HomeMy WebLinkAbout09-1041SHAPIRO & DENARDO, LLC
BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747
MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929
ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & D FILE NO. 09-034669
Deutsche Bank National Trust Company, as
Trustee for Carrington Mortgage Loan Trust,
Series 2005-NC5 Asset-Backed Pass-
Through Certificates
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY _
NO: ?//' /?i 61/ el U/ l ;?/ `m
vs.
Robert D. Erskine
1340 Bryn Mawr Road
Carlisle, PA 17013
DEFENDANT(S)
COMPLAINT - CIVIL ACTION
MORTGAGE FORECLOSURE
NOTICE
YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH
IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS
COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY
ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY
PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT
WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER
CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR
OTHER RIGHTS IMPORTANT TO YOU.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND
OUT WHERE YOU CAN GET LEGAL HELP.
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 Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTION
PRACTICES ACT YOU ARE ADVISED THAT THIS LAW
FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY
INFORMATION OBTAINED WILL BE USED FOR THAT
PURPOSE.
NOTICIA
LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE
DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES,
USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA
DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA
ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN 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 ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O
NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA
PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O
OTROS DERECHOS IMPORTANTES PARA USTED.
LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE
ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO,
VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION
SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE
CONSEGUIR ASISTENCIA LEGAL.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
SHAPIRO & DENARDO, LLC
BY: CHRISTOPER A. DENARDO, ESQUIRE, ATTORNEY I.D. NO. 78447
DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747
MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929
ALANA ZION, ESQ., ATTORNEY I.D. NO. 87137
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 09-034669
Deutsche Bank National Trust Company, as
Trustee for Carrington Mortgage Loan Trust,
Series 2005-NC5 Asset-Backed Pass-
Through Certificates
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: D q - /b q / ? iv?' -
VS.
Robert D. Erskine
1340 Bryn Mawr Road
Carlisle, PA 17013
DEFENDANT(S)
COMPLAINT IN MORTGAGE FORECLOSURE
Plaintiff, Deutsche Bank National Trust Company, as Trustee for Carrington Mortgage
Loan Trust, Series 2005-NC5 Asset-Backed Pass-Through Certificates, the address of which is,
1610 E.St. Andrews PI #B150 Santa Ana, California 92705, brings this action of mortgage
foreclosure upon the following cause of action:
1. (a) Parties to Mortgage:
Mortgagee: New Century Mortgage Corporation
Mortgagor(s): Robert E. Erskine
(b) Date of Mortgage: June 29, 2005
(c) Place and Date of Record of Mortane:
Recorder of Deeds
Cumberland County
Mortgage Book 1913 Page 317
Date: July 1, 2005
The Mortgage is a matter of public record and is incorporated herein as provided
by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached
hereto and marked as Exhibit "A" and incorporated herein by reference.
(d) Assignments:
Assignor: Carrington Mortgage Services, Inc. successor by merger to New
Century Mortgage Corporation
Assignee: Deutsche Bank National Trust Company, as Trustee, for Carrington
Mortgage Loan Trust, Series 2005-NC5 Asset-Backed Pass-Through Certificates
Date of Assignment: As Recorded
Recording Date: As Recorded
2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal
successor in interest to the original Mortgagee, or is the present holder of the mortgage by
virtue of the above-described Assignment(s).
3. The real property which is subject to the Mortgage is generally known as 1340 Bryn
Mawr Road, Carlisle, Pa 17013 and is more specifically described as attached as part of
Exhibit "A":
4. The name and mailing address of each Defendant is:
Robert D. Erskine, 1340 Bryn Mawr Road, Carlisle, PA 17013
5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both.
6. The Mortgage is in default because the monthly installments of principal and interest and
other charges stated below, all as authorized by the Mortgage, are due as of June 1, 2008
and have not been paid, and upon failure to make such payments when due, the whole of
the principal, together with charges specifically itemized below are immediately due and
payable.
7. The following amounts are due as of February 16, 2009:
Principal of Mortgage debt due and unpaid $109,115.55
Interest currently due and owing at 9.175% per annum
calculated from May 1, 2008 at $27.43 each day $8,009.56
Escrow Advances made by Plaintiff $341.05
Late Charges continue to accrue at the rate of $41.71 $356.97
Title Search/Report Fees $250.00
Attorneys' Fees and Costs $5,000.00
TOTAL $123,073.13
8. Interest accrues at a per diem rate of 27.43 each day after February 16, 2009, that the debt
remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other
expenses, costs and charges collectible under the Note and Mortgage.
9. The attorneys' fees set forth above are inconformity with the Mortgage documents and
Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriff s
sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be
charged based on work actually performed.
10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S.
§ 1680.402c, et §N., was sent to each individual Mortgagor at their mailing address and/or
the mortgaged property address by first-class mail and certified mail. Pursuant to the act of
December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information
required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and
separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached
hereto as Exhibit "B".
WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in
favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 7 and 8, together
with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note
and Mortgage and for the foreclosure and sale of the mortgaged premises.
SHAPIRO & DENARDO, LLC
Date: C19,
BY: SNa ae
Attorneys for Pl ' t
S & D File No. 09-034669
02-05-'09 15:15 FROM-
Lc C
pmpamd By.
ROSE-PT fl,ZIEGLER
!1ECOADcR CF'JCr'_i:a
2005 JUL 1 PM 3 21.
New Century Mortgage Corporation
16400 Yon Karman, Suite 1000,
Irvine. CA 92612
800-967-7623
Return To.
New Century Mortgage Corporation
16400 Von Kaman. Suite 1000
Irvine, CA 92612
T-612 P002/032 F-823
800-967-7623 ptraaises: 1340 BRYN MAWR RD
Parcel Number: Carlisle
06-19-1641.014
lb?wra Above 4bla Lhm For ]?teo nftg Datal
MORTGAGE
DEFINITIONS
Words used in multiple seetioas of this documew are defined below and other words are defined in
Sections 3, 11, 13. 18, 20 and 21. Certain mks regarding the usage of words used in this document art
also provided in Section 16,
(A) "Security Indrument"> this docurnect, which is dated June 29, 2005
together with all Ridems to this documeot.
(B) "Borrower" is ROBERT 0. ERSKINE
Borrower is the mortgagor Bader this Sow ft Itlsttu new.
(O) "reader" is New Century Mortgage Corporation
Lender is a Corporation
1002606916
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orgauizr.ed and existing under the laws of California
I.ender'saddresais 18400 Von Karman, Suite 1000, Irvine, CA 92612
I.emder is the mortgagee under This Security Instroumt.
(n) "Note" nmans the promlasory note aigned by Botrowet and dated June 29,'2005
no Note slow dwBorrower owes I= et ONE HUNDRED NINE THOUSAND SIX HUNDRED AND
DO/1110 Dollars
(U.S. S 109.600.00 ) plus interest. Borrower has promised to pay this debt in regular periodic
Paymmta and to pay The debt in foil not later than July 1. 2035
(1) "ProperW means the property that is described below under the heading "Ttaosfer of Rights in the
property
(F) "loan" means the debt evidenced by the Note, plus interest, any propaymest charges and later charges
due under the Note, and all sums due under this Security Instrutuent, plus interest,
(G) "Riders" means all hiders to this Security melt nm that are executed by Borrower. The following
Riders are to be executed by Rormwpf (icha Ic box as applicable]:
l Adjustable Rate Bider Condominium Rider Stxmod Rome Rider
L J talioon Rider Pianlled Unit Development Rider 14 Family Rider
0 VA Rider Biweeltly Payment Rider Other(s) [speeifyi
Prepayment Rider
(1I) "Applicable Law" (reams all controlling applicable federal, state and local wA ter, regulations.
ordinances and admihistfAtive rules and orders (that have the effect of law) as well as ail applicable flow,
non-appealkle judicial opinions.
M "Commumcy boa Dna, Fast enti Assessments" means all dues, fees, asseasmeuts and other
charges that am imposed on Borrower or the Property by a condominium association, hautoowners
association or 3iWAff orgaaiMion.
M "Efthonie Am& '1lra dW- Mans any transfer of fiords, other there a tranaec0iott atiginatod by
chock, ekatl, or similar paper im6irilmCpt, which is inWited through an elechmm k terminal, telephonic
iagnm ent, computer, or magaodc Eape so ay to order. instruct, or authorize a f na.asl Institution to debit
or credit as account. Soap tern( includes, but is not limited to, point of-sale transfers, sutomated teller
whine ttlmasctions. transfers initiaud by telephone, wite transfers, and automated clea *n Wuae
4 RIOcra.
(B) NFJMW Itaars" means tbaae items"are described in Section 3.
(L) "Miserlianeoua Protaodas means any co tlou, settlement, awerd of dsms^ Or Pwcbc& paid
by sly third party (outer than iasttt MM proeecda paid under the coverages described in Section S) for: (i)
damage to, or deetrueft of the Property. (11) co tion or other taking of all or suy pert of the
ProlCIAyc (iii) waveyancc in lieu of comk tuation; or (iv) misnepre testadons of, or Omisslaus as to, the
value and/or candltiop of the property.
(" "M*r%*P Ana" -- Wttr = Protecdn8 met' against the nonpnyrneat of, or default on,
the Loan.
00 "Periodic Payment" means the wegularly scheduled amount duo for (i) principal and interest under the
Note, Plus 01) soy amounts under Seatiou 3 of this Security hutxw=t.
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02-05-'09 15:15 FROM-
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(Q) "R'"A" means the Real Estate SettlWmt Proeedums Act (12 U.S.C. Seetion 2601 et taxi.) and its
*Imm* raguladan, Regulation X (24 C.P.R. Pact 3300). ae they might be amended from three to
that. or any additional or successor legislation or regulsdon that governs the amts subject matttx. As used
in this Security lgstrument, "RBSPA" refers to al[ requimeav and r sowons dw are imposed io neW
to a "fedtxaIIp tie OW mortgage lom" oven if the Loan does not qualify as a "fedmWty related mottMa
loin" ands' RFSPA.
(P) "tiacc"w In Lttereat of Borrower'' memo any Pang that has talcs' title to the ,Property, whether or
not that party has assumed BormWer's obligations under the Nate audlor this S=Aty li>ettnment.
TRANSFER OF RIC3H'i'S rN THE pRopERTY
TWA Soourity Castruarent semuea to Leadef; (i) the 'payment of the Loan, and all rmwals, attendlads and
rnodiffeaNons of tho Note; and (ii) the petformmoc of Boimwees covenants and agertsmeets unddr ft
Sxurity Instrument and the Note. Par this purpose, Sormwer does hereby mortgage. lw sad convey to
Lender the fouowing described property located in the county i'tYpeofPAWnragra WWm)
of Cumberland (NameofReoord*Iwbdtcnsnl.
See Legal Description Attached Hereto and Made a Part Hereof"
which corxttly has ft a %Um of 1340 BRYN MAWR RD
Carlisle
("Property Address"):
FftQ
ICIWI, PCMYIvania 17013 tx(p c of
TOCETHBR WM all the in proverneats now or heseaftpt erected on the pmpClty, and 0
easgmmm apptale4ad =. and fixtures row of hereafter a part of the property. An seplsoemmts and
additions shag also be covated by this security Inammnot. An of the foregoing is ro&TM to in this
Security ltfrument as the "Pmpecty."
1002605915
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BORROWMI COVBNAM that Borrower is IaN,MY $Wa d of tdc estate hereby conveyed and has
the right to mortgage, grant ad convey the Property and that the Property is auger umbered, except for
encumbrances of record- Bauower warmers and will defend generally the title to the Property agAlud an
ehahas and demands, gubjeet to any eaaambrY?a= of mord.
THIS SOCURPI Y INSIAUMBW combines uniform eovenRats for national use and ma-uniform
covenants with limited variations by judadiodoa to constitute a uniform, ;ty iae c Covering real
Property.
UNIFORM COVENANTS. Borrower and Leader covenant and agree as follows:
1. Payment of Pndpal, Interest, Eurow Items, PltpaYmmt ChMes, and Late Charges.
Borrower shall pay when due thte principal of, and interest on, the debt evideaced by the Note and any
prepayment charges and late charges due under the Note. Borrower 111211 also pay fired, fur &crow Items
pwsuud to Stsotion 3. Psymeah due under the Now wd this Security Iaunawnt sha be matte in U.S.
currency. However, if any dreak or other interment received by larder ere pAYMM under the Note or this
Saar* Instrument is returned to t eadta unpaid, Leader my require that any or all vubsocl eat payments
due under the Note Rod this Sorority bmtrumeat be made in one or moM of the following forms, as
s 60td by leader (a) cash; (b) Money order; (e) cettitfta oheok, bank check, treasurer's check pr
cashier's dwck, provi(W any such check is drawn upon an laetitation whose deposlts are imared by a
federal agency, instrumentality. or entity, or (d) Blearoaic pundg T aasfer.
Payumb are dveurod received by Leader when recel"d At the location deaignatal in the Nate or at
such other location as may be designated by Lender in soeordance with the rodeo provieroo, in Section 15.
Leader may return any Payment or Partipl Payment if rite payment or partial psyMents are Imft3eleat to
bring the Loan current. leader may accept any payment or partM payment Wffwknt to bring the loan
current. without waiver of any rights haviWer or prejudice to its riglue to refige lush paymdrt or partial
Payments in the future, but Leader is Aot obligated to apply arch psymeata * the lima sash prymetts are
m=pted. If each Periodic haynreat is applit'd u of its t+dw&dod due date, then leader need not pay
interest an unapplled frmds. Lender may hold lack unapplled finds until Borrower makm payment to bring
the Loan current. If Borrower don. not do so within a mmmr ble period of time, tender gluahl stiller apply
such fpdds or return them to Borrower, If Rot applied earlier. such Ponds will be applied to the outstanding
wincipsl bataace under the NOW immediately prior to brcclasurs. No ofibet or claim WM Borrower
migbt have now or in the future against Lncder &W relieve Borrower from Indus Payments due under
the Note and this Security Imnvmeat or performing the covenanta and agreememe secured by Ibis Security
Instrument.
2. Apo"don of Payments or hoccedg, l3artept as oth"IM deWdW in this Seclimr 2. all
payments accepted and applied by Leader shall be applied in the fallowing order of prlorky: (a) interest
due under Ibe Note; (b) principal due under the Note; (c) amounts duo Under Seodan 3. Sa ch payments
shall be applied to sack Pedodte Payment in the order in which It baRroe due. Amy remaining amoun6
"hall be applied first to late charges, second to any other amouAta dim under this Security Instrument, aad
then to reduce the prindpal balance of the Note.
If Lender receives a payment fmm Borrower for a delinquent Plod Payment which includes a
wfliclent amount to pay any late charge due, the PAytrltat mRy be applied to the delinquent psyrncat and
the late charge. If more than one Periodic Payment is outstanding, Leader may apply any paymmt received
from 00"'wer to the repayment of the Periodic P q-1-aft if, and to the mttat that. Leh payment can be
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02-05-'09 15:16 FROM-
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paid in M. To the extent that any excess exists after the payment is applied to the fun payment of one or
more Perks Payments, such excess may be applied to spy late d zM due. Yol° a
be applied first 10 any prcpaymcn egardes and then at described is die Note. I' P? 0t° sbaU
Any +?Pld'ostiont of payments. inauaanc a Prpteeds, Of PXOCCD& to prbwpmt due under
the Note abeII not uteod or postpone the due data, or change the amount, of the Perlodie Faymenta.
3. Funds for Escrow Items. Bonower shall pacy to Lender on doe day perlodk payments are due
under the Note, until Wo-Note Is paid in full, a aum (the "Puuds") to provide for payment of amounts due
for. (a) taxes and arse ucats and other items whkb can attain priority over this Socurlty Instmmeot as a
lien or oacmmbrance on the Ptoperty; (b) leasehold payments of 8tauad reats on the
premiums for any "d all Insurance may. if any; (c)
z by Lander Hader Section S; and {d) Mortgage Iusarance
Pmeduans, if any, or any sums payable by Borrower to 1 a da in riot, of the payment of Mortgage
Insura1100 Pfamiums in accordance with the pmviak ma of Section 10. Theo it= are called "Bs mw
Items," At origination or at any date timing the term of the 140, Lender may require that Comgtunity
.
Association Does, Pees, and Assommec s, if any. be escrowed by Borrower, and tab duo. foes anti
assessments shalt be an F,scnow Item. Harrower aheti promptly famish to Landes all Rod= of amounts to
be paid under this Section. Borrower abaII pay Lender the Amds for Baorow Irema unless Lander waives
Borrower's obligation to pay thtw Funds for any or all pjcrow Items. Leader may wake Bormwees
obligation to pay to Lender Fonda fot any or all Haemw Items at any time. Any such waiver may only be
is writing. In the event of a& waiver, liornmef shall pay diMdy. when ttnd when payable, the amounts
due for any Borrow Items for which payment of ponds has been waived by Lauder and. If Lender requires.
shgall 61 Obligation 0 Lander reoeiptt evidencing enoh payment widtin such time period as I,endor may regnlre.
to make such Payments mad to provide modpta shall for alt
to
be a c ovamd and agreement oooWwcd in Ibis Security iastnnment, as the P? "Coves ? gOe agreemen-,
is used in Section 9. If Borrower is obligated to t
Borrower fails to pay the amount due for an Aacrow?•Exrow ltr m exietly, punsdS to a to?atver, and erclao its and pay such amount and Borrower shall then be obl sled under Section 9 to np ytoLecider &
o&
unount. Leader may tuwoke the waiver as to any or all Bartow Remo at any time by a notice given in
accardamoo with Section 15 and, upon tw h revoudon, gonower g a pay to .Meer all Ppnds, and in
suds amounts, dud ace then required under this Section 3.
Lender may. At any tigw, collect and hold Funds in an arrww (as) mf$oiau 10 permit Leader to apply
Ike Fun& St the Bate specified under RWA, and (b) not to oxwod the maximum amount a lender Can
require under RMPA. Lender shalt estimate the amount of hands due on the basis of ouxrent data and
? nable estimates of wgxaditures of futon BMW Items or odnetwiea in accordm= w[tb Applicable
The Fonda shall be held in an inatit don whale depoaiti are inwnd by a federal agency,
inshvmentality. or entity (ineludigg Leader, if Fender is an inati ution whose deposits ace so iosund) or in
'my 17e4er14 Home Lawn Bank. Lender shall apply the pantie to Pmy the Escrow Ite= no later Wan the time
specified under PMPA. Lender 40 not cbarge Narrower for holding and applying the Fonda, aonualiy
malysiag due escrow aoocunt, or vCd1ying the BMW It=,, rmleas I.mder payeBorrower iouerefi on the
Funds and Applicable Law permits Lender to make such a chatge Unless an $Swement is made In wri
an Applicable IAw requites interest to be paid on the Amda. Lender shall not be requltecl to pay Borrower
y intemat ar earnlasa on the Funds. Borrower and IAmddr con agree in writing, however, that interest
Pbe A f t8 1002605915
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Form 3039 1101
sK l 913 PG Q 3'2' 1
R-05-`09 15:16 FROM- T-612 P007/032 F-823
shall be paid on the Foods. Lender 16111 give to Borrower, without charge, an annual accounting of the
Funds as required by MPA.
If there fit a surplus of ponds held in escrow, as defluad under PMPA. Lender ahsli account to
Borrower for the excel funds m accordance with RWpA. If there is a shortage of Foods held in escrow,
as defined under RESPA, U Aft shall no* 8ohmwer as requaW by A135PA. and Borrower shall pay to
Lender the mount necessary to makb up the shortage in aooottlance with RBSPA, but In no more than 12
V1011thly Payments. If there is it dmUeatmy of Fonds held is escrow, as deemed Under RESPA, Lender shall
notify Borrower as required by RESPA, no Bomme r shall pay to l ender the am =necessary to make
Up the deficiency in accordance with RMA, but. in no matt; than 12 monthly payumts.
UPoa Payment in DA of all soma seethed by this Security I mmwaent, Lender shall promptly refiind
to Borrower any Funds held by Linder,
4. C`argeai L1Ums. Borrowwer shall pay all tax=, 1st nts. charges, &=, and impositions
attributable to the Property which can attain priority over this Security inetiument, leasehold paymmta or
F=d rests on the Property, if any, and Community Association Dues. Feea, and Mass mom, if -my. To
the extent that these iteM are Escrow hems, Borrower shelf Piw them in ft maoaer provided is Section 3.
Borrower shall promptly diseharp nay lien which hat priority over this Security bnatrammt unltss
Bornower: (a) W= in writing to the payment of the obligation wwued by the lieu to a manner acoeptabie
to Lewder, but oady so long m Borrower is perdormiq such agretaaeat; (b) toatem the lien in good faith
by, or defends against tAW=meat of the Lids in. legal pmemi ngs which in Lender's opinion operate to
Prevent the enforcement of the lien while dim pmovedinp me per, but only until such gtooeedinga
are concluded: or (c) secunea from the' holder of the Nett an sad*ctory to t&wkr subm llmatiug
the Hen to this Sciauity natrrmtent, if Tian fler determines that nay part of the Property in subject to alien
which can eutsia priority over this Sem ty Instrument. fender may give Borrower a natlue idmtifyimg the
lien. Within 10 days of the date on which that rA" m is given, Borrower ahali defy the lien or take one or
more of the actions set forth above In No Section 4.
Lender may require Borrower to pay a one-time dWV for a real estate tax verification and/or
reporting service usW by Lender in connection with this I.om.
5• Property hmmaum Borrowmr 16111 IMV the improve mOW now axiatiag or htseafter crated on
the Property Inured against toss by Sure. hazards included within the team "extmded cuVcragm," ad arty
other hazards including. W sot limited to, smAqualm and floods. for which lend s insumm.
Ilia inaiKanOe dtall be mafatalnW in the aawants (including deducMe levels) and for the periods that
Lender requires. What Deader requires persamt; to the procediag watenCla can dump during the term of
the Loan. Ibc insurance Osuler providing de instance shall be dwM by Noma subject to Lender's
ri
require ght to disapprove Borrower's choios, which right dart not be eitemised measo My. Lander racy
dct?aorr w« ? to MY, in and boa with this Loath. either: (a) a one-time charge for flood zone
tracking aervie . or (b) a' mere-time charge for flood zone detexadnatios
and certification servim and shrbseggeer c mqp each d ft mWings or simasr dtaoges occur which
reasonably might meet such determtaation or certification. Borrower shall also be rerponsible for the
payment of any fees imposed by the Federal Rrnergenoy Management Agency in ftmecdon with the
review of any flood Zone determination restating from an objection by Borrower.
?/? ;•` 1082605915
4R-G(PA) 1a60tt
pow s of to Farm 8039 1/01
BK 1913PG032a-
K-05-'09 15:17 FROM-
T-612 P008/032 F-023
If Boaower faits to maintain any of the coverages described aboye, Lander may obtain innrrance
coverage, at Lemiet's option and Borrower's a qx=. Lender is under no obligation to say
partiatlac typo or amount of coverage. Therefore, such coverage shall cover Lam. but mlght
not printed Borrower, Borrower's equity in the Property, of the contests of the Property, against any 422
hazard or liability and might provide greater or leaser Coverage than was prm?ioWY in effect. Borrower
aolmowtedget that the coat of the incur m coverage w obtained MW signilieaatly aceed the colt of
inanrau CC Mat Borrower mould have obtained. Any amounts disbursed by Leader under this *ft S shall
become additional debt of Bonower wo mW by this Sonrity Ins"=x*,1Lm = mta dWI bear latereat
at the Note rate from the date of disbursement and shalt be payable. wUh such Intamt, upon notice from
leader to BotroWer a payment.
All Wail nce Poi's required by Lender and renwats of such poHaiea Ad be subject to Landet's
right to diaappmve such policies, shall 340010de a atadard mortgage, dame, and shad trams Lender as
mot SMW andtOr as An Additional lose payee. Lender" have the right to hold the policies and renewal
certificate, if Lender rrQWM, Borrower sbAU PMMPdY give to Lender All receipts of paid premiew and
rtyrewsl Rorke, If Borrower obtains my form of inturaaee Coverage, not othetww retpdmd by Lender.
for damage to, or deltrucdon of, the Property, such policy " include a etmdard mortgage clause Bud
shall mate Lesser AS mottgagoo and/or as an additional lass payee,
In the event of loss, Borrower shall give Ixompt notice to the WU=ce airier and Ltn>der, Lender
racy maize proof of 1086 if not made promptly by Borrower. Udess Leader and Baffower otherwise ages
in writing, any Insurance proceeds, whether or amt the underlying insurance WN required by Leader, shall
be applied to mstpttttion or repair of the property, if the restoration or repair is ecoaomWy feasible And
i..endeet, security is cwt lessened. baring such repair ad restoratiptr period, Lender shall have the right to
bold Such da:ur = prooeedt until Leader 4as bad m opportunity to lnapecu such property to casure the
work has bear completed to Lender's sadafaction, provided thud such kq*ction d WI be mdmW=
p'"MpUy. Lender stay disburse prOcco t for the repairs and rratotstion in a logic payment or in a 6arees
Of Progreso payments as the work is completed. Unless as Ag mnent is made is writing or Applic*de Law
requires ifllcmt to be paid on such insurance per, Leader shed not be required to pay Borrower any
interest or earaiugs on such proceeds. Fat far pRMIC aQueters, or otter third p*raw. retained by
H
'he arrower shall not be paid out of the Wourame perm And ahall be the nom obligation) of Harrower, if
be, "Oak's not ecou y feasible err Leader's sdaaity WON be, lencoed, die inma nce
proceeds rshill esturadon of
applied to the sums segued by this fturky kwu n d. whedret or not then due, with
the axam, if my, paid to Bormwer. Such Mmranoe proceeds 111211 he applied in the order provided for in
Section 2.
If Borrower abandons the Ptoputy, Lender may flea aegotipte and settle my ""It insurance
claim and MAW mantes. U Borrower does not respond within 30 days to a notice *01111 ender that the
msnranee pettier has offered to settle a claim, then Lando may negotiate And settle the claim. The 304ay
period begin when the notice is given. La either event, or if Lner a qdm the property under
Socdon 22 or otherwise. Borrower hereby assigns to Leader (a) Borrower's rigin 10 sty ioaaraMa
proceeds in an amount not to atcoed the amounts unpaid tinder the Note or this 3ocodty bstrummt, and
M Any other of Borrower's sights (other than the right to any relived of =MOW pretnhM paid by
Borrowed M ft alt insurance policies covering the property, intofar a NUCh rights we applicAble to the
coverage of the Property. Leader may use the insurance proceeds either to repair or ratoa the properly or
to pay Atnoaats unpaid under the Note or this Security Instrument, whether or not then due.
1002605915
4R-S(PA) ipso l
P.pr 7 d z 0 fOhn 3039 7101
QK1913PG0323
02-05-'09 15:17 FROM-
T-612 P009/032 F-823
b. (?ceupaaey. Borngwer shall ooa:py, estabdab, and use the property as Borrowa's principal
residence within 60 days after the execution of this Security Instrument and shall coutinue to occupy the
Pnsparty ss Borrower's principal residence for at least one year after the do of oc oapanay, unless Leader
otherwhe weer in writing. which a meat dball not be unreasowbly withbdd, or unless eatenoating
cirwrneta M exist which are beyond Borrower's control.
7. Preserradou, lKadett and Prnteegos at the pk+aperty, hapeetiona. Borrower chalk not
destroy, damage or impair fire Property, allow the property to deteriorate or comet waste on the
Property. Whether or not Borrower is residing in the property, Borrower shall maintain the Propesiy in
order to pmvcut the property from den
etroratbsg or decreaft in vallte cents to its condition. Unless it is
determined pttrWW to Section $ that repair or restoration is not a momieally *adtde: Botmwer shall
pmnvdy wpair the Property If damaged to avoid fiutlw detexiocadon or damage. If insurance or
condemnation Pw=ds are paid in connection with damage to, or the tacking of, the Property, Bormwea
shall be responsible for tepakdng or restodag the Wapeaty only if Leader has neteased proceeds for such
purposes. Leader may disburse proceeds for the r epaits and restoration in a single pqn= or in a series of
progress payments as the work Is cxs Meted, !f the Insumas or coaekmaation p meeds are not suftient
to repair or nature the Property, Borrower is not relieved of Houma's obligation for the compation of
such npair or rartotxtion.
Leader or its agent may tttalte reasonable entries upon and inVections of the Property. If it has
mmOnsbla cause, Lender tnay iospeOt ltie Interior of the improvements vet the Pmpeety. Lender shall give
Borrower notice at the ttare of or prior to such tm Interior inspesctioa apwifylag such reasonable cause.
8. laorrnwt is Lwn Applitsttion. Borrower shall be is default if, during the loan application
process, Barmwe f or day parsons or entities acting ar the direction of Bonvwer or with Borrower's
knowledge or emsent gave mstarlagy Gds-, mW"ding. or ham= mformaion Of atatemects to Lenda
(or failed to provides Leader with material ;bsfomation) in connocdon with the Lawn. Material
repreaeruatiags h4ude, but ass not liutited to, re wmagationa cone ming Borfoweer's occupancy of the
Property as Borrower's pdocipal residence.
9. ftivetloa or Leader's ltntorat in the Propaq and Rigbfs Rude: Mg Security Instrummt, if
(a) Houvw-r fails to perform the oovensnte and 82mem-nts vontalud is M Setxsrity Instrumeat. (b) them
Is a legal proceeding that might significantly all'aat la's fatetest in the Rope ty O&Or rights WW"
WE SCcWty bffuttmmt (suo11 as a proceeding to baulavptey, p nb*. for eoode antalk n or forNtun, for
euforameat of a Ilea which my attain priority over MU Security, insbnunemt of to c uforee laws or
rr:guladow). or (c) Borrower boa abandoned rho Pt VaW, then i,endec may do and pay for whafesver is
remonabe: or appropriate to penned Lender's iaterest in fire Property and rights =ft this Se cutity
Inetruntent, inehaft protecting amUor smnsiag the value of the Propmty, acrd aoconag twd/or repo &S
the Property. Leader's actions can include, but sae not limited to. (a) pay;ag any am seommad by alien
which bas priority over this Soma* Ltstru ment, (b) appad" in coves; and (c) pl?ygtg monable
attorneys' fees to pint-c:t its inteteat in the Poperty anwor do" under this Security Insbunant, iuclucrMg
its seamed position in a battloesptcy proceeding, SNUTIR8 the propWy Includes. but is not limited lo.
Ong the Property to maim repairs, change lod®, replace or board rep doors sad windows, dnk water
from pipes, eliminate btdldiag or other code violations or dangerous coadkions, and have w4kics turned
an or off. Although Leader may take arxiap under this Section 9. Letukr does not have to do so and is not
under any duty or obligation to do so. It is sgrood that Lender incurs no liability for not fairies any or ale
actions authorized under this Sation 9.
1002605915
IMM: t etlPA) rosozl Pee 8 of 15 Form 3039 slot
OX-19 1 3PG0324
02-05-'09 15:18 FROM-
T-612 P010/032 F-823
Any amounts disbursed by Lender u>icler this Seetten 9 snail become additional debt of Borrower
WMred by this S=dty InshummmL These Mounts shall bear iutoreat at tht: Note rate from the date of
disburiamm and shall be payable. with such interest, upon notice from gaper to Borrower raluftg
payment.
If this Secuaty Ittstrmucat is on a Ieasehold, Borrower shall comply with all the provMma of the
lease. If Borrower acgui reW fee title to the Property, the leasehold and die fee title shll not merge unlen
Leader agora to the merger in wilting
10. Mort ere lasra em, If tender required Mortgage insurance as a coodbW of making the Loan,
Borrower Wall pay tha prtmtimmd required to roalatals the Mortgage bo uraace in etyect. It, for soy reason,
the Mortgage Inaoraace coverap required by [.cadet ceases to be available from the mortgage Imtmer that
previoaWly provided arch inaganec ad Borrower waW required to mite Waparately daigmted payments
toward the premiwaa for Mortgage Insurance. Borrower d6all the pr omhem requimd to obtain
Coveer?aggee mfttaodally equivalent to the Mortgage Innuante =y in effect, at a cost anbsfaatidty
equivalent to the cost to Harrower of the Mortgage Inaunu wo prodouly in efW, from an aitarrtate
mortgage inawretr selected by Lander. If substantially equivalct Mortgage Inautaace covcra$e to not
available. Borrower d WI continue to pay to I.eoder the amount of flue separately dadgatted paymcom last
were due when the inaurao:p eoverago ceased to be In effect. Leader will amt, see and nbin these
paymante as a non-refundable lase mwe in lieu of Mortgage Insurance, Such lone reserve •ehstl be
non-refimdable, notwithstanding the fact that the Lora is ultimately paid in fall, and Leader shall not be
required to pay Borrower my interest or earnings on mmh Ion ram". Leader can rho loser require toes
maerve payments if Mo ftege Inaxance coverage Cm the amount and for the period that Lender to PIM)
provided by as insurer rearmed, by Ixader again bwoutee available, is obtained, and brander requhea
separately deAsarded payments toward the ptlmiumu for Mortgage Ineorance. If Lender required Mortgage
hwrmcc as a eonditIaa of mkWng the 144 and Borrower was reglmd to mob separately doeibrooted
payments toward the prreltmkmz for Mortgage Intntrance, Borrower sha11 pay the pneraitm requhed to
maintain Mortgage hmorance in effect, or to provide a non-refund" Ion mme, " Leadees
rewh moot for Mortgage hwaxaca cads in accordance with any written egme meet between Homwer and
Lender providing for aueb termination or until tarmh Lion b required by AppliraWe Law. Nothing in We
Section to affe;ts Borrower's obligation to pay intem at tho rate provided in the Note.
Mortgage tneuranoe reimhnrses Leader (or any caflty diet purcham the Note) for conk Imm it
may incur if Borrower doeW vot repay the Lora as Agreed. Bormwpr is not a party to the Mortgage
h"ranoe.
Mortgrtga igmma ovatuate their total risk on all such Woutapoe in Come from time to time, and tray
eater Wo areem u with other parries that ehme or modify their rbX or reduce lom. Tbne agreements
arc on tams and coaditlosrs that are sadafectory to the mortgage insurer and the other party (or parties) to
these agreements. That agretam ols may require the mortgage Insurer to make paymeab using any eacm
of fonds dmt tbo mortgage intaw r may have available (which nary inaiade fiords obtained fin Mortgage
Iaeuraaca premepatr).
M a teaalt of lasso sammeats, Lender, any purl sser of the Now, another ftuwa. any minsurer,
any other entity. or any affiliate of any of the fotegoingt may receive (directly or iadkoody) amouma that
derive from (or might be choquierind as) a portion of Bonewea'a pgr+renis for Mortgage h u mcc, in
exchange for sharing or roodlfying the mortgage insurer's risk, or redaeimg 106ga. If auch t
provides that an afMiate of Lender talus a share of the insurer's ride in or a share of the
premiums PAW to the insurer. the arrangement b oflea termed "captive Mino m ee,"
(a) Any such ag'eemendi will not afrect the s momota that Borrower IoW agreed to pay Martpge bmwoneq or any adlw twine of the Loan, Such a?o* wM not brerease the mount
Borrower will owe for Mortgage fimance, and they will not entitle Borroww to any refs md.
4R-etPA) rose:t pop d to 10026115915
Form 3039 1101
8K1913PGO325
02-05-'09 15:18 FIM-
T-612 P011/032 F-823
(b) Any such eBremuala will not affect the tighta Borrower has - U airy - With rOVW to the
Mortgage Tasuraace under 1116 Hotneowttera Ptateall n Act of We or mW other' law. now rJaw
qtly Include the rJgM to receive esrteda diaclostuet, to request Wad obtain c,reodb&n of rho
Mortgage Lasuarance, to have the Mortgages Ltsutasa, tgrmleated putomsatieelly, and/or to re d" a
W MNIM hNIM tree PIM11111M that were unearned at the lisle of tmdt emacaud" jr
IrdOod Or temAiwAan.
o11. of Misootiaateotta Proceeds; P'orMum. All Miscellaneous Proceeds are hereby
"dtW toand dW be paid to Lender,
If Ow NWW w damaged. such W180ellOWN prOaNds *91 be sppliod to remeadoa or repair of
me Prvperry If restoration or repair is econotmcatly feasible and Ieader'a wenrity is not ieueoed_
baring such repair And zedoration period, Lender slaA4 have the tight to hold such Miscellme" Proceeds
until Lender her had an v pp ortuaity to *W such property to eftM the wmk ]a bem completed to
tender's aseisfacdon, pro tried that snob isapoction A" be undertaken prowpdy. Iender nay pas for the
Main and restoration In a sleds diaborsemmt or is a series of pm ms payments as the work to
oompletod. UnlM an agreement is made in Wd tg err AppliCahlo Law trtgairus interest to be paid on sudr
Miscellaneous proceeds. Leader shalt not be req*W to pay Borrower my lttoreat or earnings on such
WoOdlaroous proeaods. If the restoridw or repair is not econowleslty fesst'bie or L?der'a security would
be tea empd, the Midedlaneoua Pmoeeds shall be applied to the same secured by this Seourity Inetrumed,
whether or not then due, wild the excess, if any, p#W to Bormwer, Saeb Misoelimms Proceeds rm be
spplW is due order provided for in Section 2
In the evoat of a total taking, destruction, or loss in vase of the property. the MisOellsasous
Proceeds shall be aapppplied to the sums secured by this Soo dV insaument, whether or not thus due, with
the eaceas, if any, prdd to 9onrower.
In the event of a partial taking, destruction, or ION in vaiVO of the Property in which the fair market
vAluc of the Property itumodtately berom the partial taking, d oa, or lost in value is
Varier than the amount of the sums secured by this Sma tp cod or
taking, destruction, or loss in value, unIM Borrower and Leader othethe y 6 the partial
agm writ*io Ing, the nos
sectired ed by thia Security the Ibpawing fraction; t (a te ) the iotai mhouaat of the gpus secured ?bofopmCOMS
re the
pariid taking, deannodon, or loss in value divide) by (b) the fdr market value of the Property
immediately before the Paetitd taking, desw00M. or lose In value. Any balance shalt be paid to Boriowcr.
In the event of a Var" tAlpng. destruction, or loss in vaine of the pmpetty in which clue fair matire.
value of the Properly >ciaodidely before the partial Moll, destroetioa, or Ion in value is leas thaw the
amount of the in= secumd lmm moody before tie partial taking. dutttrnettmt, or less in value. unless
Borrower and Leader otbarwise agree in writing, 1110161*01lantxata Flmmeds shall be applied to the sums
sssural by this Savrky Inshument whether or not the ewps sae flea due.
If the property m abaudarei by Borrower, err if, atbr tuattee by Lender to aoaowor that the
?4Pl g t (as defined is aeotence) o eta to raga an award to settle a dWm for ea,
to Ootleat and ms's flu dsaa the mdse is given, l.eadux is aped
_ apply the Menus pruteeeds either to uestoratiaa or repair of the Property or to the
that owes Bos?ower not than due. •tappod" PW mesas the d drd party
regard ML U sous pru0eods. Parry attdnet whom Borrower has a right of action in
Borrower shall be in defaWt if any Action or proaeedtu$. whether civil or crimlpai. is begun shat, in
Lender" Judgment. could nssWt In forMittre of the Property or other material kupdrtnent of Lender's
interest in the Property ordpis under this Security lastnmxat. Borrower can am eeeh a default and, if
Acceleration has occurred, reinstate Aa provided in Section 14, by cussing the acdon or proceMing to be
n , r 1002605915
44-4(PA) ioml qua to of to kad" - (t, ra
rronr, 3039 1101
BK 19 13PG0326
02-05-'09 15;19 FROM-
T-612 P012/0902 F-220J
dismissed with a ruling that, in Leader's Judgment, prvdudes fati'ft" of the Property or other rn*mal
impairment of LeadWa interest in the Property or rights under this Security Insttument. Mw peaeoeds of
any award or claim for dam Ap ft am attributable to tun impairment of Lender's intu mt is the property
are hereby assigned and shalt be paid to Lmdet.
All Mieoellsneoua Proceeds that are not applied to re *wulmt or top* of the Property shalt be
applied in the order provided for In Section 2.
12. Bar Oft Not Releettod; Fermi By Leaft Not a Waiver. Pactendon of the time for
payment or modilloation of amortiWoa of the amw secured by this Socnrity k1b utug t granted by Lender
to Borrower or any Successor in latte vd of Borrower shalt not operate to tdesse dine liability of Borrower
or any Successors in Igtered of Borrower, Leader dM not be to cammence prteoediags against
any Successor in Interest of Ba mm or to refuse to extend=for pnymeat or otherwise modify
amortitydlan of the suns sewed by this Security Indorwmea'by ream of sly demand made by the adghW
Borrower or My Succarun In Interest of Borrower. Any forbearance by Lender In eaamLft any right or
remedy inaladiag, without limitation, Leader's acceptance of payments from third persons, entitles or
Successors in Interest of Borrower or in amounts Iers than the smoum then due, shall not be a waiver of or
preclude the exer+else of any right or remedy,
13. Joint and Sevend Liabiilh; Cotidgnea; bNum aora and Assigns $oamd. Borrower come=
and aV= that Bormwer's obligations and liability stall be joint and several. However, PW Borrower who
ca-signs Ibis Security Instnomdtt but does not exaape the Note (a "co•signaft)- (a) is eo.sigaing this
Security lath meat only to mortgage, grant ad convey the Ca-signer's interest is the Property under the
terms of this Saanity instrument; (b) is not personally obligated to pay the nuns seemed by this Socarity
Instrument; and (e) agrees that Gender and any other Borrower can agree to extend, modify, forbear or
make any accommodations with regard to Me terms of this Security Instrument or the Note without the
co-signer's Cacseut.
Subject to the provisions of Section 18, any Sucaasar in lateteat of borrower who mames
Bomwmla obligations under this Security Instrument In writing, and is Vproved by 14Wer, duall obtain
all of gamma's rights mud beaotlte under this Security Imanwnem Bamhma shall not be rdes"i tom
Borrower's obligations and liability under tilt Security Inaftumw unless Lender Weer to such tdeaw In
writing. 'fie covenants and agreements of this Security instru set shall bind (except as provided in
Section 20) and bwoM the successors and assigns of Leader.
14. Loan Charm, I.eader may charge Borrower fan for see ko pezibm ed in connection with
borrower's default, for the purpose of protecting Leader's h*ti* in rue Property and tights under this
Security Instrument, including, but not limited to, attorneys' %w piapetty hupecdon and valuation feea.
In regard to any order fens, to abaeane of express sathorky In this SogcrBy Inswuneat to clause a specific
(be to Botmwer "I riot be construed a8 a prohibition on the charging Of Bach foe. [.ender may sot charge
far that are expressly prohibited by this Scattily Instiumcat or by Appliable Law.
If the Lost is sullim to a law which sets maxiftm loan C mq*, and that lea is nosily hrtetpreted so
that the interest at other loan charges collected or to be colhmakd in oannodfoa with Me Lau exceed the
pernmitte I limits, On. (a) saw such loan charge shall be wMicod by the amount nomiary tQ mom the
charge to the permitted limn) and (b) any am already eoNeeted from Borrower whkk exceeded ptRtaitted
limits Will be refunded to Borrower. Lerida may choose to make this refimd by reducing the
owed under to Note or by mal n direct payment to Borrower. if a refund tedaca pond th
redaedoa wife be treated as a p d prepayment without any pmgtryrmsmt dmarge (whetbe?r or awl a
prepayrment charge it pwvddod for under the Note). Botxoweet sc oRdaoc a of any such refund rode by
direct payment to Borrower will o"Otute a waiver of any right of action Borrower migbt I>ave arising cut
of MMh overcharge.
15, Notices. All notdee9 given by borrower or Lender in comection with We Security Instrument
must be is writing. Any notice to bortawer in C<11UMdan with this SeCUrity Instrument anal be deemW to
J 1002605915
lnldtla? !?
A-GtPA)tanosi P141 Is 016 Form 3039 1101
8K1913PG0327
02-05-'09 15:19 F01-
T-612 P013/032 F-823
have been given to Borrower when trailed by first class mail or when actually delivered to Borrower's
notice address if stint by other means. Notice to any sae Borrower dhoti conatitst o uofko to all Borrowers
unless Applicable Law expressly zequtiea otherwise. The notice *4dm shall be fife Pmppwty Address
unless Borrower has designated a substitute notice address by notice to Yoder. Borrower shall
notify Leader of Borrower's change of aridms. If Leader ascribes a procedure for rgJOtlipg Somwor'a
change of address, then Borrower shall only rgvd a dange of add= through that speoitled procedsre-
Ilem racy be only one designated notice address under thi; Seca:* b s rumeot at any one dine. Any
notice to Leader shall be given by delivering it or by -off igg It by first class mail to Leader's address
stated herein unless bender has designated soulbo r address by notice to Borrova r. Any notice in
connection with this Security Instrvmmt shall Act be dettmed to have been given to Leader until w*Wly
roe4ved by Leader. If any notice required by Win Security Iastromeat is also regnimil ender Applicable
Law, the Applicable Law requirement will satisfy the coft"undhig roquircraent under this Security
Instaft?urelrt.
16. Governing Law; SavembWty; Was of CorwtroeNea. This Security Instttunent shalt be
governed by federal law sad the law of the jurisdiction in which the Property is hucafed. All rigouts and
obligadonx contained in this Security Instrument an awed to say ragoiaemeats and !unitarians of
Applicable Law. Applicable Law udrt ea hcWy or idy akw Am parties to agree by contract or it
might be dientt. but such silence sh 1 not be omxf W at a pm*P* on agoind mar- by contract. In
the event prat say pruvIsion or dam of this Security Instrument or the NOW conflicts with Applicable
Law, such conflict shall not affect other provisions of ads Security Instrument or the Note which can be
given effect without the conflicting provision,
As used in this Security iasaumeat- (a) words of the maecul'rnc gender :bell mean and include
corresponding neuter words or words of the feminine gender; (b) words In the singular d a mean and
Include the plwrel and vice versa: and (c) the wort) 'may' gives sole dhoretioa without any obligation to
two atiy action.
17. Barroswsr'a Copy. $omwer"be give. one copy of the Note and of this Security iaairameot.
I& Trgpsfer of the Property nor a Beneficial blest In Barravu+nr. As ind. in aria Section 18,
"Interest In the Property' nvan arts InA or beaduaal interest in the Propcaty. Including, but not limited
to, those beneficial interests tranderred In a bond for deed, cvutract for dead, iostallurmt -ales contract or
escrow agreement, the intent of which is the awfcr of We by Borrower at a faun dots to a pa mbaser.
If all or say part of the Pr>perty of any Wrest in ate Property is sold or teaosfeuved (or if lbuiower
is not a natural person and a beooHcid iota M in >iotxo'rrer b sold or tamdared) without Leader's prior
written consent, Leader may miulto imasodiate payment is M of all sums secured by this Security
Instrtcme o However, this option shall not be exercised by Lender If such asardie is prohibited by
Applicable Law.
If Lender exercises this option, Leader shall give Bommm notice of acceleration. The notice shall
provide a period of ant loss arau 30 days from the date the notice is von in acaordaaoe with Section 15
within which Bommer matat pay all arms neared by this 8exnity Wren st, If Harrower fails to pay
these arms prior to ate eutpirmiua of this pdiod, Leader mry invoke Say remedies perndtted by this
security bebumcnt without iiulher notion or datiand on Bormwer.
W. Bota's+rWO Alght to Rd"O to After Aceder ion. If Borrower meets certain conditions,
Borrower shelf bave the zigbt to hive ealuscemw of this Swm* Ingram t discaatletrod at any time
prior to the earliest of: (a) five days before We of rite Properlypwa" to any power of a* eoatsined in
this Security Instrument; (b) such other period as Appiiuabte Law might specify for the hmah atiou of
8orrowces right to reinotmiq or (e) entry of a judgmeat epfo" this Security I gmupent. now
conditions are that Borrower. (a) pays Leader all sums which then woWd be due under this Security
Inatrua wet and the Note as if no acceleration had occusud; (b) cums any doWt of any other covenaate or
1002605916
aNwa?
-UL ??BiPA) eosnz? veer 1a a to Form 3039 1101
BK1913PGO328
02-05-19 15:20 FROM-
T-612 P019/032 F-O23
agreeattents; (c) Faye ail expanses incurred in enforcing this Seep ity TaStitttaent, including, but not limited
to. resemble attomeys' fees, Property inspection and vaiuMim fees, and other Jim iamwa for the
PuIPM Of ProWcfd Leader's interest in the Property and rights under this Security hmumdgtt and (d)
takes such acdoan as bender may re:aseoably require to now that Lender's htterest in the Property and
its under thin SWMity rnetrumea4 and BorrowCr'a obligation to pay the wan second by this Security
hishv'ns°t, s6e11 continue WChcmged. Ada may raquire that Bwower pay aach rd=UeW* sums and
expenses in Otte or MOM of the folloWbg forms, as selected by Lender; (s) colt; (b) money older; (c)
artiflod chair, bank cheek. tnasurer'g check or cashier', ebeek, provided any such dwk is drawn upon
an institution wbose deposits arc fainted by a federal agency. instrumentelity or ply; or (d) Hectmaic
Funds Transtor. Upon reinstatement by Borrower, this Sedsaity fiWa meet ad obligation, W=sd hereby
shall remain folly otlPPeztive as if no acceleration had occurred. However, this right to reinstate shall sot
apply in the case of acceleration under Section 18.
20. Sale of Note Clsno of Loan ServiOa3 Notice of Oriwaga. Tire Note or a partial b ft= in
the Note (togOw with this Security instrument) can be sold one or more titres witluout prior notice to
Botwwcr. A sale night result in a Change in the entity (known as the "Lem Sevicer") that collects
Periodic Payments due under the Note and this Security h==gat cad pertbrma other mottasge loan
servicing obligations under the Note. this Security batcomM, and AppUcahlo Lw. Thee alas might be
one or mote changes of the Law ScW= u migted to g sale of the Moo. If there in a chaagg of the Loan
SmViaer, Bortnact will be given written notice of the change which will ,fate the name acrd addnsg of the
slew Loan Servicer, the address to which payments should be made and any other informettop RESPA
requires in connection with a notice of Maier of scRV hag. It the Note h sold sad tbereefta the Loco is
serviood by a Loan Servicer other Wan the purchaser of the Note, the mortgage logs aelvfoing &Hggtions
to Borrower will remain with fire Lou Savi= or be ppmgfenbd to a suceaw Loan Servloa' and ran not
assumed by the NOW pnndaaur unless otharwiao ptovided by the NOW purchase'.
Nekh4r Borrower nor Leader may 6ommenee..join. or be joined to my judk, W adios (u either an
lndivUud litigant or the mewher of a crag,) that atlees from We other patty's actions pursuant to this
Soma* bmMment or bust allege, that the other Patty has breaabed say psovfdon of, or my duty owed by
reason of, Ibis Sastrity bwft=% until such BOMWer or Leadet has notified the whet party (with such
notice given in complW= with the reVitements of Section 15) of sack alloged. bteusch and afforded We
other party hereto a romawnsble period after the giving of arch sotioe to take oon+U*8 SW . If
APPlfceble Lew Pmvi u a time Period which must elapso batons c atria notion can be tdkm. dial time
period will be doomed to be remombla for purposes of ddg paragraph, The notice of M=WgWn and
opportunity to cure glVed to Borrower pursuant to Set m 22 and rho notice of W41Malion given to
Borrower pursuant to Section 18 shall be deemed to satlsfy the notice and opportunky to talte wpettivo
action provisions of this Section 20.
21. Rmrdoue Subotames. As used k this Sodion 21: (a) "Aaardous binbMmors" are those
substances tttllfred as MAc or haracdous aubnlanoea, polhuants, or wastes by govLoamedtal Law and the
following substances, gasoline, katm"no, other flammable or erotic petroltmp p edocts, toxic Pesticides
sad 11"Mchics, volatile aoavente, materials containing asbealm or fm=rldehyde. and radioactive materials;
(b) Enviraonxntet Law mesas federal laws and laws of the *1wiaion whee the Property is located that
relate to health, safety or enviroamamtgl protection; (c) "Ejaviro4mcgig ¦ . any feqftft
aatfou, remedial action, or removal action. ag defined is Bavlronmemsl 141%v; and (rid) an §Enyh==taj
Condition" nitanp a condition that can cause, contnibato to, or otherwise trigger ga FUviromtXMW
Cleanup.
1002605916 NUX! 4R4KPA) paati ran. 13 9114 Fenn 3038 1101
8K1913PGO329
02-05-'09 15.20 FFW-
T-612 P015/032 F-823
Bontower:hail not cause or parnak the presence, nee, disposal, storage, or relem of any HwArdous
Substances, or threaten to rda`e Bay Hazardous Sdrstaom, cal or its the Pro peq. Borrower slain not tip,
nor allow aayoue else to do. anything ofittift the Property (s) that is in violation of my govinoammtal
Law, (b) which auto an 8nvirb=eatal Condition, or (a) which, due to the pavence, use, or release of a
Hazardous Substance, errata a condition that advetady a kcb the value of the property. Tire
two mateaeea shall not apply to the presence. pee, or storage on the Pmperty+ of Mall quanbg pa of
Hazardous Substances that fire 1 roaogaized to be appropdo to 1116101111 rraidet tlai new gad to
maintearsare of the Property gl, 6nt >tot fifflift to, hazardous avbatattca fn canavmcr products),
Borrower sbali promptly give Under Written notice of (a) any iaverti , dabar, demand, lawsuit
or other action by any govt or regulatory egenar or pdvate party wing the Property and say
Narardous Substance or Bovirossneatpi Law of which Borrower has actual bowledge,
Eavhoameatal Condition, iac(uding but not limited to,?y g Oft. lealig. discharge, rdaae or th?b) any
reat of
release of any IfBracdou6 Subetaaoe, and (c) guy co: caused by the presence, use or release of a
HazKdm Substance which adversely dbM the V d= of the property If Boxmwer leams, or is notified
by any govarnrnaatal or regulatory authority, or gay private party, that arty reanovat or other ramedtatiou
of gay Hazardous snbrtaam aflbotlag the property L necessary, Borrower shall ppronpby tame all oeoeseary
netne" actions in aovontmoo with Bavi%urrsital law. Nothing herein shall create any obligation on
lender for an Environmoatal Cleanup
NON-UMMRM COVENANTS. Borrower and Lmder tither caveoant and WW as MIM"-
22. Aftela ttion; Rea"es. Leadw idiot( give notim to Borrower prior to "Wavtlon following
Borrower's breach of any cowcsaME or sommomt in #do Set Wity Iastruaiest Nut not prier to
acceleration under Section 18 miler ipp Lax pmridss otherwise:). ll eadcr shill notify.
Borrower or, among other 1Wnp i (a ea d? N) the Udon r?egairod to cure the desalt; (c) when
the deraudt be cured; and (% that bihn to an the d kk m speddesi may =at in
acceleration or the sums secured by this t3eeeuily liaelruaamt, farecloearre bl' jWW proceeding and
side Property. Lead& shall fariber;gfatm Bete rowrer er darlOt to rebsstnte after acoderatlon
and the rlglet to asst In the rereolcatnv ps,ooeediat the nan?ce or at dddt or my otLQ
defogs of Borrower to mcde radetr and rorercTawnwe. ]r fire 406ault is not am d as apediw, Leader at
its option may require i?edlate to tall of all Bums secured by thts qty ] strument
without turdw demrnd sad may (m+eelp4e We gepsrJf<j• botrument by JUMC i pacoading. Lmder
shalt be eatttkd to eolltr4t all eappmes hHurred to pursuing the reegpto provided in this Section 22,
including, but not hleaited to, a teraoys' fee: and costa or f[tte ioddenee to the orteart permitted by
Applicable law.
23. Release, Upon payment of all am secured by this Saarrity igrtt this Security lasummeat
and the seism conveyed shall to a and because void. After such oouumnoe, Lander " dbdwp
and satisfy two Secasnty lnaaumept. Borrower rail pay ?r recotdarloq coals. Lender maY charge
Borrower a tee for releasing this Seemly It "trasneat, but cols if the toe is paid loot third party for services
rendered and the cbgt of rho fee is permitted ender; Law.
24. Waivers. Borrower, to the Wmt p Law, waives and release any enor or
ddb ?prooadmgs to duf ce lure Saattrlty butru mtiot, ad hadby, waives the benefit of any present or turo and how id
les for day of awoution, ea=don or tome, URVIlon from atoobmodt, levy and solo,
mupdan.
25. Rehadatemeett Per" Borrower's time to miastata pruvided in Section 19 shall extend to one
h
our pdor to the eonvuencemeut of bidding at a shedws We or other sane pursuant to this Security
InsuUMOL
26. Pmm6sse Money Mestgage. IS any of the debt secured by this Security hnshument Is lent to
Borrower to acgahe; title to the Property, this Security ?ummt dW be a purchase money mortgage.
27. Intoner Rate After Judgment: Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an aatou of Mortgage foreclosure shall be the rate payable from time to time
under the Note.
1002605915
(RAPA) (05021
'
?pr 14 d ,a rbrn 3039 7101
BK 1913PG0330
02-05-'09 15:21 FROM-
T-612 P016/032 F-823
BY SIGNING BELOW, Borrower aomo and agrm to the teals( aad coveamm contained in this
Security Instrument and in any Rider executed by Borrower and reoocded wdth it.
Wimmes:
r
R BER D. ERSKtNE
eaffowa
-Bomwer
Ma) (Seat)
-Boeower Barrower
- (W (Scat)
-Darm%W -Bafrawa
(Seal) (Sam)
Qt-S(PA) INOW
P"d 10 of to
1002605915
Form 3039 1101
OK 19 13PGO331
02-05-'09 15:21 FlOl-
COMMOMMALTHOFMNNMVANIA, Qmberl.and
on two, the 29th day of Jtme, 2005
undendgued officer, pereonelly aplm'sd Robert: D. Erskine
T-612 P017/032 F-823
County ss:
, before me, the
known to me (or
satisfactoMy proven) to be the person(# whose name. idmm subsmibW to the wild a bmtrummt aw i
aekcnowledgad that W4h dhWexsouted the sams for the purposes derda contained.
IN WIC Nk8S8 WHMOF, Y hereunto set my hand and official veal.
My Commission Expires:
CAt OF PEMMMVANIA
NOMW Sod
00 Mt OANN Pbtt Pum
Cctrnty
tiiA9p?°n 9, 2009
w.1mm AM tiAontba. P?vse
Thteofottt NOtary Public
Ca l ifiaate of rf ce
1. 6a.Wm: , do hereby cvrtify that
the carrax he w Ithin•aameti Mortgagee k 18400 Yon Karman. suite 1000.
Irvine, CA 92612
Witness my had this 29th day of June, 2005
Aamt of UttoM a
1002605915
ideas
44•9IPAI IDB021 P". to of to Form 3039 1109
BK 1913PGO332
02-05-'09 15:21 FR011-
T-612 P018/032 F-823
ADJUSTABLE RATE RIDER
(L 0'1 Sits*N'0'1th 111daz (As Pub6bed is The Wall d'fn w Jorrrad()-Rate Cape)
Z YKA RATE LOCK, s yEAR INTEREST Or4Ly PERIOD
THIS ADJUSTABLE RATE PMER is made this 29M day of jUng, 2005
and is inoorporsted irtto and 811311 be defined to amend And suppletttant Ilse D
Security lead (the "Security Inshtllneat") of the same data MO 3 eed of Duet; or
BorroCwoarn's?Aydjustable Rata Note (the "Note"} h gNen by the undersigned ( trowce) to secure
Nl.endm") 7dMa aamc %o anted d aav ing the property deeorilwd iu the Securi
1340 BRYN MAWR RD 1Y ? mt sad located at:
Ot?r? C94518, PA 17013
THE NOTE CONTAM PROWSIONS ALLOVMG FOR CHANGES IN THE INTEREST
RATE AND THE MONTRLY PAYMENT, THE NOT19 UNTS'ME MAXIMUM RATE
BORItOWElt MUST PAY.
ADDITIONAL COVENANTS. In addition to the covemla gad agrdoaunts made in the suety
Instrument, Borrowar and I ender further covenant and agree as follows:
A. INTEROin RATE AND MONT13LY PAYAMNT CHANGP S
The Note provides for as initial interest rata of 6.175 %. The Note provides for
ohnages in the interest rate and monNy payment, as follows:
4. INTEREST RITE AND M0NT13lL'y rAyhUWT Gn W(;FS
(A) Cbangc Dates
Mleinterest rate 1 will paY m4Y Change on the 1119 duy of Ady, 20007
and art the same day of every 6th month thevea&er. Bach dew oa which ray Jutm( rule could ciwttgc is
called an "3nterestRate Change bate."
(B) The Index
Beginning with the first Interest Rote Change Date, toy interest
OWgilL 17re "Index" talc will be based on Index pins a
is the avenge of inted=k ot1'eaod rates for out month dollar deposits in the London
market ("LIDOIt'), as published is 77re Wall Street Journal "Money gates" Table. 710 most Ment brdex
figure available as of tbo lust business day of the month ioymediately preceding the month in which the
bttareat Rata Change Date ocerrta is coiled the "GUaglt Indm.
If the Index is no longer avaitabk, tbo Note holder will chooso g easy ladax that is based upon
oomparabla iafomration. The Note Holder will give soya aotioe of this choice,
NOW
F1=&AXM3jxMeathl W;t
1n -M Galy ltidar(Mutt4kic)
1tFMI (Gnaos) Pegs t of3 100204815
GK 19 {-3PG0333
02-05-'09 15:21 FROM- T-612 P019/032 F-823
(Cj Calculation of Changes
On each Interest Rate Change Date. the Note Bolder will calculate my new interest we by adding
Flo And Fbl*tn Mund pe tit(s) Percentage Points
CuMent Index. The Note Holder will then round this ft 5.550 %) to the
(0.125 %). Subject to the limits stated is Section 4(D) ? below, ft this amount tnt vn will be eighth my of new one peroe interest rat tatee point
the next Interest Rate Change Date unto
Of 11SWest-0411y Period. Tlie "Werett.only Period" is the period from the date of this Note
throwg?t duly 4 2010, called the "Amortization Start Date." the Int m*-oaty Period, my
monthly payrneats will only pay the intmnat I vane Dm*g Holder will calculate the amount of my monthly the l ffi t-ow Period, the We
yea's interest at the then applicable intt satc. 7. result opt calculation ??l be the amone 1
ounnt
ofmy monthly payment until changed.
00 Amortization Period. Daginsing on die Moorantion Date my monthly payments win
include principal. Starting on the Amortization Start Date ad continuing UM the Maturity Date,
on each Interest Rate Cheap Date the Note Holder will osibulate the amount of the monthly
payment that would be sufficient to fully repay the :orominiag unpaid pfiscAW as equal monHd
payments by the Maturity Date at the new interest rate, asfor y
calculation, that the interest rate did not change apK 7U purposes; of each
new amount of my monfly payment until the seat Iuterestt Rate CbangeDattlation will be the
(D) Limit on Interest Rate Changes
The interest rate I am regu red to pay at the Am Cho. a Date will not be greater than 7.675 % or lets
than 6.175 %. Thertafter, my interest rato will sever be iuereased or decreased on any single Werest Rate
At hang for the preceding more rhea one and ono half penxntags points (t.S%) from the rate of bttmest I have been
Preceding month. My iatftest rate will never be greater than 13.175 % or less than 6.175 %.
M Effective Date of Cbtragea
My new iutcrest rate will become W ective on each Interest Rate Change Data. I will pay the ameount of
raYy maw mostialy payment beginning on the tort monthly payment date after the Iuterast Rate Change Date
until the amount of my monthly payment ohangea again.
M Notice of Changes
The Nota holder wlll deliver armed Wme a Aotlae of any ohapgp is my Wttmi note and the amount
of my monthly payment at least 25 days before the dfictive date of any Cheap. Iba notice will include
information required by law to be gavot, to me and also the title and telephone umber of a person who will
answer any questions I may ]lame agatding the notice.
11. GOVERMENGv LAW - SECUMD NOTI;
The Note is governed by federal law and the law of the jario C&M in which Wo
Security Instrument (as defined below) is Iocaped, In addition to the enthe N tied by the
under the Note, a Mortgage, Deed of Tiust or Sec?ty Dead (?o ?° ??b pd Note Hpidar
as the Note protects the Nato Holder from poastble losses Which"Security migh ?? t same dale
which I ?kc in the Note. 'That Secun Irutrumem de
ctibee how t' t if do not die the pmndses
required to male imtuediatc ty sad carder whit conditions may be
are described an follows; payment m foil of all ainoutits I owe under the Note. Some of them conditions
MUMC
Fixo&ARM Six MonW LMOR Page 2 a1'3
lakTut?ro` SWe mulmute) 1002803915
8Hii 3PG0334
02-05-'09 15:22 FROM-
T-612 P020/032 F-823
B, TAMSPEER OF THE PROPERTY ORA B r4MCIAL YNT1'?RRST IN BOUROWER.
Uniform Covenant 18 of tho Security Instrument is amended to road ae follows:
Transfer of the ftoperty or a Baaa$olal Interest in Borrower. If all or any part of the
interest in it is sold or transfm ed (or if a beneficial intmed in Borrower is sold or trawfoaed Pzopuq or and Baurom any
is not a natural person) without Lender's prior written cvnseat, Lender may, at its option, requiro inmmediato
ppaayment in JW1 of A Bums secured by this Security Instrument. However, this option shall ;not be exercised
by Lender if exenhse is prabibited by fedartd law as of the date of this Security Imtromeut,
If Lender exorcises this option, Lauder shall givc Bo rower notice of aecclamdox The no&4 shall
provide a period of not lose thou 30 days liwm the date the notice is dativacd of tttailcd within which
Borrower roast pay ail sums aeoured by this Security IustrraneaL if Borrower bag to gay than saws prior to
the expiration of this period, Loader may invoke any remedies pcm itmd by this Seeodty lastruna mt without
Potthei notice or demand on Borrovrcr,
BY SIGNING BELOW, Borrower accepts and agrees to the tears and coveoantd contained in this
Adjustable hate hider.
I L4?
ROBERT 0. ERSIONE Barone,
-110m v
(sign Original OW
NCUC
Fixed/ARM Six Moatb LIBOR
lawca only Rider (t?fW6xmte) l?wt a Bra
BBi,1`§'rJFIG U3-.35
•M/?QOAfA? ?
?vv?wro ?.y
02-05-`09 15:22 FROM-
AD.IUSTABBLE RATE LOAN
T-612 P021/032 F-823
7114 Prepayment Rider is mado this 2M day of .Tune 2005 , and is incwpwated
into and shall be deemed to atnemd and snppk mtetuthe promissory Note (,be "Note") end Mortgage, beod of
Trust or Security peed (the "Security b0hucient") of the same date given by the undmignod (the
"Borrower") to secure repayment ofBorrowces Note to
Now Cerdwy Moriiaape Carporggan (thr, "Lmdee).
d/or grata gat this provisions of this Prepayment Mar are 1WAMistest with the provisions of the Note
an
"d1oriateSecurity Mt' 1110 VMvidons of thin cider shall prevail over and shall sapmede any such
provisions of the Note 4ndlar Security Ias mment.
In addition. to the covenam and agreements made in the Note and Seenrity Instrument, the Borrower and
Leader further covanaat ad agate ss follows:
S. BORROW= RIGHT TO PREPAY
I have the right to make Pmpayrn Nts of principal any time before they are due. A payment of
principal only is known as a "prepayment". Whom I make a prepayment, I will tell the Note Bolder in
writing I am doting so. Tlra Note Holder Will use aB of my prepayments to reduce the amount of
principal that I owe under this Note. If I make a partial prepayment, there will be no changes in the
due dates of my monthly payments uNeM the Mob Bolder agrees in wrltlmg to those changes, My
partial prepayment may reduce the amount of my monthly payments alter the nrrt Change Date
following my Fardal prepsyment,
Ifwiddu 2 year(a) from the date of execution of the Security Isntrupacmt, I make a full
prepayment or, In certain eases a pupal prepayment, and the total of such prepayment(s) In airy
Il1 m oath period exceeds TWFM t'ICKCINT (20%) of the original principal amount of this loan, I
will pay Prvayrrtemt charge In an amount equal to the payment of 6 mouths advance Interest on the
amount by which the total of my prepdyment(s) within that 12-mouth period exceeds TWEZV'CY
PERCENT (201A) of the original principal amount of the loan.
BY SIGNING BELOW, Borrower accepts and agnm to the temps and covenants cootsirred is this
Prepsy naqMtRidor.
ROBERT D. ERSIGNE
Whic
P.apay MEW-ARM (MaUialate)
R13-107 (020900) Page t of t 1002605915
8K 1913PG0336
02-05-'09 15:22 FFtW-
T-612 P022/032 F-823
ALL THAT CERTAIN lot of ground with the buildings and Improvements enacted thereon situate
on the West side of Bryn Mawr Road In the Fifth Ward of the Borough of Carlisle, Cumberland
County, Pennsylvania, more particularly bounded and described as follows:
BOUNDED on the north by Lot No_ 33, Stock "R", in the hereinafter mentioned Plan of Lots- on
the east by Bryn Mawr Road; on the south by Lot No. 32A, Block "R', on said Plan of Lots and on
the West by Lots 12, and 16 of Block °R" on said Plan of Lots the some being property
now or formerly of Carl M. and Midem A. Jumper.
BEING Lot 32, Biotic "R" on the Plan of Lots of Carlisle Trust Company Plan of Oakland Manor,
recorded In the Recorder of Deeds ofte of Cumberland County, Pennsylvania, In Plan Book 3,
Page IS, and having frontage on the west side of Bryn Mawr Road of 60 feet and extending at an
even width 135 feet in depth, being known as and numbered 7340 Bryn Mawr Road.
BEING THE SAME PREMISES which Brian C. Prentice and Kelly L. Prentice, by their dead to be
recorded simultaneously herewith In the Office of the Recorder of Deeds of Cumberland County,
granted and conveyed unto Robert D. Erskine.
I Certify this to be recorded
In Cumberland County PA
Recorder of Deeds
19.13FEU:?? i
Carrington 9050 Mortgage Services, LLC PRESORT
Temecula, First-Class Mail
Temeculaa, , C CA 92589-9050 U.S. Postage and
Fees Paid
WSO
Please send correspondence to: 7113 8257 1472 8104 4140
Carrington Mortgage Services, LLC Return Receipt (Electronic)
P.O. Box 54285
Irvine, CA 92619-4285
Please send payments to:
Carrington Mortgage Services, LLC
Attn: Payment Processing
PO Box 79001 ' I I ' I I I I I I I
Phoenix, AZ 85062-9001
ROBERT D ERSKINE
1340 BRYN MAWR RD
"CARLISLE, PA 17013
20080812-6
555
1109-v9
!I
w
CMS
P.O. Box 54285, Irvine, CA 92619-4285 (888) 788-7306 Fax (949) 797-5310
N0555
08/11/08
ROBERT D ERSKINE
1340 BRYN MAWR RD
"CARLISLE, PA 17013
Sent Certified Mail
7113 8257 1472 8104 4140
RE: Loan Number: 1002605915
Property Address: 1340 BRYN MAWR RD
"CARLISLE, PA 17013
Dear Mortgagor(s):
Notice of Intent to Foreclose
The Mortgage held by Carrington Mortgage Services, LLC. (hereinafter we, us, or ours) on your property located at:
1340 BRYN MAWR RD
"CARLISLE, PA 17013
is in serious default because you have not paid the monthly payment(s) and other charges for the months of 6/l/08
through 08/11/08 as follows:
3 Payments @ $1,010.22 (including fees) : $3,052.70
Late Charges: $41.71 totaling: $0.00
Less Other Fees/Advances (included above) $0.00
Less Funds in Unapplied - 0.00
TOTAL DUE $3,052.70
The total amount now required to cure this default, as of the date of this letter, is $3,052.70, less $0.00 in Unapplied.
There may be additional fees or charges associated with the reinstatement of this loan.
* If your loan is an adjustable rate mortgage (ARM) loan, Principal, Interest, Taxes and Insurance (PITI) may vary.
Please call our toll free number 888-788-7306 for the specific breakdown of the monthly payments.
You may cure this default within thirty (30) days of the date ofthis letter by paying the amount of $3,052.70, plus any
additional monthly payments and late charges which may fall due during this period. Please remit a cashier's check or
money order payable to Carrington Mortgage Services, LLC.
?!-Z-d
Overnight Mail
Carrington Mortgage Services, LLC
Attn: Payment Processing
1610 E. St. Andrew Place
Santa Ana, CA 92705
Western Union
Quick Collect (arty location)
Code City - CARRINGTONMS
Code State - CA
N0555
Page 1 oft
If you do not cure the default within thirty (30) days, we intend to exercise our right to accelerate the mortgage payments.
This means that whatever is owing on the original amount borrowed will be considered due immediately, and you may
lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount in default is not
made within thirty (30) days, we also intend to instruct our attorney to start a lawsuit to foreclose your mortgaged
property. If the mortgage is foreclosed, your mortgaged property will be sold by the sheriff to pay off the mortgage debt.
If we refer your case to our attorney, and legal proceedings are started against you, you will have to pay the reasonable
attorneys' fees, even if they are well over S 50.00. Airy attorneys' fees will be added to whatever you owe us, which may
include our reasonable costs. If you cure the default within the thirty (30) day period, you will not be required to pay
attorneys' fees.
We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have
not cured the default within the thirty (30) day period and foreclosure proceedings have begun, you still have the right to
cure the default and prevent the sale at any time up to one hour before the sheriffs foreclosure sale. You may do so by
paying the total amount of the unpaid monthly payments, plus any late or other charges then due, as well as the
reasonable attorney's fees and costs connected with the foreclosure sale (and any other requirements under the mortgage).
It is estimated that such a sheriffs sale could be held approximately six (6) months from the date of this notice. A notice
of the date of the sheriffs sale will be sent to you before the sale. Of course, the amount needed to cure the default may
increase the longer you wait. You may find out at any time exactly what the required payment is by calling 1-888-788-
7306. This payment must be in CERTIFIED FUNDS, payable to Carrington Mortgage Services, LLC and sent to the
address listed previously.
You should realize that a sheriffs sale will end your ownership of the mortgage property and your right to remain in it. If
you continue to live in the property after the sheriffs sale, a lawsuit could be started to evict you.
You have additional rights to protect your interests in the property. You have the right to sell the property, to obtain
money to pay off the mortgage debt, or to borrow money from another lending institution to pay off this debt. You may
have the right to sell or transfer the property, subject to the mortgage, to a buyer or transferee who will assume the
mortgage debt, provided that all outstanding payments, charges, and attorneys' fees and costs are paid prior to or at the
sale, and that the other requirements of the mortgage are satisfied.
Contact us to determine under what circumstances this might exist. You have the right to have this default cured by a
third party acting on your behalf.
If you cure the default, the mortgage will be restored to the same position prior to the default occurring. However, you
are not entitled to cure your default more than three (3) times in any calendar year.
Should you need additional assistance, please contact our office at 1-888-788-7306, between 5:00 AM and 9:00 PM,
Monday through Thursday, and 5:00 AM to 5:00 PM, Friday, and 6:00 AM to 2:00 PM Saturday, Pacific Time.
Sincerely,
Loan Servicing Department
Carrington Mortgage Services, LLC
CREDIT REPORTING
We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on
your account may be reflected in your credit report.
MINI MIRANDA
This communication is for the purpose of collecting a debt, and any information obtained from the trustor(s) will be used
for that purpose. This notice is required by the provision of the Fair Debt Collection Practices Act and does not imply
that we are attempting to collect money from anyone who has discharged the debt under the bankruptcy laws of the
United States.
HUD STATEMENT
Pursuant to section 169 of the Housing and Community Development Act as 1987, you may have the opportunity to
receive counseling from various local agencies regarding the retention of your home. You may obtain a list of the HUD
approved housing counseling agencies by calling the HUD nationwide toll free telephone at 800-569-4287.
N0555
Page 2 of 2
Carrington Mortgage Services, LLC PRESORT '
PO Box 9050
Temecula, CA 92589-9050 First-Class Mail
U.S. Postage and
Fees Paid
WSO
7113 8257 1472 8104 5253
Please send correspondence to:
Carrington Mortgage Services, LLC Return Receipt (Electronic)
P.O. Box 54285
Irvine, CA 92619-4285
Please send payments to:
Carrington Mortgage Services, LLC
Attn: Payment Processing
PO Box 79001 I ICI I'I II I? I I
Phoenix, AZ 85062-9001
ROBERT D ERSKINE
1340 BRYN MAWR RD
'CARLISLE, PA 17013
20080812-6
550
1109-v9
CMS
P.O. Box 54285, Irvine, CA 92619-4285 (888) 788-7306 Fax (949) 797-5310
N0556
08/11/08
ROBERT D ERSKINE
1340 BRYN MAWR RD
"CARLISLE, PA 17013
RE. Loan Number: 1 0026059 1 5
Property Address: 1340 BRYN MAWR RD
"CARLISLE, PA" 17013
ACT 91 NOTICE
Sent Certified Mail
7113 8257 1472 8104 5253
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official Notice that the mortgage on your home is in default. and the lender intends to foreclose
Specific information about the nature of the default is provided in the attached pages
The HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to
help save vour home. This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY
WITHIN 30 DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the
Counseling Agency.
The name, address, and phone number of Consumer Credit Counseling Agencies serving your County are listed
at the end of the Notice. If you have any questions- you may call the Pennsylvania Housing Finance Agency
toll-free at (800) 342-2397. Persons with impaired hearing can call (717) 780-1869
This Notice contains important legal information. If you have any questions, representatives at the Consumer
Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in your
area. The local bar association may be able to help you find a lawyer.
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO ESTA AGENCIA
(PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA.
PUEDES SER ELEGBLE PARA UN PRESTAMO POR EL PROGAMA LLAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA
"ERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
N0556
Page I of5
HOMEOWNER'S NAME(S): ROBERT D ERSKINE
PROPERTY ADDRESS: 1340 BRYN MAWR RD
"CARLISLE, PA" 17013
LOAN ACCT. NO.: 1002605915
ORIGINAL LENDER: Contact Carrington Mortgage Services, LLC
CURRENT LENDER/SERVICER: Carrington Mortgage Services, LLC
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAYBE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
• IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY
MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR
EMERGENCY MORTGAGE ASSISTANCE:
• IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL,
• IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE
PAYMENTS, AND
• IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE
PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled to a temporary stay of foreclosure on
your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a
"face-to- face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS
MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY
MORTGAGE ASSISTANCE. YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS
NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT," EXPLAINS HOW TO BRING YOUR
MORTGAGE UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling
agencies listed at the end of this Notice, the lender may NOT take action against you for thirty (30) days after the date
of this meeting. The names, addresses, and telephone numbers of designated consumer credit counseling _agencies for
the county in which the property is located are set forth at the end of this Notice It is only necessary to schedule one
"face-to-face" meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in
this Notice (see following pages for specific information about the nature of your default). If you have tried and are
unable to resolve this problem with the lender, you have the right to apply for financial assistance from the
Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign, and file a completed
Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling
agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program
and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your
application MUST be filed or postmarked within thirty (30) days of your "face-to-face" meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT
FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY
PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE
ASSISTANCE WILL BE DENIED.
N0556
Page 2 of 5
AGENCY ACTION - Available funds-for emergency mortgage assistance are very limited. They will be disbursed by
the Agency under the eligibility criteria established by the Act. The Pennsylvania Housirig Finance Agency has sixty (60
days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued
against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania
Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY,
THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD
NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy, you can still apply for Emergency Mortgage Assistance.)
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date.)
NATURE OF THE DEFAULT - The MORTGAGE debt held by the above lender on your property located at:
1340 BRYN MAWR RD "CARLISLE, PA" 17013
IS SERIOUSLY IN DEFAULT because:
A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following
amounts are now past due:
3 Payments iv $1,010.22 (including fees) : $3,052.70
Late Charges: $41.71 totaling: $0.00
Less Other Fees/Advances (included above) $0.00
Less Funds in Unapplied -$0.00
TOTAL AMOUNT DUE, LESS FUNDS IN UNAPPLIED,
AS OF 08/11/08: $3,052.70
** There may be additional fees or charges associated with the reinstatement of this loan.
B. YOU HAVE FAILED TO TAKE THE FOLLOWING ACTION: Make your monthly payments as specified in your
deed of trust or mortgage.
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice
BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $3,052.70 PLUS ANY
MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY
PERIOD. Payments must be made either by cashier's check, certified check, or money order made payable and sent to:
Overnight Mail
Carrington Mortgage Services, LLC
Attn: Payment Processing
1610 E. St. Andrew Place
Santa Ana, CA 92705
Western Union
Quick Collect (any location)
Code City - CARRINGTONMS
Code State - CA
You can cure any other default by taking the following action within THIRTY (30) DAYS of the date of this letter:
Contact our offices at (888) 788-7306 to determine the best way of reinstating the account.
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of
this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in
monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender
also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property.
rf i
N0556 7113 8257 1472 8104 5253
Page 3 of 5
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the
mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins
legal proceedings against you, you will still be required to pay the reasonable attorney's fee that were actually incurred,
up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees
actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe
the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY
period, you will not be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT .PRIOR TO SHERIFF'S SALE - If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at any time up to one hour before the Sheriff's Sale. You may do so by paying the total amount then
past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure
sale, and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any
other requirements under the mortgage. Curing your default in the manner set forth in this Notice will restore
your mortgage to the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such Sheriffs Sale of
the mortgaged property could be held would be approximately 6 months from the date of this Notice. A Notice of
the actual date of the Sheriff s Sale will be sent to you before the sale. Of course, the amount needed to cure the default
will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by
contacting the lender.
HOW TO CONTACT THE LENDER:
Name of Lender: CARRINGTON MORTGAGE SERVICES, LLC
Address: 1610 E. St. Andrew Place Ste. B-150 Santa Ana, CA 92705
Phone Number: (888) 788-7306
Fax Number. (949) 797-5310
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriff s Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove
you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - Under the terms of your mortgage and note, it may be possible to sell or transfer
your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments,
charges, and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are
satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW
MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED,
IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT
MORE THAN THREE TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
N0556
Page 4 of 5
i
Deutsche Bank National Trust Company, as Trustee, for Carrington Mortgage Loan
Trust, Series 2005-NC5 Asset-Backed Pass-Through Certificates v. Robert D. Erskine
VERIFICATION
The undersigned is Assistant Vice President of Carrington Mortgage Services on
behalf of Deutsche Bank National Trust Company, as Trustee, for Carrington Mortgage
Loan Trust, Series 2005-NC5 Asset-Backed Pass-Through Certificates and as such is
familiar with the records of said corporation, and being authorized to make this
verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing
Complaint are taken from records maintained by persons supervised by the undersigned
who maintain the business records of the Mortgage held by Plaintiff in the ordinary
course of business and that those facts are true and correct to the best of the knowledge,
information and belief of the undersigned.
I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE
SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO
UNSWORN FALSIFICATION TO AUTHORITIES.
Carrington Mortgage Services on
behalf of Deutsche Bank National
Trust Company, as Trustee, for
Carrington Mortgage Loan Trust,
Series 2005-NC5 Asset-Backed
Pass-Through Certificates
Name: ? ? I l Ol 101121
Title:
n? v .
Company:
09-034669
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SHERIFF'S RETURN - REGULAR
CASE NO: 2009-01041 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
DEUTSCHE BANK NATIONAL TRUST
VS
ERSKINE ROBERT D
STEVE BENDER , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
ERSKINE ROBERT D the
DEFENDANT , at 0015:40 HOURS, on the 26th day of February-, 2009
at 1340 BRYN MAWR ROAD
CARLISLE, PA 17013
ROBERT ERSKINE
by handing to
DEFENDANT
a true and attested copy of COMPLAINT - MORT FORE
together with
and at the same time directing His attention to the contents thereof.
Sheriff's Costs:
Docketing
Service
Affidavit
Surcharge
So Answers:
18.00
4.50
. 00
eta -
10.00 R. Thomas Kline
.00
32.50 02/27/2009
SHAPIRO & DENARDO
Sworn and Subscibed to
before me this
By:
? oz?_?
day Deputy Sheriff
of A. D.
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SHERIFF'S RETURN - NOT FOUND
CASE NO: 2009-01041 P
COMMONTWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
DEUTSCHE BANK NATIONAL TRUST
VS
ERSKINE ROBERT D
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
^/1/9TT"'A T.TT but was
unable to locate Him in his bailiwick. He therefore returns the
COMPLAINT - MORT FORE ,
NOT FOUND , as to
the within named DEFENDANT , OCCUPANT
1340 BRYN MAWR ROAD
CARLISLE, PA 17013
NO OTHER OCCUPANTS OTHER THAN DEFENDANT ROBERT ERSKINE
Sheriff's Costs: So answers:
Docketing 6.00
Service .00
Not Found 5.00 R. Thomas Kline
Surcharge 10.00 Sheriff of Cumberland County
.00
21.00 SHAPIRO & DENARDO
02/27/2009
Sworn and Subscribed to before
me this day of
A.D.
On
SHAPIRO & DeNARDO, LLC
BY: MICHAEL J. CLARK, ESQUIRE
ATTORNEY I. D. NO: PA Bar # 202929
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 09-034669
Deutsche Bank National Trust Company, as
Trustee for Carrington Mortgage Loan Trust,
Series 2005-NC5 Asset-Backed Pass-
Through Certificates
PLAINTIFF
VS.
Robert D. Erskine
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO:09-1041-CIVIL TERM
DEFENDANT(S)
PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER
AND ASSESSMENT OF DAMAGES
Enter Judgment IN REM in the amount of $124,225.19 in favor of the Plaintiff and
against the defendant(s), jointly and severally, for failure to file an answer to Plaintiffs
Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs
damages as follows and calculated as stated in the Complaint:
Principal of mortgage debt due and unpaid $109,115.55
Interest at 9.175% from May 1, 2008 to March 30,
2009 (334 days @ $27.43 per diem) $9,161.62
Late charges (for certain months prior
to default and every month after at a rate of
$41.71 per month) $356.97
Escrow Advance (As stated in Complaint) $341.05
Title Search Report Fees $250.00
Attorneys Fees $5,000.00
TOTAL AMOUNT DUE $124,225.19
BY:
Michael J. Clark, Esquire
Attorney for Plaintiff
AND NOW, judgment is entered in favor of the Plaintiff and against the Defendant(s)
and damages are assessed as above in the sum of $124,225.19.
09-034669
Pro. Prothy.
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SHAPIRO & DeNARDO, LLC
BY: ILANA ZION, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 87137
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 09-034669
Deutsche Bank National Trust Company, as
Trustee for Carrington Mortgage Loan Trust,
Series 2005-NC5 Asset-Backed Pass-
Through Certificates
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 09-1041-CIVIL TERM
VS.
Robert D. Erskine
DEFENDANT
NOTICE OF INTENTION TO TAKE DEFAULT
UNDER Pa.R.C.P. 237.1
IMPORTANT NOTICE
TO: Robert D. Erskine
DATE OF NOTICE: March 19, 2009
You are in default because you have failed to enter a written appearance personally or by attorney
and file in writing with the court your defenses or objections to the claims set forth against you. Unless
you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a
hearing and you may lose your property or other important rights. You should take this notice to a lawyer at
once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out
where you can get legal help:
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED
THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO
COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE.
NOTIFICACION IMPORTANTE
Usted se encuentra en estado de rebeldia por no haber tomado la accion requirida de su parte en
este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta
notification, el tribuna podra, sin necesidad de compararecer usted in torte o escuchar preuba
alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes.
Debe llevar esta notification a un abogado immediatamente. Si usted no tiene abogado o si no
tiene dinero suficiente para tal servicio, vaya en persona o flame por telefono a la oficina cuya
direction se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal:
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE
ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR
ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE
USED FOR THAT PURPOSE.
PERSONS TO WHOM RULE 237.1 NOTICE SENT TO:
Robert D. Erskine
1340 Bryn Mawr Road
Carlisle, PA 17013
uwm-ft-
Ilana Zion, Esquire
Shapiro & DeNardo, L
Attorney for Plaintiff
RLED-OffiM
OF W PROTHONOTARY
2019 APR --3 AM 0 56
cuma&i?Mj cam
PEfCSUMA,
SHAPIRO & DENARDO, LLC
BY: DANIELLE BOYLE-EBERSOLE, ESQ.
MICHAEL CLARK, ESQ.
CHRISTOPHER A. DENARDO, ESQ.
AND R ANA ZION, ESQ.
ATTORNEY LD. NOS. 81747, 202929, 78447 & $7137
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610) 278-6800
S & K FILE NO. 09-034669
Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS
Trustee, for Carrington Mortgage Loan Trust, CUMBERLAND COUNTY
Series 2005-NC5 Asset-Backed Pass- ;
Through Certificates NO:
PLAINTIFF
vs.
Robert D. Erskine
1340 Bryn Mawr Road
Carlisle, PA 17013
DEFENDANT(S)
STATE OF: --?C
COUNTY OF: OWV) me,
AFFIDAVIT OF NON MILITARY SERVICE
THE UNDERSIGNED being duly sworn, states that he/she is over the age of
eighteen years and competent to make this affidavit and the following averments are
based upon investigations made and records maintained either as Plaintiff or servicing
agent of the Plaintiff and that the above-captioned Defendants' last known address is as
set forth in the caption and they are not in the Military or Naval Service of the United
States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of
1940, as amended.
Carrington Mortgage Services on behalf of Deutsche Bank National Trust
Company, as Trustee, for Carrin ,ortgage Loan Trust, Series 2005-NC5
-B ked Pass- ugh ates
By:
NAME:
TITLE:
S ddav of r .2009.
Public
09-034669
Notary
S-e C(+k cuk CA
f
JURAT
State of California
County of Orange
Subscribed and sworn to (or affirmed) before me K.Flores, a Notary Public in and for
said county on this - 01 2009 By E-61 I I 1 CA LCLVtA ---, who
proved to me on the basis of satisfactory evidence to be the person who appeared before
me.
K. FLORES
Commission # 1620728
.m Notary Public - California
San Bernardino County
my comm. Expires Nov 12, 2
Seal
''
OF THE PROWMAMY
M9 APR -3 AM 10: 56
Ct# &Eh"' - "v ;UUNTY
PENNXVANA
SHAPIRO & DeNARDO, LLC
BY: ILANA ZION, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 87137
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 09-034669
Deutsche Bank National Trust Company, as
Trustee for Carrington Mortgage Loan Trust,
Series 2005-NC5 Asset-Backed Pass-
Through Certificates
PLAINTIFF
VS.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 09-1041-CIVIL TERM
Robert D. Erskine
DEFENDANT
CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1
The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for
the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of
record, if any, after the default occurred and at least (10) days prior to the date of the filing of the
Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto,
March 19, 2009 to the following Defendants:
Robert D. Erskine
1340 Bryn Mawr Road
Carlisle, PA 17013
?iOAA)j? C-&?
Laraine Colwell, Legal Assistant
to Ilana Zion, Esquire for
Shapiro & DeNardo, LLC
OF n for ram
2009 APR -3 AN Ia 55
GUMS; ` ; ?; NTY
PENNSYLVANIA
SHAPIRO & DeNARDO, LLC
BY: MICHAEL J. CLARK, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 202929
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 09-034669
Deutsche Bank National Trust Company, as
Trustee for Carrington Mortgage Loan Trust,
Series 2005-NC5 Asset-Backed Pass-
Through Certificates
PLAINTIFF
VS.
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO: 09-1041 -CIVIL TERM
Robert D. Erskine
DEFENDANT(S)
CERTIFICATION OF ADDRESS
I hereby certify that the correct address of the judgment creditor (Plaintiff) is:
Deutsche Bank National Trust Company, as Trustee for Carrington Mortgage Loan Trust, Series
2005-NC5 Asset-Backed Pass-Through Certificates
1610 E. St. Andrew Pl. #B150
Santa Ana, CA 92705
and that the last known address(es) of the judgment debtor (Defendant(s)) is:
Robert D. Erskine
1340 Bryn Mawr Road
Carlisle, PA 17013
SHAPIRO & DENARDO, LLC
BY: \/?' ? V
Michael J. Clark, Esquire
Attorney for Plaintiff
09-034669
0 F 2019 A7 1 1 WTI MR OIXINI-O M
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CUMBI kLir 10 i'. Iouffly
PENNSYNNNA
SHAPIRO & DeNARDO, LLC
BY: MICHAEL J. CLARK, ESQUIRE
ATTORNEY I. D. NO: PA Bar # 202929
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 09-034669
Deutsche Bank National Trust Company, as
Trustee for Carrington Mortgage Loan Trust,
Series 2005-NC5 Asset-Backed Pass-
Through Certificates
PLAINTIFF
vs.
Robert D. Erskine
DEFENDANT(S)
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO: 09-1041 -CIVIL TERM
CERTIFICATE OF SERVICE
I, Michael J. Clark, Esquire, Attorney for the Plaintiff, hereby certify that I have served
by first class mail, postage prepaid, true and correct copies of the attached papers upon the
following person(s) or their attorney of record:
Robert D. Erskine
1340 Bryn Mawr Road
Carlisle, PA 17013
Date mailed:
SHAPIRO & DENARDO, LLC
BY: ?? ? V\
Michael J. ark, Esquire
Attorney for Plaintiff
09-034669
2019 APR -3 AM DA
cumbE t ,,,`,4f) alm
PENNSYLVAW
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEASCumberland County Clerk
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
Curtis R. Long
Prothonotary
TO: Robert D. Erskine
1340 Bryn Mawr Road
Carlisle, PA 17013
Deutsche Bank National Trust Company, as
Trustee for Carrington Mortgage Loan Trust,
Series 2005-NC5 Asset-Backed Pass-
Through Certificates
PLAINTIFF
VS.
Robert D. Erskine
DEFENDANT(S)
COURT OF COMMON PLEAS
CIVIL DIVISION
CUMBERLAND COUNTY
NO:09-1041-CIVIL TERM
NOTICE
Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a
Judgment has been entered against you in the above proceedin as indicated below.
urtis R. ,
Prothonotary
[XX] Judgment by Default
[ ] Judgment for Possession
[ ] Judgment on Award of Arbitration
] Judgment on Verdict
[ ] Judgment on Court Findings
IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL:
ATTORNEY MICHAEL J. CLARK, ESQUIRE AT (610) 278-6800.
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
PRAECIPE FOR WRIT OF EXECUTION
Caption:
Deutsche Bank National Trust Company, as
Trustee for Carrington Mortgage Loan Trust,
Series 2005-NC5 Asset-Backed Pass-
Through Certificates
PLAINTIFF
vs
() Confessed Judgment
()Other
File No. 0q- j d G,'v?
Amount Due $124,225.19
Interest March 31, 2009 to September 2,
2009 is $4,871.26
Atty's Comm
Costs
Robert D. Erskine
DEFENDANT(S)
TO THE PROTHONOTARY OF THE SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or
account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed
pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended.
Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon
the following described property of the defendant(s)
See attached Legal Description
PRAECIPE FOR ATTACHEMENT EXECUTION
Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above,
directing attachment against the above-named garnishee(s) for the following property (if real
estate, supply six copies of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the
defendant(s) d scribed in the attached exhibit.
Date: Signature: V v`
Print Name: Michael J. Clark, Esguire
Address: 3600 Horizon Drive, Ste. 150
King of Prussia, PA 19406
Attorney for: Plaintiff
Supreme Court ID # PA Bar # 202929
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ALL THAT CERTAIN lot of ground with the buildings and improvements erected thereon
situate on the West side of Bryn Mawr Road in the Fifth Ward of the Borough of Carlisle,
Cumberland County, Pennsylvania, more particularly bounded and described as follows:
BOUNDED on the north Lot No. 33 Block "R", in the hereinafter mentioned Plan of Lots; on the
east by Bryn Mawr Road; on the south by Lot No. 32A, Block "R", on said Plan of Lots and on
the West by Lots 12, 13,14 and 15 of Block "R" on said Plan of Lots the same being property
now or formerly of Carl M. and Miriam A. Jumper.
BEING Lot 32, Block "R" on the Plan of Lots of Carlisle Trust Company Plan of Oakland
Manor, recorded in the Recorder of Deeds office of Cumberland County, Pennsylvania, In Plan
Book 3, Page 18, and having frontage on the west side of Bryn Mawr Road of 50 feet and
extending at an even width 135 feet in depth, being known as and numbered 1340 Bryn Mawr
Road.
BEING THE SAME PREMISES which Brain C. Prentice and Kelly L. Prentice, husband and
wife, by Deed dated June 24, 2005 and recorded July 1, 2005, in the Office for the Recorder of
Deeds in and for the County of Cumberland, in Deed Book 269 Page 3391, granted and
conveyed unto the Robert D. Erskine, in fee.
-.1.
SHAPIRO & DeNARDO, LLC
BY: MICHAEL J. CLARK, ESQUIRE
ATTORNEY I. D. NO: PA Bar # 202929
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 09-034669
Deutsche Bank National Trust Company, as
Trustee for Carrington Mortgage Loan Trust,
Series 2005-NC5 Asset-Backed Pass-
Through Certificates
PLAINTIFF
vs.
Robert D. Erskine
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 09-1041-CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129.1
Deutsche Bank National Trust Company, as Trustee for Carrington Mortgage Loan Trust,
Series 2005-NC5 Asset-Backed Pass-Through Certificates, 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 1340 Bryn Mawr Road, Carlisle, PA 17013.
Name and address of Owner(s) or Reputed Owner(s)
Robert D. Erskine
1340 Bryn Mawr Road
Carlisle, PA 17013
2. Name and address of Defendant(s) in the judgment:
Robert D. Erskine
1340 Bryn Mawr Road
Carlisle, PA 17013
3. Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Deutsche Bank National Trust Company, as Trustee for Carrington Mortgage Loan Trust,
Series 2005-NC5 Asset-Backed Pass-Through Certificates
1610 E. St. Andrew Pl. #B150
Santa Ana, CA 92705
s- +O.
4. Name and address of the last recorded holder of every mortgage of record:
Deutsche Bank National Trust Company, as Trustee for Carrington Mortgage Loan Trust,
Series 2005-NC5 Asset-Backed Pass-Through Certificates, Plaintiff
1610 E. St. Andrew Pl. #B 150
Santa Ana, CA 92705
USAA Federal Savings Bank
10750 McDermott Freeway
San Antonio, TX 78288-0558
Name and address of every other person who has any record lien on the property:
6. Name and address of every other person who has any record interest in the property and
whose interest may be affected by the sale:
Cumberland County Domestic Relations
13 North Hanover Street
Carlisle, PA 17013
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:
TENANT OR OCCUPANT
1340 Bryn Mawr Road
Carlisle, PA 17013
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.
SHAPIRO & DENARDO, LLC
BY: ?? I k"'
Michael J [Clark, Esquire
09-034669
,d--
RLW-Offlm
OF THE M
2009 APR -3 AM 1015 7
f ivra S I
PENNSYLVANIA
SHAPIRO & DeNARDO, LLC
BY: MICHAEL J. CLARK, ESQUIRE
ATTORNEY I. D. NO: PA Bar # 202929
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 09-034669
Deutsche Bank National Trust Company, as COURT OF COMMON PLEAS
Trustee for Carrington Mortgage Loan Trust, CUMBERLAND COUNTY
Series 2005-NC5 Asset-Backed Pass-Through
Certificates NO: 09-1041-CIVIL TERM
PLAINTIFF
vs.
Robert D. Erskine
DEFENDANTS
CERTIFICATION AS TO THE SALE OF REAL PROPERTY
I hereby certify that I am the Attorney of record for the Plaintiff in this Action against Real
Property and further certify this Property is:
FHA - Tenant Occupied or Vacant
Commercial
As a result of a Complaint in Assumpsit
That the Plaintiff has complied in all respects with Section 403 of the Mortgage
X Assistance Act including but not limited to:
(a) Service of notice on Defendant(s)
(b) Expiration of 30 days since the service of notice
(c) Defendant(s) failure to request or appear at meeting with Mortgagee or
Consumer Credit Counseling Agency
(d) Defendant(s) failure to file application with Homeowners Emergency Assistance
Program.
I further agree to indemnify and hold harmless the Sheriff of Cumberland County for any false
statement given herein.
SHAPIRO & DENARDO, LLC
BY: V\V-\ ?, 6
Michael J. ark, Esquire
PA Bar # 202929
OF IVE
logg APR -3 «` ??
pt UANA
SHAPIRO & DeNARDO, LLC
BY: MICHAEL J. CLARK, ESQUIRE
ATTORNEY I. D. NO: PA Bar # 202929
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 09-034669
Deutsche Bank National Trust Company, as
Trustee for Carrington Mortgage Loan Trust,
Series 2005-NC5 Asset-Backed Pass-
Through Certificates
PLAINTIFF
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 09-1041-CIVIL TERM
vs.
Robert D. Erskine
DEFENDANTS
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Robert D. Erskine
1340 Bryn Mawr Road
Carlisle, PA 17013
Your house (real estate) at: 1340 Bryn Mawr Road, Carlisle, PA 17013 is scheduled to be sold at
Sheriffs Sale on September 2, 2009 at 10:00 AM, in Cumberland County Sheriffs Office,
1 Courthouse Square, Carlisle, PA 17013 to enforce the court judgment of $124,225.19 obtained
by Deutsche Bank National Trust Company, as Trustee for Carrington Mortgage Loan Trust,
Series 2005-NC5 Asset-Backed Pass-Through Certificates (the mortgagee) 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 cancelled if you pay back to the mortgagee the back payments, late charges,
costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:
(610) 278-6800.
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.
2. You may be able to stop the sale through other legal proceedings.
3. 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 notice on page two of how
to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
If the Sheriffs Sale is not stopped, your property will be sold to the highest
bidder. You may find out the price bid by calling (610) 278-6800.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
3. The sale will recorded only if the purchaser pays the Sheriff the full amount of
the bid. To find out if this has happened yet, you may call the Sheriff's Office at:
717-240-6390.
4. If the amount due from the purchaser is not paid to the Sheriff, the sale must be
rescheduled.
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, if necessary, to evict you.
6. You may be entitled to a share of the proceeds, which were paid for your house.
A proposed schedule of distribution of the money bid for your house will be
prepared by the Sheriff within thirty (30) days from the date of the sale. This
schedule will state who will be receiving the money. The money will be paid out
in accordance with this schedule unless exceptions (reasons why the proposed
distribution is wrong) are filed with the Sheriff within ten (10) days after the
posting of said schedule of distribution.
7. You may also have other rights and defenses or ways of getting your house 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 OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTIONS PRACTICE ACT, THIS FIRM IS A
DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
09-034669
ALL THAT CERTAIN lot of ground with the buildings and improvements erected thereon
situate on the West side of Bryn Mawr Road in the Fifth Ward of the Borough of Carlisle,
Cumberland County, Pennsylvania, more particularly bounded and described as follows:
BOUNDED on the north Lot No. 33 Block "R", in the hereinafter mentioned Plan of Lots; on the
east by Bryn Mawr Road; on the south by Lot No. 32A, Block "R", on said Plan of Lots and on
the West by Lots 12, 13,14 and 15 of Block "R" on said Plan of Lots the same being property
now or formerly of Carl M. and Miriam A. Jumper.
BEING Lot 32, Block "R" on the Plan of Lots of Carlisle Trust Company Plan of Oakland
Manor, recorded in the Recorder of Deeds office of Cumberland County, Pennsylvania, In Plan
Book 3, Page 18, and having frontage on the west side of Bryn Mawr Road of 50 feet and
extending at an even width 135 feet in depth, being known as and numbered 1340 Bryn Mawr
Road.
BEING THE SAME PREMISES which Brain C. Prentice and Kelly L. Prentice, husband and
wife, by Deed dated June 24, 2005 and recorded July 1, 2005, in the Office for the Recorder of
Deeds in and for the County of Cumberland, in Deed Book 269 Page 3391, granted and
conveyed unto the Robert D. Erskine, in fee.
RLBX)FFU
OF RMHONO 'ARY
2809 APR -3 AM 10: 57
-, 1 "OLNN
F'PENN' 1'N,10Ii
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N009-1041 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE FOR CARRIGTON MORTGAGE LOAN TRUST, SERIES 2005-NC5 ASSET-
BACKED PASS-THROUGH CERTIFICATES Plaintiff (s)
From ROBERT D. ERSKINE,
(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 gamishee(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$124,225.19 L.L.$.50
Interest MARCH 31, 2009 TO SEPTEMBER 2, 2009 IS $4,871.26
Atty's Comm % Due Prothy $2.00
Arty Paid $172.50 Other Costs
Plaintiff Paid
Date: APRIL 3, 2009
Curk-s R. Long, Prefh6not4ry
(Seal) By:
Deputy
REQUESTING PARTY:
Name MICHAEL J. CLARK, ESQUIRE
Address: 3600 HORIZON DRIVE, STE.150, KING OF PRUSSIA, PA 19406
Attorney for: PLAINTIFF
Telephone: 610-278-6800
Supreme Court ID No. 202929
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Edward L Schorpp
Solicitor
Deutsche Bank National Trust Company
vs.
Robert D Erskine
..,. ~~:,
'r~z,
,,,
f"._ s ,`,
Case Number
2009-1041
SHERIFF'S RETURN OF SERVICE
06/24/2009 08:48 PM - R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a
diligent search and inquiry for the within named defendant to wit: Robert D. Erskine, but was unable to
locate him in his bailiwick. He therefore returns the within Real Estate Writ, Notice of Sale and Description
as NOT FOUND as to the defendant Robert D. Erskine, property address is vacant, defendant moved and
did not leave a forwarding address.
07/13/2009 08:48 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on 6/24/09 at
2044 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 Robert D. Erskine, located at, 1340 Bryn Mawr Road, Carlisle,
Cumberland County, Pennsylvania according to law.
08/14/2009 Property sale postponed to 12/9/2009.
12/09/2009 Real Estate Property sold to Mortgage Company for $ 1.00 on 12/9/09
02/09/2010 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 Deutsche Bank National
Trust Company, as Trustee for Carrington Mortgage Loan Trust, Series 2005-NC5 Asset-Backed
Pass-Through Certificates, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum
of $ 846.21
SHERIFF COST: $846.21
February 09, 2010
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SHAPIRO & DeNARDO, LLC
BY: MICHAEL J. CLARK, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 202929
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 09-034669
Deutsche Bank National Trust Company, as
Trustee for Camngton Mortgage Loan Trust,
Series 2005-NCS Asset-Backed Pass-
Through Certificates
PLAINTIFF
vs.
Robert D. Erskine
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 09-1041-CIVIL TERM
AFFIDAVIT PURSUANT TO RULE 3129.1
Deutsche Bank National Trust Company, as Trustee for Carrington Mortgage Loan Trust,
Series 2005-NCS Asset-Backed Pass-Through Certificates, 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 1340 Bryn Mawr Road, Carlisle, PA 17013.
1
2
3
Name and address of Owner(s) or Reputed Owner(s)
Robert D. Erskine
1340 Bryn Mawr Road
Carlisle, PA 17013
Name and address of Defendant(s) in the judgment:
Robert D. Erskine
1340 Bryn Mawr Road
Carlisle, PA 17013
Name and last known address of every judgment creditor whose judgment is a record lien
on the real property to be sold:
Deutsche Bank National Trust Company, as Trustee for Carrington Mortgage Loan Trust,
Series 2005-NCS Asset-Backed Pass-Through Certificates
1610 E. St. Andrew P1. #B 150
Santa Ana, CA 92705
4. Name and address of the last recorded holder of every mortgage of record:
Deutsche Bank National Trust Company, as Trustee for Carrington Mortgage Loan Trust,
Series 2005-NCS Asset-Backed Pass-Through Certificates, Plaintiff
1610 E. St. Andrew Pl. #B150
Santa Ana, CA 92705
USAA Federal Savings Bank
10750 McDermott Freeway
San Antonio, TX 78288-0558
5. Name and address of every other person who has any record lien on the property:
6. Name and address of every other person who has any record interest in the property and
whose interest maybe affected by the sale:
Cumberland County Domestic Relations
13 North Hanover Street
Carlisle, PA 17013
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:
TENANT OR OCCUPANT ,u - -
1340 Bryn Mawr Road
Carlisle, PA 17013
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.
SHAPIRO & DENARDO, LLC
BY: V ~/
Michael J Clark, Esquire
09-034669
SHAPIRO & DeNARDO, LLC
BY: MICHAEL J. CLARK, ESQUIRE
ATTORNEY I.D. NO: PA Bar # 202929
3600 HORIZON DRIVE, SUITE 150
KING OF PRUSSIA, PA 19406
TELEPHONE: (610)278-6800
S & D FILE NO. 09-034669
Deutsche Bank National Trust Company, as
Trustee for Carrington Mortgage Loan Trust,
Series 2005-NCS Asset-Backed Pass-
Through Certificates
PLAINTIFF
vs.
Robert D. Erskine
DEFENDANTS
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
NO: 09-1041-CIVIL TERM
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
TO: Robert D. Erskine
1340 Bryn Mawr Road
Carlisle, PA 17013
I s_ .
Your house (real estate) at: 1340 Bryn Mawr Road, Carlisle, PA 17013 is scheduled to be sold at
Sheriffs Sale on September 2, 2009 at 10:00 AM, in Cumberland County Sheriffs Office,
1 Courthouse Square, Carlisle, PA 17013 to enforce the cou~~`'~gi~ieri't of $124,225.19 obtained
by Deutsche Barik National Trust Company, as Trustee for Cari-ingtcin Mortgage Loan Trust,
Series 2005-NCS Asset-Backed Pass-Through Certificates (the mortgagee) 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 cancelled if you pay back to the mortgagee the back payments, late charges,
costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:
(610) 278-6800.
You maybe 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.
2. You may be able to stop the sale through other legal proceedings.
3. 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 notice on page two of how
to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE
OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
If the Sheriffs Sale is not stopped, your property will be sold to the highest
bidder. You may find out the price bid by calling (61.0) 278-6800.
2. You may be able to petition the Court to set aside the sale if the bid price was
grossly inadequate compared to the value of your property.
The sale will recorded only if the purchaser pays the Sheriff the full amount of
the bid. To find out if this has happened yet, you may call the Sheriff's Office at:
717-240-6390.
4. If the amount due from the purchaser is not paid to the Sheriff, the sale must be
rescheduled.
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, if necessary, to evict you.
6. You may be entitled to a share of the proceeds, which were paid for your house.
A proposed schedule of distribution of the money bid for your house will be
prepared by the Sheriff within thirty (30) days from the date of the sale. This
schedul: Ala s ke who will be receiving the money. The money will be paid out-~ ~ -
in accordance ~vY~h this schedule unless exceptions (reasons why the proposed -
distribution is wrong) are filed with the Sheriff within ten (10) days after the
posting of said schedule of distribution.
7. You may also have other rights and defenses or ways of getting your house 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 OR CANNOT AFFORD ONE, GO TO OR
TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU
CAN GET LEGAL HELP.
Cumberland County Lawyer Referral Service
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
717-249-3166
PURSUANT TO THE FAIR DEBT COLLECTIONS PRACTICE ACT, THIS FIRM IS A
DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
09-034669
ALL THAT C>/RTAIN lot of ground with the buildings and improvements erected thereon
situate on the West side of Bryn Mawr Road in the Fifth Ward of the Borough of Carlisle,
Cumberland County, Pennsylvania, more particularly bounded and described as follows:
BOUNDED on the north Lot No. 33 Block "R", in the hereinafter mentioned Plan of Lots; on the
east by Bryn Mawr Road; on the south by Lot No. 32A, Block "R", on said Plan of Lots and on
the West by Lots 12, 13,14 and 15 of Block "R" on said Plan of Lots the same being property
now or formerly of Carl M. and Miriam A. Jumper.
BEING Lot 32, Block "R" on the Plan of Lots of Carlisle Trust Company Plan of Oakland
Manor, recorded in the Recorder of Deeds office of Cumberland County, Pennsylvania, In Plan
Book 3, Page 18, and having frontage on the west side of Bryn Mawr Road of 50 feet and
extending at an even width 135 feet in depth, being known as and numbered 1340 Bryn Mawr
Road.
BEING THE SAME PREMISES which Brain C. Prentice and Kelly L. Prentice, husband and
wife, by Deed dated June 24, 2005 and recorded July 1, 2005, in the Office for the Recorder of
Deeds in and for the County of Cumberland, in Deed Book 269 Page 3391, granted and
conveyed unto the Robert D. Erskine, in fee.
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OE CUMBERLAND)
N009-1041 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due DEUTSCHE BANK NATIONAL TRUST COMPANY,
AS TRUSTEE FOR CARRIGTON MORTGAGE LOAN TRUST, SERIES 2005-NCS ASSET-
BACKED PASS-THROUGH CERTIFICATES Plaintiff (s)
From ROBERT D. ERSKINE,
(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$124,225.19
L.L.$.50
Interest MARCH 31, 2009 TO SEPTEMBER 2, 2009 IS $4,871.26
Atty's Comm % Due Prothy $2.00
Atty Paid $172.50
Plaintiff Paid
Date: APRIL 3, 2009
(Seal)
REQUESTING PARTY:
Deputy
Name MICHAEL J. CLARK, ESQUIRE
Address: 3600 HORIZON DRIVE, STE. 150, KING OF PRUSSIA, PA 19406
Attorney for: PLAINTIFF
Telephone: 610-2 78-6800
Other Costs
urtis R. Lon t ono ry
By:
Supreme Court ID No. 202929
Real Estate Sale #
On May 5, 2009 the Sheriff levied upon the
defendant's interest in the real property situated in
Borough of Carlisle, Cumberland County, PA
Known and numbered as, 1340 Bryn Mawr Road, Carlisle,
more fully described on Exhibit "A" filed with this
writ and by this reference incorporated herein.
Date: May 5, 2009
By:
(~-ud.~1 ~jc~
Rea Estate Coordinator
.,,~~
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The Patriot-News, Co.
812 Market St. .
Harrisburg, PA~171O1
Inquiries - 717-255-8213
CUMBERLAND COUNTY SHERIFFS OF
CUMBERLAND COUNTY COURT HOUSE
c~e~latriot News
NOw you know
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
07/24/09
~ 07/31 /09
08/07/09
~ -
Sworn to a subscribed before the this 1 d~y~of August, 2009 A.D.
~I` , . ~ ~
No aty Public ~'I--~--
COMMONWEALTH OF PENNSYLVANIA
Notarial Seal
Sherrie L. Kisner, Notary Public
City OF Harrisburg, Dauphin County
My Corrx-~ion E~ires Nov. 26, 2011
Member, Pennsylvania AssoGation of Notaries
litida No. 28
,Writ Nb,,~E~-1f~41 Civil Term
Driwutsd~ f~k i!ationd'TFust
Coh~p:triy as 7Yua~ for
f3oundyisw Flon» Loan T>ruat
'tOd6-EQ1
vs.
Robert D Erskine
Attty: Mk:hesi Clerk
ALL THAT;CER'TAIN lot of ground,with the
buildings and improvements orected thereon
situate on the West sidaof Bryn Mawr Rod in
the Fifth Ward of the Botqug6 of Carlisle,
Cumberland County, Pennsylvania, .more
particularly bomtded and described as follows:
BOUNDER oq the north Ltn IVo: 33 Black "R",
in tlw,hetefnafter tpentiasted Plan of Lots; on the
east by Bryn Idavrr Road; on the south by Lot
lJo. 31A,Block"R", on said Plan of Lots and on
theWesi by Lots;12;13,14 and 15 0#' Slack "R"
on said Plan of Lcit~ the same being propeRy
now or formerly of Carl, M. and Miriam A.
Jnniper._B)';EVG Lot 32, Block "R" on the Plan
of Lbts of Carlisle Trust Company Plan of
Oakland Map~tt, ,recorded io,fhe Rewrder of
Deeds .Office .of Cuntbealand County,
Pennsylvania, In Plan Book 3, Page 18, and
having fmMage on the west side of Bryn Mawr
Road ~' SO;feet and extending at au even width
135 feet in depth,. being known as and numbered
1340 Bryn Maur Road. BEING ~'I'lIE SAME
PRBMISES which Brain C_ Ptenlice and Kelly
L. Prentice, husband, and wife, by Deed dated
Jug 24, 2005 aad recorded July 1, 2005, in the
Office €or the. Recorder of Deeds in and;for the
Cawty of Cus-l~Ituid,,ip Deed Book 269;Page
3391..granted and oauvgred upro;d-e Robert D.
Eratmt, iu- fee. ,Rit~OPBICfY ADDII:ESS: 1340
Bryn AiLwt Roaa,.Catiiale, PA 17013
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
_ July 24, July 31 and August 7, 2009
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
~-
isa Marie Coyne, Edit
SWORN TO AND SUBSCRIBED before me this
7 da of Au ust 2009
Notary
NOTA EAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commisslon Exp(res Apr 28, 2010
REAL ESTATE 8ALE NO. ZS
Writ No. 2009-1041 Civil
Deutsche Bank National Trust
Company as Trustee for Soundview
Home Loan Trust 2006-EQ 1
vs.
Robert D. Erskine
Atty.: Michael Clark
ALL THAT CERTAIN lot of ground
with the buildings and improvements
erected thereon situate on the West
side of Bryn Mawr Road in the Fifth
Ward of the Borough of Carlisle,
Cumberland County, Pennsylvania,
more particularly bounded and de-
scribed as follows:
BOUNDED on the north Lot No.
33 Block "R", in the hereinafter
mentioned Plan of Lots; on the east
by Bryn Mawr Road; on the south by
Lot No. 32A, Block "R", on said Plan
of Lots and on the West by Lots 12,
13,14 and 15 of Block "R" on said
Plan of Lots the same being prop-
erty now or formerly of Carl M. and
Miriam A. Jumper.
BEING Lot 32, Block "R" on the
Plan of Lots of Carlisle Trust Compa-
ny Plan of Oakland Manor, recorded
in the Recorder of Deeds office of
Cumberland County, Pennsylvania,
In Plan Book 3, Page 18, and having
frontage on the west side of Bryn
Mawr Road of 50 feet and extending
at an even width 135 feet in depth,
being known as and numbered 1340
Bryn Mawr Road.
BEING THE SAME PREMISES
which Brain C. Prentice and Kelly L.
Prentice, husband and wife, by Deed
dated June 24, 2005 and recorded
July 1, 2005, in the Office for the Re-
corder of Deeds in and for the County
of Cumberland, in Deed Book 269
Page 3391, granted and conveyed
unto the Robert D. Erskine, in fee.
PROPERTY ADDRESS: 1340 Bryn
Mawr Road, Carlisle, PA 17013.
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 CARRINGTON MTG LOAN TRUST 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 3RD day of APRIL, A.D., 2009, out of the Court of Common Pleas of said County as of
Civil Term, 2009 Number 1041, at the suit of CARRINGTON MTG LOAN TRUST TR against
ROBERT D ERSKINE is duly recorded as Instrument Number 201003469.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this day of
A.D.
Recorder of Deeds
Caian~ E~ ~ FYri Mmdy d ~ zOt4