HomeMy WebLinkAbout09-1119
Phelan Hallinan & Schmieg, LLP
Lawrence T. Phelan, Esq., Id. No. 32227
Francis S. Hallinan, Esq., Id. No. 62695
Daniel G. Schmieg, Esq., Id. No. 62205
Michele M. Bradford, Esq., Id. No. 69849
Judith T. Romano, Esq., Id. No. 58745
Sheetal R. Shah-Jani, Esq., Id. No. 81760
Jenine R. Davey, Esq., Id. No. 87077
Lauren R. Tabas, Esq., Id. No. 93337
Vivek Srivastava, Esq., Id. No. 202331
Jay B. Jones, Esq., Id. No. 86657
Peter J. Mulcahy, Esq., Id. No. 61791
?1(ndrew L. Spivack, Esq., Id. No. 84439
Jaime McGuinness, Esq., Id. No. 90134
Chrisovalante P. Fliakos, Esq., Id. No. 94620
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000 197737
TAYLOR, BEAN & WHITAKER MORTGAGE
CORPORATION
1417 NORTH MAGNOLIA AVE
OCALA, FL 34475-9078
Plaintiff
V.
GREGORY A. WIL TH
827 OLD SILVER SPRING ROAD,
MECHANICSBURG, PA 17055-2883
Defendant
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
TERM 0i U' /
NO. e- /Jl
CUMBERLAND COUNTY
CIVIL ACTION - LAW
COMPLAINT IN MORTGAGE FORECLOSURE
File #: 197737
NOTICE
You have boen sued in Court. If you wish to defend against the claims set forth in the
following pages, you must take action within twenty (20) days after this Complaint and Notice
are served by entering a written appearance personally or by attorney and filing in writing with
the Court your defenses or objections to the claims set forth against you. You are warned that if
you fail to do so, the case may proceed without you, and a judgment may be entered against you
by the Court without further notice for any money claimed in the Complaint or for any other
claim or relief requested by the plaintiff. You may lose money or property or other rights
important to you.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO
NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW.
THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Lawyer Referral Service:
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
File #: 197737
1. Plaintiff is
TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION
1417 NORTH MAGNOLIA AVE
OCALA, FL 34475-9078
2. The name(s) and last known address(es) of the Defendant(s) are:
GREGORY A. WILMARTH
827 OLD SILVER SPRING ROAD,
MECHANICSBURG, PA 17055-2883
who is/are the mortgagor(s) and/or real owner(s) of the property hereinafter described.
3. On 09/26/2007 mortgagor(s) made, executed and delivered a mortgage upon the premises
hereinafter described to MORTGAGE ELECTRONIC REGISTRATION SYSTEMS,
INCORPORATED AS A NOMINEE FOR TAYLOR, BEAN AND WHITAKER
MORTGAGE CORPORATION which mortgage is recorded in the Office of the
Recorder of CUMBERLAND County, in Mortgage Instrument No. 200737348. The
PLAINTIFF is now the legal owner of the mortgage and is in the process of formalizing
an assignment of same. The mortgage is attached as Exhibit "A".
4. The premises subject to said mortgage is described as attached.
5. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due 09/01/2008 and each month thereafter are due and unpaid, and by the terms
of said mortgage, upon failure of mortgagor to make such payments after a date specified
by written notice sent to Mortgagor, the entire principal balance and all interest due
thereon are collectible forthwith.
File #R: 197737
6.
7
8
The following amounts are due on the mortgage:
Principal Balance $124,022.15
Interest $5,187.42
08/01/2008 through 02/23/2009
(Per Diem $25.06)
Attorney's Fees $1
325.00
Cumulative Late Charges ,
$125.28
09/26/2007 to 02/23/2009
Cost of Suit and Title Search 750.00
Subtotal $131,409.85
Escrow
Credit
$0.00
Deficit $1,887.63
Subtotal U,887.63
TOTAL $133,297.48
If the mortgage is reinstated prior to a Sheriffs Sale, the attorney's fee set forth above
may be less than the amount demanded based on work actually performed. The
attorney's fees requested are in conformity with the mortgage and Pennsylvania law.
Plaintiff reserves its right to collect attorney's fees up to 5% of the remaining principal
balance in the event the property is sold to a third party purchaser at Sheriffs Sale, or if
the complexity of the action requires additional fees in excess of the amount demanded in
the Action.
Plaintiff is not seeking a judgment of personal liability (or an in ersonam judgment)
against the Defendant(s) in the Action; however, Plaintiff reserves its right to bring a
separate Action to establish that right, if such right exists. If Defendant(s) has/have
received a discharge of personal liability in a bankruptcy proceeding, this Action of
Mortgage Foreclosure is in no way an attempt to reestablish such personal liability
discharged in bankruptcy, but only to foreclose the mortgage and sell the mortgaged
premises pursuant to Pennsylvania Law.
File #: 197737
9. Notice of Intention to Foreclose as set forth in Act 6 of 1974, Notice of Homeowner's
Emergency Assistance Program pursuant to Act 91 of 1983, as amended in 1998, and/or
Notice of Default as required by the mortgage document, as applicable, have been sent to
the Defendant(s) on the date(s) set forth thereon, and the temporary stay as provided by
said notice has terminated because Defendant(s) has/have failed to meet with the Plaintiff
or an authorized consumer credit counseling agency, or has/have been denied assistance
by the Pennsylvania Housing Finance Agency.
WHEREFORE, PLAINTIFF demands an in rem Judgment against the Defendant(s) in the sum
of $133,297.48, together with interest from 02/23/2009 at the rate of $25.06 per diem to the date
of Judgment, and other costs and charges collectible under the mortgage and for the foreclosure
and sale of the mortgaged property.
PHELAN HALLINAN & SCHMIEG, LLP
By:
ence . P , Esquir
Francis . allinan, Esquire
Daniel G. Schmieg, Esquire
Michele M. Bradford, Esquire
Judith T. Romano, Esquire
Sheetal R. Shah-Jani, Esquire
Jenine R. Davey, Esquire
Lauren R. Tabas, Esquire
Vivek Srivastava, Esquire
Jay B. Jones, Esquire
Peter J. Mulcahy, Esquire
Andrew L. Spivack, Esquire "4-S°7
Jaime McGuinness, Esquire
Chrisovalante P. Fliakos, Esquire
Attorneys for Plaintiff
File #: 197737
Icy ??
Prepared By': Taylor, Bean & Whitaker Mortgage
Corp,
1417 North Magnolia Ave
Ocala, FL 34475
Retum To: DUNCAN,& HARTMAN, P.C.
1 IRVINE ROW
CARLISLE , PA
17013
parcel' No.: 18-22-0419-001-BUH827
(Space Above This Line For Recalling Dotal
MORTGAGE
MIN:100029500019572118
DEFINITIONS
Words used in multiple sections of this document are defined below and oater words are deftncd in Sections
3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words tised in this document are also provided
in Section 16.
(A) "Security Instrument" means this document, which is dated September 26, 2007 together with
all Riders to this document.
(B) "Borrower" is GREGORY A. WILMARTH, MARRIED MAN
Borrower is the mortgagor under this Security Instrument
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. 1viE.RS is a separate corporation that is
acting salch' us a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under
this Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address
and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-1vIERS.
(D) "Lender" is Taylor, Bean & Whitaker Mortgage Corp.
Lender is a a Florida Corporation organized and existing under
the laws of FL Lender's address is
1417 North Magnolia Ave, Ocala, FL 34475
(E) "Note" means the promissory note signed by Borrower and dated September 26, 2007 . The Note
.states that Borrower owes Lender One Hundred Twenty Five Thousand and no/100
Dollars (U.S. 5125,000.00 1
plug interest. Borrower has promised to pay this debt in regular Periodic Pavm•?,nts and to pay the debt in full
not later than October 01, 2037
PM:NNS1'1,VANIA-,Single Family-Famy Mae/Freddle Mac UNIF'0R11 INSTRUMENT Form 3039 1/01
ITEM 2760L 1 lo6os) 1111111 Illli IIIII illN IIN INII INII INN INII IIN INN 11111111111NI Ills (P4" 1 of 14)
0242051957211 2760_2006090110000
02/03/2009 9:50:18 AM CUMBERLAND COUNTY
Inst.# 200737348 • Page 1 of 19
rr
(F) "Property" means the property that is described below under the heading'"frartsfer of Rights in the
Property.
(G) "Loran" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums duc under this Security Instrument, plus interest.
(1-1) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
? Adjustable Rate Rider ?X Condominium Rider
? Balloon Rider ? Planed Unit Development Rider
? 1-4 Family Rider ? Biweekly Payment Rider
? Second Home Rider
? Other(s) (specify
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, reguiutiotts,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
churgcs that are imposed on Borrower or the Property by a condominium association, homeowners
association or similar organization.
(K) "Electronic Funds Transfer" means any transfer of fund,, other than a transaction originated by
check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic
instrument, computer, or magnetic tape so as to order, instruct, or authtnize a linaneial institution to debit or
credit an account Such term includes, but is not limited to, point-ol=sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid
by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i}
damage to. or destruction of, the Property; (ii) condemnation or other taking of all or any pan of the Property.;
(iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on,
the loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means tic Real Estate Settlement Procedures Act {12 U.S.C. §2601 et scq.) and its
impkmenthrg regulation, Regulation X (24 C.F.R. Part 3500), as they might he amended from time to time,
or any additional or successor legislation or regulution that governs the same subject matter, As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
under RESPA.
PENNSYLVANU -single Family---Fannit MselFreddic Mac UNIFORM INSTRUMENT
MFRS
ITEM 27001.2 (0609)
Fonn 3039 1/01
Cr.Qtoocn-
lpne 2ary
0210312009 9:50:18 AM CUMBERLAND COUNTY Inst.# 200737348 - Page 2 of 19
(Q) "Successor in Interest of Borrower" means any patty that has taken title to the Property, whether or
riot that party has assumed Borrower's obligations under the Note and/or this. Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
M--,RS (solely= as nominee for Lender and Lender's successors and assigns) and to the successors and assigns
of MERS the following described property located in the County
(Type of Recording Jurisdiction]
of CUMBERLAND
[Name of Recording Jurisdiction]
See Attached Exhibit A.
which currently has the address of 827 OLD SILVER SPRING ROAD
1Stroey
MECHANICSBURO Pennsylvania 17055 ("Property Address"';.
(Cary) 17.ip Cede(
TWETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also
be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by
Borrower in this Security Instrument, but, if necessary to comply with law or custom, N ERS (as nominee for
Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including,
but not limited to, the right to foreclose and sell the Propeny; and to take any action required of Lender
including, but not limited to, releasing and canceling tlvs Security Instrument.
E30RROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SI-CURITY INSTRIJWNIT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a unifoirn security instrument covering real
property .
PENNSYLVANIA-Single Family-Fatarle Mae/Fraldle Mae !UNIFORM INSTRUMENT Form 3039 1/01
MFRS Gnet(?ocs"^
ITEM 27601.3 (0609)
^Lv 3 ar 14)
0210.1200.9 q-50-18 AM CUMBERLAND COUNTY Inst.# 200737348 -Page 3 of 19
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows.
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges.
Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any
prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items
pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in IT.S.
currency. However, if any check or other instrument received by Lender as payment under the Note or this
Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments
due under the Note and this Security Instrument be made in one or more of the following forms, as selected
by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check,
provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at
stwh other location as may be designated by Lender in accordance with the notice provisions in Section 15.
Lender may return any payment or partial payment if the payment or partial payments are insufficient to
bring the Loan current. Lender may accept any payment or partial payment nsufficient to bring the loan
current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial
payments in the future, but Lender is not obligated to apply such payments at the time such payments are
accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest
on tnapplied funds. Lender may hold such unapplied funds until Borrower snakes payment to bring the Loan
current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds
or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal
balance under the Note immediately prior to foreclosure. No offset or claim which Borrower [night have now
or in the future; against Lender shall relieve Borrower from making payments due under the Note and this
Security Instrument or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due
under the Note; (b) principal due under the Note; (c) amounts duo under Seown 3. Such payments shall he
applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be
applied first to late charges, second to any other amounts due under this Security Instrument, and then to
reduce the principal. balance of thu Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the
late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in
full. To the extent that any excess exists alter the payment is applied to the full payment of one or more
Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be
applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, Or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date. or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due
under the Nate, until the Note is paid in full, a sum (the "FUnds'D to provide for payment of amounts due for:
(a) taxes and assessments and other items which can attain priority over this Security Instrument as it lien or
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (e) premiums
for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any,
or any stuns payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10,'these items are called "Escrow items." At origination or at any
time during the term of the Loan, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower
PENNSYLVAN14% Single Family---Fannie htae7Freddie :vise UNIFORM INSTRUMENT Foroi 3(139 1i01
MERE
;TEM 2760L4 (0609) (Gp4 f OW 4 oei^'
of 7l,?
02/0312009 9:50:18 AM CUMBERLAND COUNTY Inst,# 200737348 - Page 4 of 19
shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay tile Funds
for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender funds for any or all
Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower
shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of
Funds has been waived by Lender and, if Lender requires, shall fumish to Lender receipts evidencing such
payment within such time period as Lender may require. Borrower's obligation to make such payments and
to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this
Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to
pay Fscrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow
Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be
obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all
Fscrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation,
Borrower shall pay to Lender all Funds, and in such amounts, that are then required raider this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require
under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable
estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, if Lender is an institution whose deposits arc so insured) or in any Federal Home
Loan Bank. Lender shall apply the }Funds to pay the Escrow Items no later than the time specified under
RESPA. Lender shall not charge Borrower for holding and applying the funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable
Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings
on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Fund,;.
Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to
Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as
defined under RESPA, Lender shall notify Bormwer as required by RESPA, and Borrower shall pay to
Lender the amount necessary to make up the shortage in accordance with RE.SPA, but in no more than 12
monthly payments. If there is a deficiency of Funds held in escrow, as define] under RESPA, Lender shall
notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up
the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priority over this Security Instrument, leasehold payments or
ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To
the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section .i.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent
the enforcement of the lien while those proceedings are pending, but only until such proceedings are
concluded; or ('c) secures from the holder of the lien an agreement satisfaetor,, to [.ender subordinating the
lien to this Security Instrument. If bender determines that any part of the Property is subject to a lien which
can attain priority over this Security Instrument, Lender may give Borrower a notice identifying tine lien.
!Within 10 davs of the date on which that notice is given, Borrower shall satisfy tyre lien or take one or more
of the actions set forth above in this Section 4.
PELVNSYI,VANIA--Singte Family-Fannie ktae/Freddte NUc UNIFORM INSTRUaiE.NT Form 3039 1/01
ME"
ITEM 2760,5 (0609) Gnat0ooa'y
(Page $ of f4J
02/03/2009 9:50:18 AM CUMBERLAND COUNTY Inst.# 200737348 - Page 5 of 19
Lender may require Borrower to pay a one-time charge tier a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5• Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. 'Phis insurance
shall be maintained in the amounts (including deductible levels) and for die periods that Lender requires. Wtwt
Lender requires pursuant to the preceding sentences can change during the term of the loan, The insurance
carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's
choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with
this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services: or (b) a
one-time charge for flood zone determination and certification services and subsequent charges each time
remappings or similar changes occur which reasonably might affect such determination or certification. Borrower
shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in
connection with the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage,
at Lender's option and Borrower's expense. Lender is tinder no obligation to purchase am particular type or
amount of coverage. Therefore, such coverage shall cover lender, but night or might not protect Borrower,
Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or liability and might
provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of tyre
insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have
obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of Borrower
secured by this Security Instrument. These anxounts shall bear interest at the Note rate from the date of
disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies: shall be subject to Lender's
right to disapprove such policies, shall include u standard mortgage clause, and shall name Lender as
mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal
certificates. If Lender requires, Borrower shall promptly give to bender all receipts of paid premiums and
renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for
damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall
name. Lender as mortgagee and/or as an additional loss payee
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to
hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work
has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.
Lender may disburse proceeds for the repairs and restoration in a single payment ur in a series of progress
puvnments as the work is completed. Unless an agreement is made in writing or Applicable Law requires
interest to be paid on such insurance proceeds, Lender shall rxit be required to pay Borrower any interest or
earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be
paid out of the insurance proceeds and shall be the sole obligation of Borrower. if the restoration or repau is
not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to
the stuns secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such insurance proceeds shall be applied in the order prodded for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim
and related matters. If Borrower does not respond within 30 days to a notice from lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
P}.NNSYLVANiA-Single Family-Fannie Nise/Freddte A1sc UNIFORINJ INSTRUMENT Form 3039 1/01
MERE
STEM 2766L6(OW9) GratOoclTM
(-age 6 of tar
0 /03/9009 9 50:18 AM CUMBERLAND COUNTY Inst.# 200737348 - Page 6 of 19
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amowit
not to exceed the amounts unpaid under the Note or this Security instrument, and (b) any other of Borrower's
rights (other than the right to any refund of unearned prerniums paid by Borrower) under all insurance
policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender
may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the
Note or this Security Instrument, whether or not then due.
6, Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security instrument and shall continue to occupy the
Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender
otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating
circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shalt maintain the Property in order to prevent
the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to
Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property
if' damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to, or the taking of, the Property, Borrower shall to responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse prot:eccis
for the repairs and restoration in a single payment or in a series of progress payments as the work is
completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Properly,
Borrower is not relieved of Borrower's obligation lior the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property, Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause
S. Borrower's Loan Application. Borrower shall be in default if, during @re Loan application
process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's
knowledge or consent gave materially false, misleading, or inaccurate information or statements to Lender
(or failed to provide Lender with material inlbmtation) in connection with die Loan. Material represt-rna(ions
include, but are not limited to, representations concerning Borrower's occupancy of the Property as
Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument.
If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there
is a legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, floc
enforcement of alien which may attain priority over this Security Instrument or to enforce laws err
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights tinder this Security
Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the
Property. Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which
has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to
protect its interest in the Property and/or rights wider this Security Instrument, including its secured position
in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to
make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate
building or other code violations or dangerous conditions, and have utilities turned on or off Although
Lender may take action under this Section 9, Lender does not have to do so and is not under arty duty or
obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized
under this Section 9.
PENNSYLVANIA -Single Family-Fannie Mae/Freddie Mae UNIFOKM INSTRUMENT Norm 3039 1 l01
MERE
ITEM 276CL7 (M9) ortatoucs.
(Page 7 of 14)
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Any amounts disbursed by Leader under this Section 9 shall become additional debt of Borrower secured
by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbivsement
and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease.
If Borrower acquires fee title to the property, the leasehold and the fee title shall not merge unless Lender
agrees to the merger in writing.
10. Mortgage Insurance. If bender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason,
the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to
the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate rnortgagc insurer
selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrowcr shall
continue to pay to Lender the amount of the separately designated payments that were due when the
insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-
refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable,
notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay
Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if
Mortgage Insurance coverage (in the amount and for the period that Lender rewires) provided by an insurer
selected by Lender again becomes available, is obtained, and Lender requires separately designated payments
toward the premiums for Mortgage Insurance. If Lender required Mortgage: Insurance as a condition of
making the Loan and Borrower was required to make separately designated payments toward the premiums
for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect,
or to provide a non-refundable loss reserve, until Lender's requirement for Mortgage Insurance ends in
accordance with any written agreement between Borrower and Lender providing for such termination or until
termination is required by Applicable Law. Nothing in this Section 10 affects Borrower's obligation to pay
interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter
into agreements with other parties that share or modify their risk, or reduce losses. 'T'hese agreements are on terms
and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements
These agreements may require the mortgage insurer to make payments using any source of funds that the
mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any remsurer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange
for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of bender takes a share of the insurer's risk in exchange for a share: of the premiums paid to the
insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for
Mortgage Insurance, or any other terms of the Loan. Such agreements will not Increase the amount
Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has--if any-with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance terminated automatically, andior to receive a refund of any
Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
PENNSYLVANIA-Single Family-Fannie M11ae/Frveddie.Nbc UNIF'0RR1 INSTRUMENT Norm 3039 1101
MERE
TF. M ^.76018 (0609) Gnaf[?o
(Pays dor u)
re)
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I L Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. airing such
repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has
had art opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a
single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made
in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is
not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied
to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such Miscellaneous Proceeds shall he applied in tho order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of die .Property, the Miscellaneous 1'rmecds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
any, paid to Borrower.
ht the event of a partial taking, destruction, or loss in value of the Property in which the fair murket
value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater
than the amount of the sums secured by t11is Security Instrument immediately before the partial taking,
destruction, or loss in value, unless Borrower acid Lender otherwise agree in writing, the sums secured by this
Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the
following fraction: (a) the total amount of the stuns secured immediately before the partial taking,
destruction, or lass in value divided by (b) the fair market value of the Property immediately before the
partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
hi the event of a partial taking, destruction, or loss in value of the Propert}• in which the fair market
value of the Property immediately before the partial taking, destruction, or loss in value is less than the
umount of the sums secured immediately before the partial taking, destruction, or loss in value, unless
Bomtwer and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the starts
secured by this Security Instrument whether or riot the stuns are then due
11' the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the C)I } osirtg
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower flails to
respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the
Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security
Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous
Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's
judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the
Property or rights under this Security Instrument. Borrower can cure such a default arid, if acceleration has
occurred, reinwAtc as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling
that, in Lender's judgment, precludes forfeiture of the Property or other matcnal impairment of Lender's interest
in the Property or rights under this Security instrurnent. The proceeds of any award or claim for damages that are
attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender.
All N bscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied
in the order provided for in Section 2,
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the starts secured by this Security Instrument granted by lender
to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or
any Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment Or otherwise modify amortization
PENNSYLVANIA Single Famity-Fannic Mae/Freddk Mac UNIFOR'N INSTRUMENT Form 3039 1ro1
MERS GrMDw.sTM
ITEM 276(X9 ;0509)
r?apa v a is
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or the Burns secured by this Security Instrument by reason of any demand made by the original Borrower or
any Successors in Interest of Borrower, Any forbearance by render in exercising any right or remedy
including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in
Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the
exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower
covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any
Borrower who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is
co-signing this Security Instrument only to mortgage, grant and convey the co-signer's interest in the
Property under the terms of this Security Instrument (b) is not personally obligated to pay the sums secured
by this Security Instrument; and (c) agrees that Lender and anv other Borrower can agree to extend, modify,
forbear or make any accommodations with regard to the terms of this Security Instrument or the Note without
the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of
Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in
writing. The covenants and agreements of this Security Instrument shall bind (except as provided in Section
20) and benefit the successors and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation lees. In
regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee
to Borrower shall not be construed as a prohibition on the charging of such fors. Lender may not charge fees
Lfwt are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any, such loan charge shall be reduced by the amount necessary to reduce the
charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted
limits will be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed
under the Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will
be treated as a partial prepayment without any prepayment charge (whether or not a prepayment charge is
provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower
will constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Leader in connection with this Security Instrument must be
in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given
to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by
other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly
requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute
notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of address. If
Lender specifies a procedure for reporting Borrower's change of address, thus Borrower shall only report a change
of address through that specified procedure. There may be only one designated notice address under this Security
Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail
to Lendcr's address stated herein unless Lender has designated another address by notice to Borrower. Any notice
in connection with this Security Instrument shall not be domed to have been given to Lender until actually
received by Lender. If any notice required by this Security Instrument is also required under Applicable Law. the
Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument.
16. Governing Law; Sevembility; Ruk% of Construction. This Swurity Instrument shall be governed
by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations
PENNS-VI,VANIA-Single Family-Frnnie Vrae/Freddie ilt,ac UNIFORM INSTRUMENT Forth 3039 1/111
MEF3 GrwtO-.-
ITF. M -760L 10 (0619) (PRge loci 14)
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contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.
Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such
silence shall not be construed as a prohibition against agreement by contract. In the event that any provision or
clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other
provisions of this Security Instrument or the Note which can be given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include
the plural and vice versa; and (c) the word "may" gives sole discretion without anv obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security instrument.
18, Tmnsfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to,
those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or
escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not
a natural person and a beneficial interest in BorTowcr is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
I lowever, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all stuns secured by this Security Instrument. If Borrower fails to pay these
sutras prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If borrower meets certain conditions,
Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior
to the earliest of: (a) five days before sale of the Property pursuant to any power of sale contained in this
Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's
right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that
Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as
if no acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all
expenses incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys'
fees, property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's
interest in the Property and rights under this Security instrument; and (d) takes such action as Lender may
reasonably require to assure that. Lender's intenxt in the Property and rights under this Security Instrument,
arid Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged.
Lender may require that Borrower pay such reinstatement sums and expenses in one or more of the following,
fomrs, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or
cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower,
this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had
occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sate of Note; Change of Loan Servicer, Notice of Grievance. The Note or a partial interest in
the Note (together with this Security Instrument) can be sold one or more times without prior notice to
Borrower. A sale might result in a change in the entity (known as the "Loan Servicer") that collects periodic
Payments due under the Note and this Security Instrument and performs other mortgage loan servicing
Obligations under the Note, this Security Instrument, and Applicable Law. There also might be one or more
changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer,
Borrower will be given written notice of the change which will state the namt: and address of the new Loan
Servicer, the address to which payments should be trade and any other information RFSPA requires in
coruiection with a notice of transfer of servicing. if the Note is sold and thereafter the Loan is serviced by a
PENNSVI,VANI.A-Singly Family .-Fannie tltae/Freddie Mar UNiFOR-NI INSTRUMENT Form 30391/01
MFRS Greatooo7-
ITEM 2760411 (0609) (Page i I or td)
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Loan Senicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will
remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the
Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason 4,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given
in compliance with the requirements of Section 15) of such alleged breach and fif orded the other party hereto
a reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a
time period which must elapse before certain action can be taken, that time period will be deemed to be
reasonable for purposes of this paragraph. The notice of acceleration and opportunity to cure given to
Borrower pursuant to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18
shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 71: (a) "Hazardous Substances" arc those
substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the
following substances, gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and
herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials;
(b) "Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that
relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response
action, remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental
Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do,
nor allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental
l.aw, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a
hazardous Substance, creates a condition that adversely affects the value: of the Property. The preceding two
sentences shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous
Substances that are generally recognized to be appropriate to normal residential uses and to maintenance of
the Property (including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private part/ involving the Property and
any Hazardous Substance or Environmental I.aw of which Borrower has actual knowledge, (bl any
Enviroru-nental Condition, including but not limited to, any spilling, leaking, discharge, release or threat of
release of any Hazardous Substance, and (c) any condition caused by the presence, use Or release of a
hazardous Substance which adversely affects the value of the Property. If Borrower learns, or is notified by
any governmental or regulatory authority, or any private party, that any removal or other remediation of any
hazardous Substance affecting the Property is necessary, Borrower shall promptly take all necessary
remedial actions in accordance with Environmental Law. Nothing herein shall create anv obligation on
Lender for an Environmental Cleanup.
NONUNIFORM COVENAKI'S. Borrower and Lender further covenant and agree as follows:
22, Acceleration; Remedies. Leader shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section f8 unless Applicable Law provides otherwise). Lender shall notift
Borrower of, among other things: (a) the default; (b) the action required to cure the default; (c) when
the default must be cured; and (d) that failure to cure the default as specified may result in
acceleration of the sums secured by this Security Instrument, foreclosure by judicial proceeding and
sale of the Property. Lender shall further inform Borrower of the right to reinstate after acceleration
and the right to assert in the foreclosure proceeding the non-existence of a default or any other defense
of Borrower to acceleration and foreclosure. If the default is not cured as specified, Lender at its
option may require immediate payment in full of all sums secured by this Security instrument without
FF,NNSYLVANIA Single Family-Fmmlt Mre/Freddle Mac UNIFORM INSTRUMENT Form 3039 1/01
MFRS CroslDocs-
ITEM 2760L 12 (0608) (Pegs 12 or rq
02103/2009 9:50:18 AM CUMBERLAND COUNTY Inst.tt 200737348 - Page 12 of 19
further demand and may foreclose this Security Instrument by judicial proceeding. Lender shall be
entitled to collect all expenses incurred in pursuing the remedies provided in this Section 22, including,
but not limited to, attorneys' fees and costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument
and the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and
satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee
for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any urnlr or
defects in proceedings to enforce this Security instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and
homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour
prior to the commencement of bidding at a sheriff's We or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage forcclosure shall be the rate payable from time to time under
the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in pages
I t=this strument and in tiny Rider executed by Borrower and recorded with it.
(Seal) (Scat)
GREGORY A. WILMARTH -Borrower -Harrower
Witness:
(Seal) (seal)
-Borrower -Borrower
_.(Seal)
-Burrower
._ (Seal)
-Borrower
Witness:
PENNSYLVANIA-Single Family- Fannie AlaNr+reddle Mac UNIFORAI 1INSTRUMENT Form 3039 1/01
MERE GraarOo -
ITEM 27WL 13 MOW) (Page 13 Of 14)
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State of # enn5y 1t amcj-
County of Combeu- LafNct
Chi this the day or CA j , before me,
the undersi ed officer, personally appeared
J ,
known to me (or satisfactorily proved) to be the person(s) whose name(s)
subscribed to the within instrument and acknowledged that excot:.ted the same for the purposes
therein contained.
IN WITNESS WHEREOF, I hereunto set my hand and o7ieial seal.
NQUA111 sal - ?.
KrAhy L. Mmmert, Notary Public
Cariide Borough, Cumberland County, PA
My CommWixt Expitts August If. 2011 Title of Officer
My commission expires;
CERTIFICATE OF RESIDENCE 1,
do hereby certify that the correct address of the within named ]under is 1417 North Magnolia Ave, Ocala,
FL 34475
Witness my hand this day of
Agent of Lander
PENNSYLVANIA-Single Family--Fannie NIne/Freddic Mac UNIFORM INSTRUMEN-1- Form 3039 IMI
MERE
ITF.41 2760L , 4 ;0600 Gnatoom-
(Page II or 7a/
0210312009 9:50:18 AM CUMBERLAND COUNTY Inst.# 200737348 - Page 14 of 19
CONDOMINIUM RIDER
THIS CONDOMINIUM RIDER is made this 26th day of September 2007
and is incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of 7 rust, or
Security Dtsedl (the "Security histrurnent") of the same date given by the undersigned (the "Borrower") to
secure Borrower's Note to Taylor, Bean dr Whitaker Mortgage Corp.
(the "Lender") of the samedate and covering the. Property described in tltt: Sectn•ity Instrument and located at:
827 OLD SILVER SPRING ROAD
MECHANICSBURG, PA 17055
lProp¢rty Address)
The.. ProPeny includes a unit in, together with an undivided interest in the common elements of, a
eoudominium project known as:
WALNUT VILLAS
(Nam. of Condominium Project)
(tile, "Condominium Project"). If the owners association or other entity which acts for the. Condoatiniurn
Project (the "Owners Association") holds title to property for the benefa or use of its members or
shareholders, die Property also includes Borrower's interest in the Owners Association and the uses,
proceeds and benefits of Borrower's interest.
CONDOMINIUM COVENANTS. In addition to the covenants slid agreements made in the Security
Instrument. Borrower and Lender further covenant and agree as follows:
A. Condominium Obligations, Borrower shalt perform all of Borrower's obligations under
the Condominium Project's Constituent Documents. The "CUIIStitUent Documents" are thu:
(i) Declaration or any other document which creates the Condominium Project; (ii) by law.;
(iii) code of regulations; and (iv) other equivalent documents. Borrower shall promptly pay, when
clue., all dues and assessments imposed piusuant to the Constituent Documents.
B. Property Insurance. So long as the Owners Association maintains, with a get)er:tlly
accepted insurance carrier, a "inaster" or "blanket" policy on the Condominium Project which is
satisfactory to Lender and which provides insurance coverage in the amounts (including
deductible levels), for the lvAods, and against loss by fire, hazards included within the toxin
"extended coverage," and any other hazards, including, but riot limited to, earthquakes and floods,
from which Lender requires insurance, then: (i) Lender waives the provision in Section 3 for the
Periodic Payment to Lender of the yearly premium installments for property insurance on the
Property; and (ii) Borrower's obligation under Section S to maintain property insurance coverage
on the Prolxtrty is deemed satisfied to the extent that the required coverage is provided by the.
Owners Association policy.
MULTISTATE CONDONMUM RIDER-Single faintly- Fannie Ntw/Freddie Mac UNWORM 1NnR1JD1Er4T
Form 31401/01
ITEM TriONLA (00II)-PENNSYLVANIA (Page ! nJ'J pngrs) ra ada(cau. 1-800•53443rAOF?ixHeia79 ? f
nwri loom q .rn•l R Ann CUMBERLAND COUNTY Inst.# 200737348 - Page 15 of 19
What Lender requires as a condition of this waiver can change during the term of the loan.
Borrower shall give Lender prompt notice of any lapse in required property iusurai}(,e,
coverage provided by the master or blanket policy.
In the event of a distribution of property insurance proceeds in lieu of restoration or repair
following a loss to the Property, whether to the unit or to common elements, any proceeds payable
to Borrower are hereby assigned and shall be paid to Lender for application to the sums secured by
the Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
C. Public Liability Insurance, Borrower shall take such actions as may be reasonable.. to
insure that rite Owners Association maintains a public liability insurance policy acceptable in
firm, amount, and extent of coverage to Lender.
D. Condemnation. 17he proceeds of any award or claim for damages, direct or
consequential, payable to Borrower in connection with any condemnation or other taking of all or
any part of the Property, whether of the unit or of the common clemrnts, or for any conveyance in
lieu of condemnation, are hereby assigncxl and shall be paid to Lender. Such proceeds shall bt,
applied by Lender to the sums secured by the Security Instrument as provided in Section 11.
E. Lender's Prior Consent. Borrower shall not, except after notice to Lender aril with
Lender's prior written consent, either partition or subdivide the Property or consent to* (i) the
abandonment or termination of the Condominium Project, except for abandonment or termination
required by law in the case of substantial destruction by fire. or other casualty or in the case, of a
taking by condemnation or eminent domain; (ii) any amendment to any provision of the.
Constituent Documents if the provision is for the express benefit of Lender; (iii) termination of
professional management and assumption of self-management of the Owners Association: or
(iv) any action which would have the effect of rendering the public liability insurance coverage.
maintained by the Owners Association unacceptable to Lender.
F. Remedies. If Borrower does not pay condominium dues and assessments when due, thorn
Lender may pay them. Any amounts disbursed by Lender under this paragraph F shall become
additional debt of Borrower secured by the Security Instrument. Unless Borrower and lender
agree to other terms of payment, these amounts shall bear interest from the date of disbursement at
the Note rate and shall be payable, with interest, upon notice from Lender to Borrower requesting
payment.
IYIULTI,WATE CONDOMINIUM RIDER-single Family. -Fannie Mae/Frecldle Mac UNIFORM INSTRUMENT
Form 3140 1101
ITEM 7909612 (0011 -PENNSVLVAh@A flREATLAND ¦
1 (prrgr ) of 3 prrges) To Ordu G1:1600 53J9090OFa: EATL 1.1t 11
mrnv?nnq q• ,,n•1R AM CUMBERLAND COUNTY Inst.# 200737348 - Page 16 of 19
BY SIGNING BELOW, Borrower accepts and agrees to the ferns and provisions contained in llages
I tluo 3 of Uiis Condominium Rider.
(Seal) (Seal)
GREGORY A. VALMARTH Bortowl!r Borrower
(Seaq
Borrower
(Seal)
•Bcxrowcr
-(Seal)
Brnrower
(Seal)
Borrower
MULTISTATE CONDOMINIUM RIDER-Siigk Faouly---Faanle Mae/Fmddle Mac UN FORIvi INSTRUMENT
Fors, 3140 Vol
ITEM T90 88t3 'OQ 11 OREATLANO ¦
1 PENNSYLVANIA (Page. ? of.7 page!) -o ad. tmi I40GS4o-D3930 W 615-191.113
0910317009 9:.50:18 AM CUMBERLAND COUNTY Intl 200737348 - Page 17 of 19
LEGAL. DESCRIPTION
ALL THAT CERTAIN unit in the property known, named and identified in the Declaration
referenced to below as "Wait Villas Condominium„ located in the Borough
County of Cumberland, Commonwealth of Pe of Mechanicsburg,
Pursuant to the provisions of the P Pennsylvania, which has heretofore been submitted
Ann. ant t ennsyivania uniform condo=1 Act, 68 Pa. Cons. Stat.
Of (Purdon Supp. 1987), by the recording in the Office of the Recorder of Deeds
Cumberland County, Pennsylvania, of a Declaration of Condom:inirun dated July 30. 1985, and
recorded on August 14, 1985, Miscellaneous Book Volume 308, Page 147, which Declaration has
been amended by a First Amendment to Declaration of Condominium dated December 31, 1985
and recorded on December 31, 1985, in the aforesaid Office at Miscellaneous Book 313, Page
133, and further amended by a Second Amendment to Declaration of Condominium dated March
23, 1987 and recorded on March 27, 1987, in the aforesaid Office of Miscellaneous Book 331,
Page 933, and firther amended by a Tbird An=dment to Declaration ofcondosB
12, 1987 and recorded on June 12, 1987, in the aforesaid Office at Miscellaneous Book 335, Page
283, and further amended by a Fourth Amendment to Declaration of Condominium dated
November 10, 1987 and recorded on November 30, 1987, in the aforesaid Office at
Miscellaneous Book 343, Page 368, and further amended a gd}h
Condominium dated April 14, 1988 and recorded April 18988, in thAmendment to
e ad Officelaration of
Miscellaneous Book 348, page 868 being and designated in such Declaration, and further
amended by a sixth Amendment to Declaration of Condominium dated October 12, 1988 and
recorded October 13, 1988 in the aforesaid Office at Miscellaneous Book 355, Page 1084, as so
amended, as Unit No. 827, as more fully described in such Declaration, as so amended together
with a proportionate undivided interest in the Common Elements of such Condominiumn as set
forth in such Declaration as so amended and as further amended by an), further amendments
thereto hereafter recorded in the aforesaid Office.
UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way,
casements and agreements of record, including (but not limited to) those contained in the
instruments recorded in the aforesaid Office in Miscellaneous Book Volume 304, Page 227, and
Miscellaneous Book Volume 304, Page 566.
TO HAVE AN TO HOLD the said Unit above-described and the Hereditaments and premises
hereby granted, or mentioned and intended so to be, with the Appurtenances unto the said
Grantees, their heirs and Assigns, to and for the only proper use and behoof of said Grantees,
their heirs and Assigns forever. Subject as aforesaid.
Q-7,1&g
02103!2009 9:50:18 AM CUMBERLAND COUNTY Inst.# 200737348 - Page 18 of 19
LEGAL DESCRIPTION
ALL THAT CERTAIN unit in the property known, named and identified in the Declaration
referenced to below as'Walnut Villas Condominium' located in the Borough of Mechanicsburg,
County of Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted
pursuant to the provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. Cons. Stat.
Ann. 3101 et. seq. (Purdon Supp. 1987), by the recording in the Office of the Recorder of Deeds
of Cumberland County, Pennsylvania, of a Declaration of Condominium dated July 30, 1985,
and recorded on August 14, 1985, Miscellaneous Book Volume 308, Page 147, which
Declaration has been amended by a First Amendment to Declaration of Condominium dated
December 31, 1985 and recorded on December 31, 1985, in the aforesaid Office at
Miscellaneous Book 313, Page 133, and further amended by a Second Amendment to
Declaration of Condominium dated March 23, 1987 and recorded on March 27, 1987, in the
aforesaid Office of Miscellaneous Book 331, Page 933, and further amended by a Third
Amendment to Declaration of condominium dated June 12, 1987 and recorded on June 12, 1987,
in the aforesaid Office at Miscellaneous Book 335, Page 283, and further amended by a Fourth
Amendment to Declaration of Condominium dated November 10, 1987 and on November 30,
1987, in the aforesaid Office at Miscellaneous Book 343, Page 368, and further amended by a
Fifth Amendment to Declaration of Condominium dated April 14, 1988 and recorded April 18,
1988, in the aforesaid Office at Miscellaneous Book 348, Page 868 being and designated in such
Declaration, and further amended by a Sixth Amendment to Declaration of Condominium dated
October 12, 1988 and recorded October 13, 1988 in the aforesaid Office at Miscellaneous Book
355, Page 1084, as so amended, as Unit No. 827, as more fully described in such Declaration, as
so amended together with a proportionate undivided interest in the Common Elements of such
File #: 197737
Condominium as set forth in such Declaration as so amended and as further amended by any
further amendments thereto hereafter recorded in the aforesaid Office.
UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way,
easements and agreements of record, including (but not limited to) those contained in the
instruments recorded in the aforesaid Office in Miscellaneous Book Volume 304, Page 227, and
Miscellaneous Book Volume 304, Page 566.
TO HAVE AN TO HOLD the said Unit above-described and the Hereditaments and Premises
hereby granted, or mentioned and intended so to be, with the Appurtenances unto the said
Grantees, their heirs and Assigns, to and for the only proper use and behoof of said Grantees,
their heirs and Assigns forever. Subject as aforesaid.
He M 197737
VERIFICATION
I hereby state that I am the attorney for the Plaintiff in this matter, that Plaintiff is outside
the jurisdiction of the Court and/or the verification could not be obtained within the time allowed
for the filing of the pleading, that I am authorized to make this verification pursuant to Pa.R.C.P.
1024 (c), and that the statements made in the foregoing Civil Action in Mortgage Foreclosure are
based upon information supplied by Plaintiff and are true and correct to the best of my
knowledge, information and belief.
The undersigned understands that this statement is made subject to the penalties of 18
Pa.C.S. Sec. 4904 relating to unsworn falsifications to authorities.
DATE: D
4o7mey fo tiff
File #: 197737
0
NJ
Q-N
w.
SHERIFF'S RETURN - REGULAR
CASE NO: 2009-01119 P
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
TAYLOR BEAN AND WHITAKER
VS
WILMARTH GREGORY A
AMANDA COBAUGH , Sheriff or Deputy Sheriff of
Cumberland County,Pennsylvania, who being duly sworn according to law,
says, the within COMPLAINT - MORT FORE was served upon
WILMARTH GREGORY A the
DEFENDANT , at 0016:28 HOURS, on the 26th day of February-, 2009
at 827 OLD SILVER SPRING ROAD
MECHANICSBURG, PA 17055-2883 by handing to
GREGORY WILMARTH 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: So Answers:
Docketing 18.00
Service 9.00
Affidavit .00
Surcharge 10.00 R. Thomas Kline
.00
37.00 02/27/2009
PHELAN HALLINAN & SCHMIEG
Sworn and Subscibed to By: momdn
A Ni"A
before me this day Deputy Sherif
of A.D.
' r-a
C
?
-x`? ?i-° ?
? s °;, ?r?
6r? ,.{^.
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-y
..?. .s°^
PHELAN HALLINAN & SCHMIEG, LLP
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
TAYLOR, BEAN & WHITAKER
MORTGAGE CORPORATION
Plaintiff
VS.
GREGORY A. WILMARTH
Defendant(s)
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. CIVIL-09-1119
CUMBERLAND COUNTY
PRAECIPE TO SUBSTITUTE VERIFICATION
TO CIVIL ACTION COMPLAINT
IN MORTGAGE FORECLOSURE
TO THE PROTHONOTARY:
Kindly substitute the attached verification for the verification originally filed with the
complaint in the instant matter.
Phelan Hallinan & Schmieg, LLP
Attorn ey r Plaintiff
By:
Franc' S. Hall n , Esquire
Date: 3/24/09
PHS #: 197737
VERIFICATION
Erla Carter-Shaw hereby states that he/she is Executive Vice President of
TAYLOR, BEAN & WMTAKER MORTGAGE CORPORATION, servicing agent for Plaintiff,
TAYLOR, BEAN & WFUTAKER MORTGAGE CORPORATION, in this matter, that he/she is
authorized to take this Verification, and that the statements made in the foregoing Civil Action in
Mortgage Foreclosure are true and correct to the best of his/her knowledge, information and
belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa.
C.S. Sec. 4904 relating to unsworn falsification to authorities.
Name: Erla Carter- haw
DATE: February 24, 2009 Title: Executive Vice President
Company: TAYLOR, BEAN & WWrAKER
MORTGAGE CORPORATION
Loan: 1957211
File #; 197737
I , .
PHELAN HALLINAN & SCHMIEG, LLP
LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
TAYLOR, BEAN & WHITAKER
MORTGAGE CORPORATION
Plaintiff
VS.
GREGORY A. WILMARTH
Defendant(s)
ATTORNEY FOR PLAINTIFF
CIVIL DIVISION
COURT OF COMMON PLEAS
NO. CIVIL-09-1119
CUMBERLAND COUNTY
CERTIFICATE OF SERVICE
I hereby certify that a strue and correct copy of Plaintiff s Praecipe to attach Verification
of Complaint was sent via first class mail to the following on the date listed below:
GREGORY A. WILMARTH
827 OLD SILVER SPRING ROAD,
MECHANICSBURG, PA 17055-2883
Phelan Hallinan & Schmieg, LLP
Attorney r Plaintiff
By:
Franc' S. Hallinan, Esquire
A
Date: 3/24/09
C?
r-a
.; ;
Phelan Hallinan & Schmieg, LLP
By: Daniel G. Schmieg, Esquire
Identification No. 62205
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
TAYLOR, BEAN & WHITAKER
MORTGAGE CORPORATION
VS.
GREGORY A. WILMARTH
827 OLD SILVER SPRING ROAD
MECHANICSBURG, PA 17055-2883
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
: No. CIVIL-09-1119
PRAECIPE FOR IN REM JUDGMENT FOR FAILUOI TO
ANSWER AND ASSESSMENT OF DAMAGES
TO THE PROTHONOTARY:
Kindly enter judgment in favor of the Plaintiff and against GREGORY A.
WILMARTH, Defendant(s) for failure to file an Answer to Plaintiff's Com laint within 20 days
from service thereof and for foreclosure and sale of the mortgaged premises, and assess
Plaintiff's damages as follows:
As set forth in Complaint $133,29748
Interest - 02/24/2009 to 04/01/2009
927.22
TOTAL $134,22470
I hereby certify that (1) the addresses of the Defendant(s) are as show-0 above, and (2)
that notice has been given in accordance with Rule 237.1, copy attached.
`baniel G. Schmie Es ire
Attorney for Plaint ff
DAMAGES ARE HEREBY ASSESSED AS INDICATED.
DATE: 3 1617
PHS # 197737
fs / c
PRO PROTHY X
APR _ 11: Oa
Ie- J-
4d ?.
PHELAN HALLINAN & SCHMIEG, LLP
By: LAWRENCE T. PHELAN, ESQ., Id. No. 32227
FRANCIS S. HALLINAN, ESQ., Id. No. 62695
DANIEL G. SCHMIEG, ESQ., Id. No. 62205
ONE PENN CENTER PLAZA, SUITE 1400
PHILADELPHIA, PA 19103
(215) 563-7000
TAYLOR, BEAN & WHITAKER MORTGAGE
CORPORATION
Plaintiff
V.
GREGORY A. WILMARTH
Defendant(s)
TO: GREGORY A. WILMARTH
827 OLD SILVER SPRING ROAD,
MECHANICSBURG, PA 17055-2883
DATE OF NOTICE: March 19, 2009
(20py
THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A BT. THIS NOTICE
IS SENT TO YOU IN AN ATTEMPT TO COLLECT THE INDEBTED SS REFERRED TO
HEREIN, AND ANY INFORMATION OBTAINED FROM YOU WILL B USED FOR THAT
PURPOSE.IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN BANKRUPTCY,
THIS CORRESPONDENCE IS NOT AND SHOULD NOT BE CONSTRUED TO BE AN
ATTEMPT TO COLLECT A DEBT, BUT ONLY AS ENFORCEMENT OF LIEN AGAINST
PROPERTY.
IMPORTANT NOTICE
You are in default because you have failed to enter a written appearance pe onally 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 th s 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:
Office of the Prothonotary
Cumberland County Courthouse
1 Courthouse Square
Carlisle, PA 17013
(717) 240-6195
ATTORNEY FOR PLAINTIFF
COURT OF COMMON PLEAS
CIVIL DIVISON
NO. CIVIL-09-1119
CUMBERLAND COUNTY
Cumberland County Bar Association
32 South Bedford Street
Carlisle, PA 17013
(717) 249-3166
MARLENE POWERS
Legal Assistant
PHS # 197737
S=
RUM-OMM
OF THE PFOrr rNOTARY
2089 APR -3 AM I I: On
PENNSYLVANA
r,
_)
Phelan Hallinan & Schmieg, LLP
By: Daniel G. Schmieg, Esquire
Identification No. 62205
1617 JFK Boulevard, Suite 1400
One Penn Center Plaza
Philadelphia, PA 19103
215-563-7000
TAYLOR, BEAN & WHITAKER
MORTGAGE CORPORATION
VS.
GREGORY A. WILMARTH
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
No. CIVIL-09-1119
VERIFICATION OF NON-MILITARY SERVICE
Daniel G. Schmieg, Esquire, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that on information and belief, he has knowledge of the
following facts, to wit:
(a) that the defendant(s) is/are not in the Military or Naval Service of the United
States or it Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief
Act of Congress of 1940, as amended.
(b) that defendant GREGORY A. WILMARTH is over 18 yeors of age and
resides at 827 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17655-2883.
This statement is made subject to the penalties of 18 Pa. C.S. Section 4904
relating to unsworn falsification to authorities.
Darnel G. Schmi?g, Esquire
Attorney for Plaintiff
-
FtM-OfflCE
OF MOWMARY
2009 APR -3 AM 11:00
CUMBE .y u WUNW
€ENNSYLVAMA
(Rule of Civil Procedure No. 236) - Revised
TAYLOR, BEAN & WHITAKER CUMBERLAND COUNTY
MORTGAGE CORPORATION
COURT OF COMMON PLEAS
VS. .
GREGORY A. WILMARTH CIVIL DIVISION
827 OLD SILVER SPRING ROAD
MECHANICSBURG, PA 17055-2883 No. CIVIL-09-1119
Notice is given that a Judgment in the above captioned matter ':has been entered
against you on a"- 3
By: pC2w:I ? DEPUTY
If you have any questions concerning this matter please contact:
Daniel G. Schmieg, squire
Attorney or Party Fil g
1617 JFK Boulevard Suite 1400
One Penn Center PI a
Philadelphia, PA 19103
215-563-7000
"THIS FIRMIS A DEBT COLLECTOR ATTEMPTING TO COLLECTOA DEBT AND
ANYINFORMATION OBTAINED WILL BE USED FOR THAT PURPO E. IF YOU
HAVE PREVIOUSLYRECEIVED A DISCHARGE INBANKRUPTCY, IS IS NOT AND
SHOULD NOT BE CONSTRUED TO BE ANATTEMPT TO COLLECT A DEBT, BUT
ONLYENFORCEMENT OFA LIENAGAINST PROPERTY. **
1 1-%
TAYLOR, BEAN & WHITAKER MORTGAGE
CORPORATION
Plaintiff,
V. No. CIVIL-09-1119
GREGORY A. WILMARTH .
Defendant(s).
TO THE PROTHONOTARY:
Issue writ of execution in the above matter:
Amount Due $134,224.70
Interest from 04/02/2009 TO 09/02/2009 $3,397.24 and Costs
(per diem -$22.06)
TOTAL $139,335.44
DANIEL G. SCHMIEG, E UIRE
One Penn Center at Suburban Station
1617 John F. Kennedy Boulevard, Suite 1400
Philadelphia, PA 19103-1814
Attorney for Plaintiff
Note: Please attach description of property.
197737
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PHELAN HALLINAN & SCHMIEG, L.L.P.
By: DANIEL G. SCHMIEG
Identification No. 62205
ONE PENN CENTER AT SUBURBAN STATION
1617 JOHN F. KENNEDY BLVD., SUITE 1400
PHILADELPHIA, PA 19103-1814
(215) 563-7000
TAYLOR, BEAN & WHITAKER MORTGAGE
CORPORATION
Plaintiff,
V.
GREGORY A. WILMARTH
Defendant(s).
ATTORNEY FOR PLAINTIFF
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. CIVIL-09-1119
CERTIFICATION
DANIEL G. SCHMIEG, ESQUIRE, hereby verifies that he is attorney for the Plaintiff in
the above-captioned matter, and that the premises are not subject to the provisions of Act 91
because it is:
() an FHA mortgage
( ) non-owner occupied
( ) vacant
(X) Act 91 procedures have been fulfilled
This certification is made subject to the penalties of 18 Pa. C.S.A. §4904 relating to unsworn
falsification to authorities.
muorney Tor viaintin
FILED--, iCTIOE
.. ,I {alt. ! r.`.?T %t OrApy
2M APR 29 Ail 10: 3 1
?u„ ,..y.
to. TAYLOR, BEAN & WHITAKER MORTGAGE
CORPORATION
Plaintiff,
V.
GREGORY A. WILMARTH
Defendant(s).
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
CIVIL DIVISION
NO. CIVIL-09-1119
AFFIDAVIT PURSUANT TO RULE 3129.1
TAYLOR, BEAN & WHITAKER MORTGAGE CORPORATION , Plaintiff in the above action,
by its attorney, DANIEL G. SCHMIEG, ESQUIRE, sets forth as of the date the Praecipe for the Writ of
Execution was filed the following information concerning the real property located at ,827 OLD.
SILVER SPRING ROAD, MECHANICSBURG, PA 17055-2883 .
1. Name and address of Owner(s) or reputed Owner(s):
Name Last Known Address (if address cannot be
reasonably ascertained, please indicate)
GREGORY A. WILMARTH 827 OLD SILVER SPRING ROAD
MECHANICSBURG, PA 17055-2883
2. Name and address of Defendant(s) in the judgment:
Same as above
3. Name and last known address of every judgment creditor whose judgment is a record lien on the real
property to be sold:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Midland Funding, LLC, Dell Financial
C/O Philip C. Warholic, Esquire
4660 Trindle Road
Suite 300
Camp Hill, PA 17011
4. Name and address of last recorded holder of every mortgage of record:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
5. Name and address of every other person who has any record lien on the property:
.. Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
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.
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in
the property which may be affected by the sale:
Name
Last Known Address (if address cannot be
reasonably ascertained, please indicate)
Tenant/Occupant
Domestic Relations of Cumberland County
Commonwealth of Pennsylvania
Department of Welfare
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Internal Revenue Service
Federated Investors Tower
Department of Public Welfare
TPL Casualty Unit
Estate Recovery Program
Walnut Villas Condominiums
827 OLD SILVER SPRING ROAD
MECHANICSBURG, PA 17055-2883
13 North Hanover Street
Carlisle, PA 17013
PO Box 2675
Harrisburg, PA 17105
6th Floor, Strawberry Sq., Dept. 28061
Harrisburg, PA 17128
13th Floor, Suite 1300
1001 Liberty Avenue
Pittsburgh, PA 15222
P.O. Box 8486
Willow Oak Building
Harrisburg, PA 17105
763 Old Silver Spring Road
Mechanicsburg, PA 17055
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.A. § 4904 relating to unsworn falsification to authorities.
April 23, 2009
DATE DANIEL G. SCHMIE QUIRE
7?:?:
Attorney for Plaintiff
.. LEGAL DESCRIPTION
ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referenced
to below as 'Walnut Villas Condominium' located in the Borough of Mechanicsburg, County of
Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to the
provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. Cons. Stat. Ann. 3101 et. seq.
(Purdon Supp. 1987), by the recording in the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania, of a Declaration of Condominium dated July 30, 1985, and recorded on August 14, 1985,
Miscellaneous Book Volume 308, Page 147, which Declaration has been amended by a First
Amendment to Declaration of Condominium dated December 31,1985 and recorded on December 31,
1985, in the aforesaid Office at Miscellaneous Book 313, Page 133, and further amended by a Second
Amendment to the Declaration of Condominium dated March 23,1987 and recorded on March 27,
1987, in the aforesaid Office of Miscellaneous Book 331, Page 933, and further amended by a Third
Amendment to Declaration of condominium dated June 12, 1987 and recorded on June 12, 1987, in the
afore said Office at Miscellaneous Book 335, Page 283, and further amended by a Fourth Amendment
to Declaration of Condominium dated November 10, 1987 and on November 30, 1987, in the aforesaid
Office at Miscellaneous Book 343, Page 368, and further amended by a "Fifth Amendment to
Declaration of Condominium dated April 14,1988 and recorded April 18, 1988, in the aforesaid Office
at Miscellaneous Book 348, Page 868 being and designated in such Declaration, and further amended
by a Sixth Amendment to Declaration of Condominium dated October, 12 1988 and recorded October
13, 1988 in the aforesaid Office at Miscellaneous Book 355, Page 1084, as so amended, as Unit No. 827,
as more fully described in such Declaration, as so amended together with a proportionate undivided
interest in the Common Elements of such Condominium as set forth in such Declaration as so amended
and as further amended by any further amendments thereto hereafter recorded in the aforesaid Office.
UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way, easements
and agreements-of record, including (but not limited to) those contained in the instruments recorded in
the aforesaid Office in Miscellaneous Book Volume 304, Page 227, and Miscellaneous Book Volume
304, Page 566.
TO HAVE AND TO HOLD the said Unit above-described and the Hereditaments and Premises hereby
granted, or mentioned and intended so to be, with the Appurtenances unto the said Grantees, their
heirs and Assigns, to and for the only proper use and behoof of said Grantees, their heirs and Assigns
forever. Subject as aforesaid.
BEING the same premises which Christopher A. Toddes and Eden L. Toddes, both single people, by
Deed dated December 14th 2001 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Deed Book 249, Page 3111, granted and conveyed unto Tanya L.
Jenkins, single person, GRANTOR HEREIN.
PARCEL IDENTIFICATION NO: 18-22-0519-001B-U-H827, CONTROL #: 18000154
TITLE TO SAID PREMISES IS VESTED IN Gregory A. Wilmarth, married man, by Deed from
Tanya L. Jenkins, single person, dated 09/26/2007, recorded 09/27/2007 in Instrument Number
200737347.
PREMISES BEING: 827 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055-
2883
.A
2639 APR 29 Al 10: 3
.. r
TAYLOR, BEAN & WHITAKER MORTGAGE CUMBERLAND COUNTY
CORPORATION
Plaintiff, No. CIVIL-09-1119
V.
GREGORY A. WILMARTH
Defendant(s).
April 23, 2009
TO: GREGORY A. WILMARTH
827 OLD SILVER SPRING ROAD
MECHANICSBURG, PA 17055-2883
"THIS FIRM IS A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE. IF YOU HAVE PREVIOUSLY RECEIVED A DISCHARGE IN
BANKRUPTCY AND THIS DEBT WAS NOT REAFFIRMED, THIS IS NOT AND SHOULD NOT BE CONSTRUED TO BE
AN ATTEMPT TO COLLECT A DEBT, BUT ONLY ENFORCEMENT OF ALIEN AGAINST PROPERTY.
Your house (real estate) at, 827 OLD SILVER SPRING ROAD, MECHANICSBURG, PA
17055-2883, is scheduled to be sold at the Sheriff s Sale on SEPTEMBER 2, 2009 at 10:00 a.m. in the
Cumberland County Courthouse, South Hanover Street, Carlisle, PA 17013, to enforce the court
judgment of $134,224.70 obtained by TAYLOR, BEAN & WHITAKER MORTGAGE
CORPORATION (the mortgagee) against you. In the event the sale is continued, an announcement
will be made at said sale in compliance with Pa.R.C.P., Rule 3129.3.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale, you must take immediate action:
1. The sale will be cancelled if you pay to the mortgagee the back payments, late charges,
costs and reasonable attorney's fees due. To find out how much you must pay, you may
call: (215) 563-7000.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to
postpone the sale for good cause.
3. You may also be able to stop the sale through other legal proceedings.
...
You may need an attorney to assert your rights. The sooner you contact one, the more chance
you will have of stopping the sale. (See notice on page two on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER
RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE.
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may
find out the price bid by calling (215) 3-7000.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly
inadequate compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To
find out if this has happened, you may call (717) 240-6390.
4. If the amount due from the Buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have the right to remain in the property until the full amount due is paid to the Sheriff
and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict
you.
6. You may be entitled to a share of the money which was paid for your house. A schedule of
distribution of the money bid for your house will be filed by the Sheriff within 30 days of the sale. This
schedule will state who will be receiving that money. The money will be paid out in accordance with
this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the
Sheriff within ten (10) days after the distribution is filed.
7. You may also have other rights and defenses, or ways of getting your home 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 ATTORNEY REFERRAL
CUMBERLAND COUNTY BAR ASSOCIATION
2 LIBERTY AVENUE
CUMBERLAND COUNTY COURTHOUSE
CARLISLE, PA 17013
(717) 249-3166
(800) 990-9108
PRAECIPE FOR WRIT OF EXECUTION - (MORTGAGE FORECLOSURE)
Pa.R.C.P. 3180-3183
t 0
LEGAL DESCRIPTION
ALL THAT CERTAIN unit in the property known, named and identified in the Declaration referenced
to below as 'Walnut Villas Condominium' located in the Borough of Mechanicsburg, County of
Cumberland, Commonwealth of Pennsylvania, which has heretofore been submitted pursuant to the
provisions of the Pennsylvania Uniform Condominium Act, 68 Pa. Cons. Stat. Ann. 3101 et. seq.
(Purdon Supp.1987), by the recording in the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania, of a Declaration of Condominium dated July 30, 1985, and recorded on August 14, 1985,
Miscellaneous Book Volume 308, Page 147, which Declaration has been amended by a First
Amendment to Declaration of Condominium dated December 31, 1985 and recorded on December 31,
1985, in the aforesaid Office at Miscellaneous Book 313, Page 133, and further amended by a Second
Amendment to the Declaration of Condominium dated March 23, 1987 and recorded on March 27,
1987, in the aforesaid Office of Miscellaneous Book 331, Page 933, and further amended by a Third
Amendment to Declaration of condominium dated June 12, 1987 and recorded on June 12, 1987, in the
afore said Office at Miscellaneous Book 335, Page 283, and further amended by a Fourth Amendment
to Declaration of Condominium dated November 10, 1987 and on November 30, 1987, in the aforesaid
Office at Miscellaneous Book 343, Page 368, and further amended by a Fifth Amendment to
Declaration of Condominium dated April 14, 1988 and recorded April 18, 1988, in the aforesaid Office
at Miscellaneous Book 348, Page 868 being and designated in such Declaration, and further amended
by a Sixth Amendment to Declaration of Condominium dated October, 12 1988 and recorded October
13, 1988 in the aforesaid Office at Miscellaneous Book 355, Page 1084, as so amended, as Unit No. 827,
as more fully described in such Declaration, as so amended together with a proportionate undivided
interest in the Common Elements of such Condominium as set forth in such Declaration as so amended
and as further amended by any further amendments thereto hereafter recorded in the aforesaid Office.
UNDER AND SUBJECT to any and all covenants, conditions, restrictions, rights of way, easements
and agreements of record, including (but not limited to) those contained in the instruments recorded in
the aforesaid Office in Miscellaneous Book Volume 304, Page 227, and Miscellaneous Book Volume
304, Page 566.
TO HAVE AND TO HOLD the said Unit above-described and the Hereditaments and Premises hereby
granted, or mentioned and intended so to be, with the Appurtenances unto the said Grantees, their
heirs and Assigns, to and for the only proper use and behoof of said Grantees, their heirs and Assigns
forever. Subject as aforesaid.
BEING the same premises which Christopher A. Toddes and Eden L. Toddes, both single people, by
Deed dated December 14th 2001 and recorded in the Office of the Recorder of Deeds in and for
Cumberland County, Pennsylvania, in Deed Book 249, Page 3111, granted and conveyed unto Tanya L.
Jenkins, single person, GRANTOR HEREIN.
PARCEL IDENTIFICATION NO: 18-22-0519-001B-U-H827, CONTROL #: 18000154
TITLE TO SAID PREMISES IS VESTED IN Gregory A. Wilmarth, married man, by Deed from
Tanya L. Jenkins, single person, dated 09/26/2007, recorded 09/27/2007 in Instrument Number
200737347.
PREMISES BEING: 827 OLD SILVER SPRING ROAD, MECHANICSBURG, PA 17055-
2883
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
N009-1119 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due TAYLOR, BEAN & WHITAKER MORTGAGE
CORPORATION Plaintiff (s)
From GREGORY A. WILMARTH
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DECRIPTION.
(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$134,224.70 L.L.$.50
Interest FROM 04/02/2009 TO 09/02/2009 (PER DIEM - $22.06) - $3,397.24 AND COSTS
Atty's Comm % Due Prothy $2.00
Atty Paid $156.00 Other Costs
Plaintiff Paid
Date: April 29, 2009
s R. L n ono
(Seal) By:
Deputy
REQUESTING PARTY:
Name DANIEL G. SCHMIEG, ESQUIRE
Address: PHELAN HALLINAN & SCHMIEG, L.L.P., ONE PENN CENTER AT SUBURBAN
STATION, 1617 JOHN F. KENNEDY BLVD., SUITE 1400, PHILADELPHIA, PA 19103-1814
Attorney for: PLAINTIFF
Telephone: 215-563-7000
Supreme Court ID No. 62205
' Sheriff s Office of Cumberland County
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R Thomas Kline .
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Sheriff
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Ronny R Anderson ~ ~ ' co
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Solicitor
Taylor, Bean and Whitaker Mortgage Corporation Case Number
vs. 2009-1119
Gregory A Wilmarth _
SHERIFF'S RETURN OF SERVICE
07/0712009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states this writ is returned STAYED per
letter of Instruction from Attorney Daniel Schmieg.
SHERIFF COST: $85.44
July 07, 2009
SO ANS S,
R THOMAS KLINE, SHERIFF
c~~ as
Real Estate Sale #
On May 15, 2009 the Sheriff levied upon the
defendant's interest in the real property situated in
Borough of Mechanicsburg, Cumberland County, PA
Known and numbered as, 827 Old Silver Spring Road,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference
incorporated herein.
Date: May 1~5, 2009
By:
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Real Estate oordinator
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