIN: 100055401251068658 THIS FIXEDIADJUSTABLE RATE RIOERis made this 10th day of January, 2007, and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Deed to Secure Debt (the "Security instrument") of the same date given en Aby the undersigned (the "Borrower") to secure Borrowers Note to IND)DIAC BANK, r FEDERALLY CHARTERED SAVI= BANK (the "Lander") of the same date and covering the property described in the Security Instrument and located at: 3717 LISIAM RD, MDCHNNICSPURG, PA 17055 [Property Address] THIS NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST AL OWING CHANGES ADJUSTABLE N THE INTEREST RATE N AND HAS MONTHLY UM INTEREST RATE THE PAYMENT. THE NOTE RATE CAN CHANGE ATI ANY ONE TIIAO E AND THE BORROWERS BORROWER MUST PAY. ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further covenant and agree as follows: A. 1NTERESTRATEAND MONTHLY PAYMENT CHANGES The Note provides for an Initial fixed interest rate of 8.250 %. The Note also provides for a change in the initial fixed rate to an adjustable interest rate as follows: 4. INTEREST RATE AND MONTHLY PAYMENT CHANGES (A) Change Dates The initial fixed interest rate I will pay will change to an adjustable interest rate on the first day of February, 2009 , and the adjustable interest rate I will pay may change on that day every 6th month thereafter. The date on which my initial fixed interest rate changes to an adjustable Interest rate, and each date on which my adjustable Interest rate could change is called a "Change Date." (B) The Index Beginning with the first Change Date, my interest rate will be based on an Index. The "Index" is the average of interbank offered rates for six-month U.S. dollar-denominated deposits in the London market ("LIBOR"), as published In The Wall Street Journal. The most recent Index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is c*dled the "Current Index." MULTISTATE FIXEDIADJUSTABLE RATE RIDER (LIBORIndex)- Single Family page 1 of 4 u"al' Form A 11 8480796 (0505) VMP Mortgage Solutlon:t, I . (800)521-7291 5/05 W if the Index is no longer available, the !Vote Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate my new interest rate by adding six and NO/1000ths percentage points ( 6.000 %) to the Current Index. The Note Holder will then round the result of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay the unpaid principal that I am expected to owe at the Change Date on the "Amortization Period Date" at my new interest rate in substantially equal payments. The Amortization Period Date is 02/01/2047 , which is greater than the Maturity Date. The result of this calculation will be the new amount of my monthly payment. I acknowledge that this amount will not be sufficient to repay my loan in full on the Maturity Date and that I may owe a significant amount to the Lender on the Maturity Date. (0) Limits on Interest Rate Changes The interest rate I am required to pay at IN) first Change Date will not be greater than 11.250 % or less than 6.000 %. Thereafter, my adjustable interest rate will never be increased or decreased on any single Change Date by more than one percentage points ( 1.000 %) from the rate of interest I have been paying for the preceding 6 months. My interest rate will never be 14.250 %. (E) Effective Date of Changes My new interest rate will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment charges again. (F) Notice of Changes The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change. The notice will include the amount of my monthly payment, any information required by law to be given to me and also the title and telephone number of a person who will answer any questions I may have regarding the notice. B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER 1. Until Borrowers initial fixed interest rate changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument shall read as follows: 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 11 1111111111II111111111111111111111111111811111111 Loan NO: 125106865 Form 4301 6480796 (0505) Page 2 of 4 5105 If all or any part of the Property or eny 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 Lenders prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a periori of not less than 30 days from the date the notice is given in accordance with Sec53n 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 2. When Borrower's initial fixed interest rate, changes to an adjustable interest rate under the terms stated in Section A above, Uniform Covenant 18 of the Security Instrument described in Section B1 above shall then cease to be in effect, and the provisions of Uniform Covenant 18 of the Security Instrument shall be amended to read as follows: 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 R Borrower is not a natu al person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by this Security Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. Lender also shall not exercise this option if (a) Borrower causes to be submitted to Lender information required by Lender to evaluate the intended transferee as if a new loan were being made to the transferee, and (b) Lender reasonably determines that Lender's security will not be impaired by the loan assumption and that the risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument unless Lenber releases Borrower in writing. fifllIlI Loan No: 125106865 Form 4301 8480786 (0505) Page 3 of 4 5105 If Lender exercises the option to require imm?klate payment in full, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums prior to the expiration of :his period, Lender may invoke any remedies permitted by this Security Instrument wthoul further notice or demand on Borrower. BY SIGNING BELOW, Borrower accents and agrees to the terms and covenants contained in this Fi !Adjustable Rate Rider. eat) (Seal) IA S. GID[IS Borrower -Borrower (Seal) _ (Seal) - -Borrower -Borrower (Seal) -Borrower --- - (Seal) -Borrower - (Seal) (Seal) -Borrower -Borrower Form 4301 roan No: 125106865 of 4 5105 8480796 (0505) Page 4 III NUNN1110111 ADDENDUM TO FIXEDIADJ'USTABLE RATE RIDER Loan #: 125106865 THIS ADDENDUM to the Fixed/Adjustable Rate Rider is made this 10th day of January, 2007 , and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Dee(i to Secure Debt (the "Security Instrument") and Fixed/Adjustable Rate Rider of the same date given by the undersigned (the "Borrower") to secure Borrower's Note to INDYMAC BANK, F.S.B. , A FEDERALLY CHAR4ERED SAVINGS BANK (the "Lender") of the same date and coveriml the property described In the Security instrument and located at: 3717 LISBM RD, MECHMIICSBORG, PA 17055 (Property Address] ADDITIONAL COVENANTS. In Addition to the covenants and agreements made in the Security Instrument, Borrower and Lender further awenant and agree as follows: 1. Section4(D? of the Fixed/AdjustableRcite Rideris modifiedas follows: The interest rate I am required to pay at the first Change Date will not be greater than 11.250 % or less than 6.000 %. Thereafter, my interest rate will never be Increased or decreased on any single change Date by more then one and NO/1000ths percentage point(s) ( 1.000 %) from the rate of Interest I have been paying for the preceding 6 months. My interest rate will never be greater than 14.250 % or less than 6.000 %. Indac Bank ARM Addendum to Fixed/Adjustable Rate Rider Multistate IIIIIII ?'III?II?III?I?1II111?{IuI11111I u Page 1 of 2 1075 8480345 (0602) VMP Moiigage Solutions, Inc. 2106 (Seal) Borrower (Seal) -Borrower -^ (Seal) -'` Borrower (Seal) - -Borrower (Seal) _ (Seal) -Borrower -Borrower IIIININII?i111111BN1IIINIINN?IIIII I??II?MIININII 1075 8480145 (0602) Page 2 of 2 2106 LO be recorded gland County PAL )ZL cCorder of Deeds eal) ^--.__-_ (Seal) - -Borrower KO -Borrower ALL THAT CERTAIN PIECE AND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRI ED A CCaU S N'TY OF CUMBERL FOLLOWS, TO WIT: BEGINNING AT A POINT IN THE CENTER LINE OF LEGISLATIVE ROUTE #21014, AT THE CORNER OF LANDS NOW OR FORMERLY OF B. F. KECKLER AS SHOWN ON THE HEREINAFTER MENTIONED PLAN; THENCE BY THE CENTER LINE OF SAID LEGISLATIVE ROUTE BY OTHER LANDS 4, NORTH OR 32 DEGREES 33 MINUTES WEST, 200 FEET TO A POINT; HENCE NOW FORMERLY OF PAUL L. CRESSMAN, JR. AND THELMA M. CRESSMAN, HIS WIFE; NORTH 64 DEGREES 12 MINUTES EAST 404 FEET TO A POINT ON THE BANK OF THE 76 F EOT TO AEECH S CREEK; THENCE BY SAID CREEK, SOUTH 24 DEGREES 26 MINUTES EAST, POINT; THENCE BY LAND NOW A POINT, ORTFORMER PLACE OF B. F. KECKLER, SOUTH 60 DEGREES 45 MINUTES WEST, 377 FEET SUBJECT, NEVERTHELESS, TO A THIRTY (30) FOOT S1'-,T-BACK LINE FROM THE ULTIMATE RIGHT- OF-WAY LINE OF LEGISLATIVE ROUTE #21014 AS SHOWN ON SAID PLAN. HAVING THEREON ERECTED A SINGLE BRICK AND ALUM MM DWELLING HOUSE. BEING THE SUB- OI1 1965, AND RECORDED IT THE CUMBERLAND COUNTY RE ORDER'S WIFE, DATED D OFFICE IN PLAN BOOK 17, PAGE 14. The improvements thereon being known as 3717 Lisburn Road, Mechanicsburg, PA 17055. BEING the same property which, by Deed dated June 18, 1971, and recorded July 9, 1971 in the Office of the Recorder of Deeds of the County of Cumberland, Pennsylvania, in Book F, 24, Page 216, was granted and conveyed by Andrew M. Gidusko unto Laura S. Gidusko. and recorded in Book March P19 age 9 8 in the BEING further the same property which, by Deed dated February 29, 1968, Office of the Recorder of Deeds of the County of granted and conveyed by Ira Pollack and Gladys M. Pollack, his wife, unto Andrew M. Gidusko and Laura S. Gidusko, his wife. 1- 4-l a 0Q Q V C3?r S !?J GJ N c_.n cam.:, Y1 ?.J c " I McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Indymac Federal Bank FSB 155 N. Lake Avenue Pasadena, California 91101 V. Louise M. Breski, Only Known Surviving Heir of Laura Gidusko Deceased Mortgagor and Real Owner 3610 Rutherford Street Harrisburg, Pennsylvania 17111 and Unknown Surviving Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner 3717 Lisburn Road Mechanicsburg, Pennsylvania 17055 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, Indymac Federal Bank FSB, by its counsel, moves this Honorable Court for an Order directing service of the Complaint and of all subsequent notices and pleadings that require personal service, including Notice of Sheriff's Sale upon Defendant, Unknown Surviving Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner by mail and by posting the mortgaged premises and by publication and in support thereof, avers the following: Laura Gidusko was an individual and is the sole record owner and mortgagor of the premises that is the subject of Plaintiff's action in Mortgage Foreclosure. Laura Gidusko is deceased, having departed this life on October 20, 2007. No estate or administration has been opened as a result of the demise of Laura Gidusko. Accordingly, Unknown Surviving Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner have been named as Defendants to this foreclosure action. The premises that is the subject of this mortgage foreclosure action is 3717 Lisburn Road, Mechanicsburg, Pennsylvania 17055 and is the last known address of the decedent. Plaintiff has been unable to identify and/or locate additional heirs of Laura Gidusko. An Affidavit of Reasonable Investigation setting forth the specific inquiries made and the results therefrom is attached hereto, made a part hereof and marked as Exhibit "A". 5. Plaintiff will never be able to personally serve the Complaint and subsequent pleadings upon the Unknown Surviving Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner. Pursuant to Pennsylvania Rule of Civil Procedure 430(b)(2), service upon Unknown Heirs may be made by publication. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order pursuant to Pennsylvania Rules of Civil Procedure 430 and 3129.2(D) directing service of the Complaint by posting, publication and by mail and further directing that all subsequent Notices and pleadings that require personal service may be served in this manner except that publication of the Notice of Sheriff's Sale by the Sheriff set forth in Pa.R.C.P 3129.2(D) is legally sufficient and Plaintiff need not republish the Notice of Sheriff's Sale. McCABE, WEISBER D?NWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Indymac Federal Bank FSB 155 N. Lake Avenue Pasadena, California 91101 V. Louise M. Breski, Only Known Surviving Heir of Laura Gidusko Deceased Mortgagor and Real Owner 3610 Rutherford Street Harrisburg, Pennsylvania 17111 and Unknown Surviving Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner 3717 Lisburn Road Mechanicsburg, Pennsylvania 17055 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. Furthermore, Pennsylvania Rule of Civil Procedure 430(b)(2) specifically provides: (2) When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the complaint or an affidavit that they are unknown. Plaintiff has named Louise M. Breski, as Defendant in this action as known heir of Laura Gidusko. However, Plaintiff has been unable to identify and/or locate additional heirs of Laura Gidusko. WHEREFORE, Plaintiff respectfully requests this Honorable Court to enter an Order pursuant to Pennsylvania Rules of Civil Procedure 430 and 3129.2(D) directing service of the Complaint by posting, publication and by mail and further directing that all subsequent Notices and pleadings that require personal service may be served in this manner except that publication of the Notice of Sheriff's Sale by the Sheriff set forth in Pa.R.C.P 3129.2(D) is legally sufficient and Plaintiff need not republish the Notice of Sheriff's Sale. McCABE,_.WEISB GAND CONWAY, P.C. BY:? Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 lndymac Federal Bank FSB 155 N. Lake Avenue Pasadena, California 91101 V. Louise M. Breski, Only Known Surviving Heir of Laura Gidusko Deceased Mortgagor and Real Owner 3610 Rutherford Street Harrisburg, Pennsylvania 17111 and Unknown Surviving Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner 3717 Lisburn Road Mechanicsburg, Pennsylvania 17055 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number AFFIDAVIT OF GOOD FAITH INVESTIGATION 1, J try-t"g , J. #-t 0-b?.Esquire, hereby aver and swear that I am the attorney of record for the Plaintiff, Indymac Federal Bank FSB in this action and a licensed member of the Bar of this Commonwealth and that I am authorized to execute this Affidavit on behalf of Plaintiff. I further aver and swear that the following inquiries have been made in an effort to discover the whereabouts of Defendant, Unknown Surviving Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner in this action. A Exhibit The Decedent died while she was a resident of the City of Mechanicsburg and while residing in Mechanicsburg, Pennsylvania, as indicated by her death certificate attached hereto, made a part hereof and marked as Exhibit "B". 2. Plaintiff has conducted a search of the records of the register of Wills in and for the County and City of Mechanicsburg the last known residence of the decedent but no letters testamentary or letters of administration have been granted to settle the estate of Laura Gidusko, deceased. Plaintiff has obtained a property search of the mortgaged premises located at 3717 Lisburn Road, Mechanicsburg, Pennsylvania 17055. which indicates that the record owner of the premises is Laura Gidusko. A true and correct copy of said property search is attached hereto, made a part hereof and marked as Exhibit "C". 4. Plaintiff has communicated with Auer Memorial Home & Cremation Services by telephone in an effort to obtain information regarding the identity and whereabouts of the heirs, devisees and/or personal representatives of Laura Gidusko, deceased but such efforts were unsuccessful. 5.Defendant, Louise M. Breski is the only heir of Laura Gidusko known to Plaintiff. No other heirs are known. Sworn to and subscribed this `f'1 1 ?p day of t "'?a( 200f Notary Public c "WOW 1LT" of .v Fy ELLYA. C?ASFI N Comm?issw ep?is FP?ary un X11 1 McCABE, WEISBERG, D CO WAY, P.C. BY: f Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE This is to certify that this is a true copy of the record which is on file in the Pennsylvania Division of Vital Records in accordance with Act 66, P.L. 304, approved by the General Assembly, June 29, 1953. WARNING: It is illegal to duplicate this copy by photostat or photograph. 4721619 No. Y rYK MRO M MAX ddt 2 Rrgo? ff Frank Yeropoli State Registrar OCT 14 200 - Date CORRECTED ITEM (S) : 2 commONWEALTH OF PENNSYLvANIA • oEPARTMENT of HEALTH - VITAL RECORDS PER: FD DATE:11-28-07rc CERTIFICATE OF DEATH (8M In UuMom end exuapbe on Pvam) SPATE FU 105749 MadDrdrr P?r.brdabat MO 28d &BomarM "" !. 010 dry, Pw) Laura Elisabeth Gidnsko Fe>hale 191 -is 1990 o+(e 0 00 7 AP 90 awda„ UMW 1 &CMdad, 7. Odom v ?PrarD1A No" a. Maw d." tbaPbt add: 83 ril 6 1924 Harrisburg P A YR , , ?INJCUWr ?MA ? H M O Irad.,r ?DbW• Card Drb C215Pww4daaad, id MW ?%* o P"Aaddarbft%Mdi"ft t umberland t Penusboro T". f so + OS i?Q vwr .nt 1APa M flhite Wadabr ,awr rrr tt. P/dlbM"Ma"NWar ccount Mark U. tdwover?a ent I ! p ? ??? ?`°?t,?«&? w ,, 9 Divor ed o..d.ewyAddw(9.ddVi* Mft*ma) DbDmad.rd 717 Lisburn Boad Add +a ad. IA.ba ,n?>kadad.dlAadb T* + achanicabur Penns 17055 l ni I%flo +m• ?+r Cumberland v lbae+ifechaaicsburg g y va a r rwPl T14dria raI d1i9 "C"Z J t)urs m'" NZ1 en Tr °eama! p 23a Ydum Nanfts l" Sk'' M M1§gAd*..lt MK*1W^*K*Q0M Mrs. Louise K. sreski 3610 Rutherford Street, Harrisburg, PA 17111 2ILMONAdelfte M GPMMM ?Drdaa 20. Dar d CYpr6l tea^ dry, srq t1LArd0W0MMPkft41 M%awraYWdWPIW fldlmb.IW/rR rlr.?adN a?P,&M ? ftlaw"waft *edelrMftW rlA?p1M?NO tuber 25, 2007 Creation Society of PA isburg, PA 17109 v d 3rdr W lEft no ZILUMabMriq 22tNrdrdArM41FW lP Beaorial ROM i Creaation Services. Inc. ? L yvlt 11D138453 ? 100donestosu oa ,garrisba Pennsylvania 17109 brM21O0'd7ddaae" 23L lbft bad 07rMrd0N 60 om W aft to. ddo rdpba a dL ft sn nddr) 231L UMMMniq 23o.0db 0*MMraddWWad%Mddarn10 are! ar ddra •darimnMdbeawo db7pa 21.7k=d DNM ffi. D* Pradabad rM.Pr) Pd.4 2a Prd CrPPirrbdblydrl6rlrMrlCaonr br,Raa, OiddarCn..dr«Danrbrlt 09"/1 ao a00-7 ?V. ?ft CMME OF OLAIIi tidi bldrlydar and ?qa? r Appoiaarsdrar W27-Pot 6darM ?-drrr.Y}dr,«mdpmisd-rddYO?ardbdrY?D010farPrldnid,wiYaAr/adao crud, r OnrlbDdi Potbrdw Wrid dddigrNraYlAVaw9Mur Prtt 2a odTOiadrllr CardbrbDadd ? 1M []P.rahA' n?Iei¢?dd?yPdwr.«rada4Mronar,edrdaYOMdpbN. UdorYaaawan gd?ib. r ?mi(? Mra r ? t , « r ai.dMMbddb) 2a d Rad, ?.? a u1dAM ??? r ? Qrbprr,?°? eE ? NdnavddwtNrvaPMr rtaarmer,nlaw. 0. XOlI t ? ? ?PPWM at it d dadh drbprra dk CMe! ?NdI 9 rdPa,P,dldli ?2 dq. a aMr??3Y1e1lMrMdIMM ! dd1M b t«ramrMapMMf dk ?Ndp- bdFWM43drya,o17rr CL bMw drb ? UdoMaM Ppnp,rd.id,IMPad7ad 31, Wr rAdryry Pwbnaad/ Mk WaMAd%W Frdpt Hlmb CaaPddm 31. d ona 32a Dala d MW WWdk ft ya) 3ID. Daaadr Ha MdP OoadM ML PWM lal! N.ay Pan4laal4 Fidn dCMf CrwdoMi1 NMtd ? erdna. NP?d?adl/7! / ?? M- / ?Y" C;ro ?AOQ?d ?PWAV Mirwd" 2A. MnPrWaM 2PC2TmgdYPalMq'Riory) 3ftUMMd"0k6K dlP1%ft0r) []SAW ?aaNraodrwd j ?yu ?Pb awl ?Pr.agr ?Pdb111n AL 3h C0MK"Mdadp my 33b 84Maw aM • ar3de P4*"APdM wAAdr2awof"rhraidMrP31dir1Mad«waddMrrd mire- rr24 _..^? " *eP YadrNdK doaionwdrMYMenMyal --------------------------------- (lac' _' ' 7adMMiryrdwl?YMPPP P'17atlwlMiPnadwMl M/iulmid)MgbadrdAadi) U• Mdgw7 Maddp dadb ran.dre dar d d r dMbM ? 33e.llar 3X00 ? , a ,a a,n oa, r P a.ygdwrnrraW--------- ------ • rad ,dldrd,C l.d --- a?//^??ya 4 oa ? f e M a P a.wrrad?ddraEwer, q arwr w d ? W ! I? y ¦PaP aadwardw gdrrwdrdadPrraddwrwrrM?.d....rwrd 3a.PbabdAdlordAwm1 MCd?YMlCradWblidn27) 71PlPM ; F,yddrY iii ?i 'i ?a "" 't2i A CA*M M-n. 0 okwMIM PM0 No. 0070508 E xhibit B ARACOR Search and Abstract Services, Inc. One Penn Center, 1617 J.F.K. Boulevard, Suite 305 Philadelphia, Pennsylvania 19103 (215) 496-0900 FAX (215) 496-0904 RECORD OWNER AND LIEN CERTIFICATE Effective Date: 9/5/2008 Revised Date: 10/1/2008 Order Number: A133705 Client Number: D849900 Premises: 3717 LISBURN ROAD TOWNSHIP OF LOWER ALLEN CUMBERLAND COUNTY PA Based upon the examination of evidence in the appropriate public records, Company certifies that the premises endorsed hereon are subject to the liens, encumbrances and exceptions to title hereinafter set forth. This Certificate does not constitute title insurance; liability hereunder is assumed by the Company solely in its capacity as an abstractor for its negligence, mistakes or omissions in a sum not to exceed Two Thousand Dollars. DESCRIPTION ALL THAT CERTAIN piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: BEGINNING at a point in the center line of Legislative Route #21014, at the corner of lands now or formerly of B. F. Keckler as shown on the hereinafter mentioned plan; thence by the center line of said Legislative Route #21014, North 32 degrees 33 minutes West, 200 feet to a point; thence by other lands now or formerly of Paul L. Cressman, Jr., and Thelma M. Cressman, his wife; North 64 degrees 12 minutes East 404 feet to a point on the bank of the Yellow Breeches Creek; thence by said creek, South 24 degrees 26 minutes East, 176 feet to a point; thence by land now or formerly of B. F. Keckler, South 60 degrees 45 minutes West, 377 feet to a point, the place of Beginning. TAX PARCEL #13-29-2445-014 Exhibit C ATTACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE Order Number: Al 33705 Client Number: D849900 RECORD OWNER TITLE TO SAID PREMISES IS VESTED IN Laura S. Gidusko by Deed from Andrew M. Gidusko, dated 6/18/1971 and recorded 7/9/1971 in Deed Book E, Volume 24, Page 216. Subject to the encumbrances and claims as follows: TAXES: Receipts for Township, County and School Taxes for the years 2005 to 2007, inclusive. Township, County and School Taxes for current year 2008. (Payment should be verified) Assessment $127,570.00 (Tax Parcel #13-29-2445-014) WATER AND SEWER RENTS: Receipts for Water and Sewer Rents for the years 2005 to 2007. Water and Sewer Rents for current year 2008. (Payment should be verified) MECHANICS AND MUNICIPAL CLAIMS: None MORTGAGES: $178,200.00 - Laura S. Gludsko To: Mortgage Electronic Registration Systems, Inc., as Nominee for Indymac Bank, FSB Dated: 1/10/2007 Recorded: 1/19/2007 Record Book 1979 Page 4711 Mortgagee's Addr: P.O. Box 2026, Flint, MI 48501-2026 MORTGAGE IS INDEXED UNDER LINDA S. GIUDSKO INSTEAD OF LINDA S. GIDUSKO. JUDGMENTS: None BANKRUPTCIES: None 2 ATTACHED TO AND FORMING A PART OF RECORD OWNER AND LIEN CERTIFICATE Order Number: A133705 Client Number: D849900 REQUIREMENTS/EXCEPTIONS: 1. COUNTY RECORDS INDICATE TAXES FOR THE YEAR 2007 IN THE AMOUNT OF $2,210.93 ARE UNPAID; SUBJECT TO INTEREST, PENALTY, COST AND FEES. 2. NOTICE: The current public records fail to reflect any indications of the existence of a Homeowners or Condominium Association. Proof to be provided that subject premises is not a part of nor subject to assessment fees, service dues, or other charges of a Homeowners or Condominium Association; otherwise, receipts to be produced and filed with Company. 3. NOTICE: Probate Search of the above identified owner(s) disclosed no estate filed of record. 4. Title to that portion of the premises lying in the bed of Legislative Route #21014 is subject to public and private rights. 5. A stream of water flows along premises hereon, subject to riparian rights of owner(s) of ground abutting said stream. 6. Conditions shown in Plan Book 17, Page 14. 7. Right of Way to Lower Allen Township in Misc. Book 483 Page 1077. 8. Subject to a 30 foot set back line from the ultimate right-of-way line of Legislative Route #21014. 9. IMPORTANT NOTICE: Notice required under Rule 3129 for any possible outstanding support obligations filed of record or with the Domestic Relations section of the County, and the Commonwealth of Pennsylvania, Department of Welfare. 10. Possible additional assessment for taxes on any new construction or major improvement to premises. 11. Subject to any and all recorded Rights, Restrictions, Easements, Covenants, etc., that may appear of record. 12. NOTICE: THIS REPORT DOES NOT INCLUDE ANY COPIES, PLEASE IDENTIFY ANY DOCUMENT(S) YOU MAY REQUIRE COPIES OF AND THEY WILL BE PROMPTLY ORDERED AND FORWARDED TO YOU AT A MINIMUM COST. BL/nm 3 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 Indymac Federal Bank FSB 155 N. Lake Avenue Pasadena, California 91101 V. Louise M. Breski, Only Known Surviving Heir of Laura Gidusko Deceased Mortgagor and Real Owner 3610 Rutherford Street Harrisburg, Pennsylvania 17111 and Unknown Surviving Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner 3717 Lisburn Road Mechanicsburg, Pennsylvania 17055 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number CERTIFICATE OF SERVICE I hereby certify that service of a true and correct copy of the Mortgage Foreclosure was made on the 9th day of February, 2009 to the individual(s) named below by United States Mail, Postage Pre-Paid. Louise M. Breski, Only Known Surviving Heir of Laura Gidusko Deceased Mortgagor and Real Owner 3610 Rutherford Street Harrisburg, Pennsylvania 17111 Unknown Surviving Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner 3717 Lisburn Road Mechanicsburg, Pennsylvania McCABE, WEISBER A D CONWAY, P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ? lJ c? "r't ti.? ---'? w? i .? ?;? +!' G? y '1 -i SHERIFF'S RETURN - OUT OF COUNTY CASE NO: 2009-00782 P COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND INDYMAC FEDERAL BANK FSB VS BRESKI LOUISE M ET AL R. Thomas Kline Sheriff or Deputy Sheriff who being duly sworn according to law, says, that he made a diligent search and and inquiry for the within named DEFENDANT BRESKI LOUISE M but was unable to locate Her deputized the sheriff of DAUPHIN to wit: in his bailiwick. He therefore serve the within COMPLAINT - MORT FORE County, Pennsylvania, to On March 6th , 2009 , this office was in receipt of the attached return from DAUPHIN Sheriff's Costs: Docketing 18.00 Out of County 9.00 Surcharge 10.00 Dauphin Co. 47.25 nn u2 .4 -.' 03/09/2009 MCCABE WEISBERG Sworn and subscribe to before me this day of so answer -i ----- ---/ice R. Thomas iTies' Sheriff of C erland County A. D. >- Ctn r' iV t • °._i .t ? ?? 4 !j LU %L F- . Ell LS.. Q C7% 4 ?'V SHERIFF'S RETURN - NOT FOUND CASE NO: 2009-00782 P COMMONTWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND INDYMAC FEDERAL BANK FSB VS BRESKI LOUISE M ET AL R. Thomas Kline ,Sheriff or Deputy Sheriff, who being duly sworn according to law, says, that he made a diligent search and inquiry for the within named DEFENDANT TENANTS/OCCUPANTS but was unable to locate Him in his bailiwick. He therefore returns the COMPLAINT - MORT FORE NOT FOUND , as to the within named DEFENDANT TENANTS/OCCUPANTS 3717 LISBURN RD MECHANICSBURG, PA 17055 HOUSE WAS FOUND TO BE VACANT. Sheriff's Costs: Docketing Service Affidavit Surcharge Not Found So answer 6.00 14.40 .00 R. Thomas Kline 10.00 Sheriff of Cumberland County 5.00 35.40 MCCABE WEISBERG 03/09/2009 Sworn and Subscribed to before me this day of , A.D. c? Lid C't: cry : ? <r 27 c N to Ll.. Q N ' Ca (Ailixit of the '94'rw Ma%Jane Snyder R Estate Deputy William T. Tully Solicitor Commonwealth of Pennsylvania County of Dauphin Dauphin County Harrisburg, Pennsylvania 17101 ph: (717) 780-6590 fax: (717) 255-2889 Jack Lotwick Sheriff Charles E. Sheaffer Chief Deputy Michael W. Rinehart Assistant Chief Deputy INDYMAC FEDERAL BANK FSB VS LOUISE M BRESKI Sheriffs Return No. 2009-T-0413 OTHER COUNTY NO. 2009782 And now: FEBRUARY 24, 2009 at 1:25:00 PM served the within COMPLAINT IN MORTGAGE FORECLOSURE upon LOUISE M BRESKI by personally handing to LOUISE M BRESKI 1 true attested copy of the original COMPLAINT IN MORTGAGE FORECLOSURE and-making known to him/her the contents thereof at 3610 RUTHERFORD STREET HBG PA 17111 Sworn and subscribed to before me this 25TH day of February, 2009 A7??? NOTARIAL SEAT. ARY JANE SNYDER, Notary Publi Highspire, Dauphin County M Commission E ices St i 2010 So Answers, Sheriff of Dauphin County, Pa. - By ?W-? - Deputy Sheriff Deputy: M EMBREY Sheriffs Costs: $47.25 2/19/2009 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 Attorneys for Plaintiff Philadelphia, Pennsylvania 19109 (215y790-1010 Indymac Federal Bank FSB 155 N. Lake Avenue Pasadena, California 91101 Cumberland County Court of Common Pleas V. Louise M. Breski, Only Known Surviving Heir of Laura Gidusko Deceased Mortgagor and Real Owner 3610 Rutherford Street Harrisburg, Pennsylvania 17111 and Unknown Surviving Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner 3717 Lisburn Road Mechanicsburg, Pennsylvania 17055 Number 09-782 SUPPLEMENT TO MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT 7. Pursuant to Local Rule 208.2(d), Counsel for Plaintiff hereby certifies that it has attempted to secure concurrence of opposing counsel to this motion, but as service of Complaint is not completed, there is no opposing counsel of record. Pursuant to Local Rule 208.3(a), Counsel for Plaintiff hereby certifies that no Judge has previously ruled on any other issue in this matter. McCABE, WEISBERG, AND CONS P.C. BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQUI MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE I 20991 i PI-I 2. 16' y; Sheriff s Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor t±.s~ulr of '~?mbrr~~h~ }~ ,.~ •L.S ~`-j9~ ti 2`.-.. ~~~c~ ~~ -~,: SN~~»=~ FlL~~~~I~i=~t~EE 4~ THE P~`~~?1~'~?~'°~rARY Z~BQ ~~~~. z2 ~~ ~~ } pt=~~~d~'~~.v;~~+~,a Indymac Federal Bank FSB Case Number vs. Louise M. Breski, Only Known Surviving Heir of Laura Gidusko Deceased 2009-782 SHERIFF'S RETURN OF SERVICE 07/21/2009 07:10 PM -William Cline, Deputy Sheriff, who being duly sworn according to law, states that on July 21, 2009 at 1910 hours, he served a #rue copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Unknown Surviving Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner, pursuant to order of court by posting the premises located at 3717 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania 17055 with a true and correct copy according to law. SHERIFF COST: $43.00 July 22, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheriff w x':11. r `.';~ A SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Edward L Schorpp Solicitor ,xti,~~ ~~ ~~3 ~~ ., ,~..., ~,__., Indymac Federal Bank FSB vs. Louise Breski Case Number 2009-782 SHERIFF'S RETURN OF SERVICE 09/29/2009 05:50 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on 09-29-09 at 1745 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 Louise M. Breski & Unknown Surviving Heirs of Laura Gidusko, Deceased, located at 3717 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 09/29/2009 05:50 PM -Timothy Black, Deputy Sheriff, who being duly sworn according to law, states that on 09-29-09 at 1745 hours, he posted a true copy, pursuant to Court Order, of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Louise M. Breski & Unknown Surviving Heirs of Laura Gidusko, Deceased, located at 3717 Lisburn Road, Mechanicsburg, Cumberland County, Pennsylvania according to law. 10/15/2009 R. Thomas Kline, Sheriff who being duly sworn according to law, states that he made a diligent search and inquiry for the within named defendant to wit: Louise M. Breski, only surviving Heir of Laura Gidusko, Deceased, Mortgagor and Real Owner, but was unable to locate her 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 5th day of October 2009, served the within Real Estate Writ, Notice of Sale and Description upon Louise M. Breski, only surviving Heir of Laura Gidusko, Deceased, Mortgagor and Real Owner, the defendant, by making known unto Louise M. Breski at 3610 Rutherford Street, Harrisburg, Pennsylvania its contents and at the same time handing to her a true and correct copy of the same. So Answers: J.R. Lotwick, Sheriff of Dauphin County, Pennsylvania. 10/28/2009 Dauphin County Return and now, the 5th day of October 2009, served the within Real Estate Writ, Notice of Sale and Description upon Louise M. Breski, only surviving Heir of Laura Gidusko, Deceased, Mortgagor and Real Owner, the defendant, by making known unto Louise M. Breski at 3610 Rutherford Street, Harrisburg, Pennsylvania its contents and at the same time handing to her a true and correct copy of the same. So Answers: J.R. Lotwick, Sheriff of Dauphin County, Pennsylvania. 12/09/2009 Real Estate Property sold back to Mortgage Company for 1.00 on 12/9/09 01/11/2010 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 December 9, 2009 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Michael Clark, on behalf of The Bank of New York Mellon, as Trustee forAmoritizing Residential Collateral Trust 2002-BC1, of, 12650 Ingenuity Drive, Orlando, FL, 32256, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 942.66 SHERIFF COST: $942.66 January 11, 2010 SO ANSWE ~~ ~ ~ ~~' ~ZONNY R ANDERSON, SHERIFF. ~~ y. Old u c.k ~~ ~v g~.`'° ~ j~~ ~ er,y3'0~'1; f ~~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - lD # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Indymac Federal Bank FSB Plaintiff v. Louise M. Breski, Only Known Surviving Heir of Laura Gidusko Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 09-782 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: 3717 Lisburn Road, Mechanicsburg, Pennsylvania 17055, a copy of the description of said property being attached hereto and marked Name and address of Owners or Reputed Owners Name Address Louise M. Breski, Only Known 3610 Rutherford Street Surviving Heir of Laura Gidusko Harrisburg, PR 17111 Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Laura 3717 Lisburn Road Gidusko, Deceased Mortgagor and Mechanicsburg, PA 17055 Real Owner 2. 3. 4 5. Name and address of Defendants in the judgment: Name Address Louise M. Breski, Only Known 3610 Rutherford Street Surviving Heir of Laura Gidusko Harrisburg, Pensylvania 17111 Deceased Mortgagor and Real Owner Unknown Surviving Heirs of Laura 3717 Lisburn Road Gidusko, Deceased Mortgagor and Mechanicsburg, Pennsylvania 17055 Real Owner Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Plaintiff herein. Address Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein. Address Name and address of every other person who has any record lien on the property: Name 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 Address Tenants/Occupants 3717 Lisburn Road Mechanicsburg, Pennsylvania 17055 Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 110 North 8"' Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 United States of America c/o i Tnited 4tatPS Attorn~,, fo~thP ___ __ 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 NONE I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities August 24, 2009 TERRENCE J. McCABE, ESQUIRE DATE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION All that certain piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: Beginning at a point in the center line of Legislative Route #21014, at the corner of lands now or formerly of B.F. Keckler as shown on the herinafter mentioned plan; thence by the center line of said Legislative Route #21014, Borth 32 degrees 33 minutes West, 200 feet to a point; thence by other lands now or formerly of Paul L. Cressman, Jr., and Thelma M. Cressman, his wife; North 64 degrees 12 minutes East 404 feet to a point on the bank of the Yellow Breeches Creek; thence by said creek, South 24 degrees 26 minutes East, 176 feet to a point; thence by land now or formerly of B.F. Keckler, South 60 degrees 45 minutes West, 377 feet to a point, the place of Beginning. Subject, Nevertheless, to a thirty (30) foot set-back from the ultimate right-of--way line of Legislative Route #21014 as shown on said Plan. Having thereon erected a single brick and aluminum dwelling house. Being Known As: 3717 Lisburn Road, Mechanicsburg, Pennsylvania 17055. BEING the same premises which ANDREW M. GIDUSKO by deed dated June 18, 1971 and recorded July 9, 1971 in the office of the Recorder in and for Cumberland County in Deed Book E, Volume 24, Page 216, granted and conveyed to Laura Gidusko, in fee. The said Laura Gidusko departed this life on October, 20 2007, leaving said property vested in Louise M. Breski, Only Known Surviving Heir of Laura Gidusko, Deceased Mortgagor and Real Owner, and Unknown Surviving Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner, by operation of law. TAX MAP PARCEL NUMBER: 13-29-2445-014 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 Attorneys for Plaintiff CIVIL ACTION LAW Indymac Federal Bank FSB COURT OF COMMON PLEAS v. Louise M. Breski, Only Known Surviving Heir of Laura Gidusko Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner CUMBERLAND COUNTY Number 09-782 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Louise M. Breski, Only Known Surviving Heir of Unknown Surviving Heirs of Laura Gidusko, Laura Gidusko Deceased Mortgagor and Real Deceased Mortgagor and Real Owner Owner 3717 Lisburn Road 3610 Rutherford Street Mechanicsburg, Pennsylvania 17055 Harrisburg, Pennsylvania 17111 Your house (real estate) at 3717 Lisburn Road, Mechanicsburg, Pennsylvania 17055 is scheduled to be sold at Sheriffs Sale on December 9, 2009 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to eiforce the court judgment of $211,797.74 obtained by Indymac Federal Bank FSB 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 Indymac Federal Bank FSB 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 maybe 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 piece or parcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: Beginning at a point in the center line of Legislative Route #21014, at the corner of lands now or formerly of B.F. Keckler as shown on the herinafter mentioned plan; thence by the center line of said Legislative Route #21014, Borth 32 degrees 33 minutes West, 200 feet to a point; thence by other lands now or formerly of Paul L. Cressman, Jr., and Thelma M. Cressman, his wife; North 64 degrees 12 minutes East 404 feet to a point on the bank of the Yellow Breeches Creek; thence by said creek, South 24 degrees 26 minutes East, 176 feet to a point; thence by land now or formerly of B.F. Keckler, South 60 degrees 45 minutes West, 377 feet to a point, the place of Beginning. Subject, Nevertheless, to a thirty (30) foot set-back from the ultimate right-of--way line of Legislative Route #21014 as shown on said Plan. Having thereon erected a single brick and aluminum dwelling house. Being Known As: 3717 Lisburn Road, Mechanicsburg, Pennsylvania 17055 BEING the same premises which ANDREW M. GIDUSKO by deed dated June 18, 1971 and recorded July 9, 1471 in the office of the Recorder in and for Cumberland County in Deed Book E, Volume 24, Page 216, granted and conveyed to Laura Gidusko, in fee. The said Laura Gidusko departed this life on October, 20 2007, leaving said property vested in Louise M. Breski, Only Known Surviving Heir of Laura Gidusko, Deceased Mortgagor and Real Owner, and Unknown Surviving Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner, by operation of law. TAX MAP PARCEL NUMBER: 13-29-2445-014 WRIT OF EXECUTION and/or ATTACHMENT COMMON~VEALTk OF PENNSYLVANIA) NO 09-782 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due INDYMAC FEDERAL BANK FSB, Plaintiff (s) From LOUISE M. BRESKI, Only Known Surviving Heri of LAURA GIDUSKO, Deceased Mortgagor and Real Owner and Unknown Surviving Heirs of LAURA GIDUSKO, Deceased Mortgagor and Real Owner (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 $211,797.74 L.L. $.50 Interest from 8/26/09 at $34.82 -- $3,656.10 Atty's Comm Atty Paid $291.65 Plaintiff Paid Date: 8/26/09 Due Prothy $2.00 Other Costs rtis R. Lon rotho ota (Seal) REQUESTING PARTY: Name: MARC S. WEISBERG, ESQUIRE By: Address: McCABE, WEISBERG AND CONWAY, PC 123 SOUTH BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Deputy Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 17616 Real Estate Sale # On September 9, 2009 the Sheriff levied upon the defendant's interest in the real property situated in Lower Allen Township, Cumberland County, PA Known and numbered as, 3717 Lisburn Road, Mechanicsburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: September 9, 2009 By: c~.~~--- -5~-~-e-~..~1 Rea Estate Coordinator ~~ ~~~ ~~, ~ ~ o _ _ + , t_'i~ i~ li ,~ ~ A ~ ~`_~ . ~ .~ L-~ The Patriot-News Co. 812~Market St. Harrisburg, PA 17101 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 c'~e ~latriot 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 Leslie Kramer, 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. rPUBLICATION COPY This ad ran on the date(s) shown below: 10/23/09 10/30/09 11 /06109 subscribed before 1 ('i~! T / _. r}~e- is 1.~ of November, 2009 A.D. \\ ,i, ~ ~ ~'i ~~ Public COIVIN!°7Nt/UEALTH OF PENNSYLVANIA rv"c~tzi~iai Seal 3hc:rrk~ ~ Kisrer, Notary Public s dtty ~ ~ war*rstaurg, Dauphin County ,~riy fc:rnrn~,s~:~~ Expires Nov. 26, 2011 Marzsb~e~~. P~ rtinaylvaria Association of Notaries .......; Sworn to anc)' ,, J Writ No. x009-7Y2 Clvll Ta'm ~dymac Federal !lank F88 Vs 4oulse M. Bresld, Onty Known Survlving Heir of Laura Gldusko,Deceased . Mortgagor and Repl Owner and Unknown lielrs of Laura Gldusko, Deceased Mortgagor and Heal Owner Atiy: Marc S. Wslaberg All that certain piece of parcel of land situate in the Township of ;Lower Allen, County of Cumberland-and State of Pennsylvania, bounded and described as follows, to wit:Beginning at a point in the center 6ce of dzgisla6ve .Route #21014, at the comerof lands now or formerly of B.F..I{eckler as.shown oa the herinafter mentioned plan; thence by the center tine of said Legislative Route #210141 Borth 32 degrees 33 minutes West, 200 feet to a point; thence by other lands now or formerly of Paul. L. Creasman, Jr., ead Thelma M. Creasman, his wife; North 64 degrees 12 minutes Fast 404 feet to a point on the bank of the Yellow Breeches Creek; thence by said ctcek, South 24 degrees 26 minutes East, 176 feet to a point, thence by land now or formerly of B.P. Keckler, South 60 degrees 45 minutes West, 377 feet to a point, the place of $eginning. Subject, Nevertheless, to a thirty (30) foot set-bxk fmm the ,ultimate iight- of-way line of Legislative Route #21014 as shown. on said Plan. Having thereon erected a single brick. and .aluminum dwelling honse.Being Known As: 3717 LisMttn Road, Mechanicsburg, Pennsylvania 17055. BEING the same premises which ANDREW M. GIDUSKO by doed dated June 18, 197E and recorded July 9, 1471 in the. office of the Recorder in and for Cumberland County in Deed Book E, Volume 24, Page 216, granted and conveyed to Laum Gidusko, in fee. The said Laura Gidusko departed tlns life on October, 20 2007, leaving said propetty'vesied in Louise M. Breski, Only Known Surviving Heir of Laura Gidusko, Deceased Mortgagor and Real Owner, and Unknown Surviving Heirs of Laura Gidusko, Deceased. MoRgagor. and Real Owner, by opaatiou of law. TAX MAP PARCEL NUMBER: 13-29-2445-0 14 ~. v ~ 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: October 23, October 30 and November 6, 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. c Coyne, SWORN TO AND SUBSCRI$ED before me this da of November 200 ~ ~, ~~; Notary NOTARIAL SEAL .~v DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 213, 2010 w:it No. 2oo9-~s2 civil Indymac Federal Bank FSB vs. Louise M. Breski, Only Known Surviving Heir of Laura Gidusko, Deceased Mortgagor and Real Owner and Unknown Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner Atty: Mazc S. Weisberg All that certain piece or pazcel of land situate in the Township of Lower Allen, County of Cumberland and State of Pennsylvania, bounded and described as follows, to wit: Beginning at a point in the center line of Legislative Route #21014, at the corner of lands now or formerly of B.F. Keckler as shown on the herin- after mentioned plan; thence by the center line of said Legislative Route #21014, Borth 32 degrees 33 minutes West, 200 feet to a point; thence by other lands now or formerly of Paul L. Cressman, Jr., and Thelma M. Cressman, his wife; North 64 degrees 12 minutes East 404 feet to a point on the bank of the Yellow Breeches Creek; thence by said creek, South 24 degrees 26 minutes East, 176 feet to a point; thence by land now or formerly of B.F. Keckler, South 60 degrees 45 minutes West, 377 feet to a point, the place of Beginning. Subject, Nevertheless, to a thirty (30) foot set-back from the ultimate right-of-way line of Legislative Route #21014 as shown on said Plan. Having thereon erected a single brick and aluminum dwelling house. Being Known As: 3717 Lisburn Road, Mechanicsburg, Pennsylvania 17055. BEING the same premises which ANDREW M. GIDUSKO by deed dated June 18, 1971 and recorded July 9, 1971 in the office of the Recorder in and for Cumberland County in Deed Book E, Volume 24, Page 216, granted and conveyed to Laura Gi- dusko, in fee. The said Laura Gidusko departed this life on October, 20 2007, leaving said property vested in Louise M. Breski, Only Known Surviving Heir of Laura Gidusko, Deceased Mort- gagor and Real Owner, and Unknown Surviving Heirs of Laura Gidusko, Deceased Mortgagor and Real Owner, by operation of law. TAX MAP PARCEL NUMBER: 13- 29-2445-0 14. COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff s Deed in which HOME EQUITY MTG LOAN ASSET-BACKED TRUST SERIEW INABS 2007-A TR is the grantee the same having been sold to said grantee on the 9TH day of DEC A.D., 2009, under and by virtue of a writ Execution issued on the 26TH day of AUG, A.D., 2009, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 782, at the suit of INDYMAC FEDERAL BANK FSB against LOUISE M BRESKI & LAURA GIDUSKLDECEASED is duly recorded as Instrument Number 201001608. IN TESTIMONY WHEREOF, I havento set my hand and al of said office this ~~ day of A.D. o of Deeds