HomeMy WebLinkAbout09-2108McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Countrywide Home Loans Servicing, L.P.
1800 Tapo Canyon Road
Mail Stop #SV-103
Simi Valley, California 93063
V.
Duane R Schreffler
141 Pleasant Grove Road
Mechanicsburg, Pennsylvania 17050
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number 09 -02.108 0'i V; t (e r 01
CIVIL ACTION/MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you
must take action within twenty (20) days after this
complaint and notice are served, by entering a written
appearance personally or by attorney and filing in
writing with the court your defenses or objections to the
claims set forth against you. You are warned that ifyou
fail to do so the case may proceed without you and a
judgment may be entered against you by the court
without further notice for any money claimed in the
complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO
YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A
LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR
NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
AVISO
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas ex-puestas en las paginas
siguientes, usted tiene veinte (20) dias de plazo al partir
de la fecha de la demanda y la notificacion. Hace falta
asentar una comparencia escrita o en persona o con un
abogado y entregar a la corte en forma escrita sus
defensas o sus objeciones a las demandas en contra de
su persona. Sea avisado que si usted no se defiende, la
corte tomara medidas y puede continuar la demanda en
contra suya sin previo aviso o notificacion. Ademas, la
corte puede decidir a favor del demandante y requiere
que usted cumpla con todas las provisioner de esta
demanda. Usted puede perder dinero o sus propiedades
u otros derechos importantes para usted.
USTED LE DEBE TOMAR ESTE PAPEL A
SU ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE A UN ABOGADO, VA A O TELEFONEA LA
OFICINA EXPUSO ABAJO. ESTA OFICINA LO
PUEDE PROPORCIONAR CON INFORMATION
ACERCA DE EMPLEAR A UN ABOGADO.
SI USTED NO PUEDE PROPORCIONAR
PARA EMPLEAR UN ABOGADO, ESTA OFICINA
PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DE LAS AGENCIAS
QUE PUEDEN OFRECER LOS SERVICIOS
LEGALES A PERSONAS ELEGIBLES EN UN
HONORARIO REDUCIDO NI NINGUN
HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
CIVIL ACTION/MORTGAGE FORECLOSURE
Plaintiff is Countrywide Home Loans Servicing, L.P., a corporation duly organized and
doing business at the above captioned address.
2. The Defendant is Duane R Schreffler, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is 141 Pleasant Grove Road, Mechanicsburg,
Pennsylvania 17050.
On February 21, 2003, mortgagor made, executed and delivered a mortgage upon the
premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as nominee for America's
Wholesale Lender which mortgage is recorded in the Office of the Recorder of Cumberland County in
Mortgage Book 1801, Page 3216.
4. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration
Systems, Inc. as nominee for America's Wholesale Lender to Countrywide Home Loans Servicing LP , by
Assignment of Mortgage, which will bed duly recorded in the Office of the Recorder of Cumberland County.
The premises subject to said mortgage is described in the mortgage attached as Exhibit "A"
and is known as 141 Pleasant Grove Road, Mechanicsburg, Pennsylvania 17050.
6. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due October 1, 2008 and each month thereafter are due and unpaid, and by the terms of said
mortgage, upon default in such payments for a period of one month, the entire principal balance and all
interest due thereon are collectible forthwith.
The following amounts are due on the mortgage:
Principal Balance $ 104,251.65
Interest through February 23, 2009 $ 1900.50
(Plus $1,900.50 per diem thereafter)
Attorney's Fee $ 1,300.00
Late Charges $ 126.96
GRAND TOTAL $ 107,579.11
8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice
required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et
seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail
with a certificate of mailing and by certified mail, return receipt requested.
WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $107,579.11,
together with interest at the rate of $1,900.50 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgaged property.
MCCABE, WFWERG AND C9KWAY,P.C.
BY:
TERRENCE J. McCABE, ESQUI
MARC S. WEISBERG, ESQUI
EDWARD D. CONWAY, ES
MARGARET GAIRO, ESQUIRE
VERIFICATION
The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the
within action, and that he/she is authorized to make this verification and that the foregoing facts based on
the information from the Plaintiff, who is not available to sign this, are true and correct to the best of
his/her knowledge, information and belief and further states that false statements herein are made subject
to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities.
McCABE, WELS4ERG AND CON)VAY,P.C.
BY:
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
L5
'LEASE RECORD AND RETURN TO
First American Tide insurance Company
472 California Road
Quakertown, PA 18951
Prepared. By:
C. EDWARDS
1800 Tapo nyon Parcel Number:
Simi Vall CA 93063-6712 3?Iq'(??0?
[Space Above This Line For Recording Data
k) r'11;jj / j RR 1.01 . ••
?tRQ$ERT P. leoL 'R
{:TIMBERLAND 00 DEEDS
OUNt y-; A
h
After Recording Ret To:
COUNTRYWIDE.H E LOANS, INC.
MS SV-79 DOC ENT PROCESSING
00002493282858078
[Doc ID #1
MORTGAGE
MIN1000157-0001210881-3
DEPINMONS
CHI. SIMM11111111
024932$28 02 001 001
Words used in multiple sections of this document are defined below and other words are defined in Sections 3,
11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in
Section 16.
(A) "Security Instrument" means this document, which is dated FEBRUARY 21, 2003
together with all Riders to this document.
(B) "Borrower" is
DUANE R SCHREFFLER,
Borrower is the mortgagor under this Security Instrument.
PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH
Page 1 of 16 Inklals
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DOC ID # 00002493282858078
(C) "MFRS" is Mortgage Electronic Registration Systems, Inc. hMS is a separate corporation that is acting
solely as a nominee for Lender and Lender's successors and assigns. MFRS is the mortgagee under this
Security Instrument. N=S 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-MFRS.
(D) "Lender" is
AMERICA'S WHOLESALE LENDER
Lender is a CORPORATION
organized and existing under the laws of NEW YORK
Lender's address is
P.O. Box 660694, Dallas, TX 75266-0694
(E) "Note" means the promissory note signed by Borrower and dated FEBRUARY 21, 2003
The Note states that Borrower owes Lender
NINETY NINE THOUSAND TWO HUNDRED and 00/100 Dollars
(U.S. $ 99,200.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic
Payments and to pay the debt in full not later than MARCH 01, 2033
(F) "Property" means the property that is descrbed below under the heading "Transfer of Rights in the
Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due
under the Note, and all. sums due under this Security Instrument, plus interest.
UP "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 0 Condominium Rider ? Second Home Rider
0 Balloon Rider Planned Unit Development Rider F-1 14 Family Rider
Q VA Rider Biweekly Payment Rider ® Other(s) [specify)
LEGAL
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances
and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable
judicial opinions.
(J) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association
or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions,
transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(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; (h) condemnation or other taking of all or any part of the Property; (iii)
conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the v glue and/or
condition of the Property.
(a
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(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 the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or
any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "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.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender. (1) the repayment of the Loan, and allrenewals, 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
MFRS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of
MFRS, the following descdbed property located in the
COUNTY of CUMBERLAND
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction]
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF.
which currently has the address of
141 PLEASANT GROVE ROAD, MECHANICSBURG
[Street/City]
Pennsylvania 17050 ("Property Address");
[Zip Code]
TOGIETHER 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 MFRS holds only legal title to the interests granted by
Borrower in this Security Instrument, but, if necessary to comply with law or custom, inee for
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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 sea the Property; and to take any action required of Lender
including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims
and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
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 U.S. currency. However,
if any check or other instrument received by Lender as payment under the Note or this Security Instrument is
returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this
Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money
order; (c) certified check, 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 such
other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender
may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan
current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without
waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the
future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds.
Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower
does not do so within a reasonable period of time, Lender shall either apply such funds or return them to
Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note
immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against
Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or
performing the covenants-and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the
Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to
each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late
charges, second to any other amounts due under this Security Instrument, and then to reduce the principal
balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic. Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent paym t and the
Iniflals.
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late charge. If more than one Periodic Payment is outstanding, Lender may appltiy any payment received from
Borrower to the repayment of the Periodic Payments if, and to the am that, each payment can be paid in full.
To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic
Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to
any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under
the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a)
taxes and assessments and other items which can attain priority over this Security Instrument as a lien or
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for
any and all insurance required by Lender under Section S; and (d) Mortgage Insurance premiums, if any, or any
sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance
with the provisions of Section 10. These items are called "Escrow Items." At origination our at any time during
the term of the Loan, Lender may require that Community Association Dues, Fees, and Assessments, if any, be
escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly
furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lewder the Funds for
Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items.
Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any
such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where
payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, if
Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender
may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be
deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and
agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver,
and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Sedation 9
and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such
amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in
accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such
amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require
under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable
estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home
Loan Bank. Lender shall apply the Funds to pay the Bscrow Items no later than the time specified under
RBSPA. 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 Funds. Lender
shall give to Borrower, without charge, an annual accounting of the Funds as required by RESP
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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 Borrower as required by RESPA, and Borrower shall pay to Lender the
amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly
payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify
Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in 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 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such 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 satisfactory to Lender subordinating the lien to this
Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain
priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days
of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set
forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and any other
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower
to pay, in connection with this Loan, either. (a) a one-time charge for flood zone 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 under no obligation to purchase any particular
type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect
Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or
liability and might provide greater or lesser coverage than was previously in effect. Borrower ackqowledges
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that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that
Borrower could have obtained Any amounts disbursed by Lender under this Section 5 shall become additional
debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from
the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower
requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right
to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee
and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If
Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If
Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or
destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing,
any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to
restoration or repair of the Property, 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 or in a series of progress payments as the work is
completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such
insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds.
Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance
proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or
Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this
Security Instrument, whether or not than due, with the excess, if any, paid to Borrower. Such insurance
proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, 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
carver has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's
rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies
covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the
insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this
Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees
in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which
are beyond Borrower's control.
InI0a1A '
(Om 6A(PA) (0206) CHI. (06102) Pape 7 of 16 Form 3038 1/01
BK 1801 PG3222
DOC ID # 00002493282858078
7. Preservation, Maintenance and Protection of the Property; bapections. Borrower shall not destroy,
damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or
not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property
from deteriorating or decreasing in value due to its condition. Unless it 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 be responsible for repairing or restoring the Properly
only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the worst 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 for the completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable
cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice
at the time of or prior to such an interior inspection specifying such reasonable cause.
8, Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with material information) in connection with the Loan. Matertial representations include, but
are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal
residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a
legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations),
or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or
appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including
protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender's
actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority over this
Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest in
the Property and/or rights under this Security Instrument, including its secured position in a bankruptcy
proceeding. Securing the Property includes, 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 any duty or obligation to do so. It is agreed that
Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement
and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the.lesse. H
Borrower acquires fee tide to the Property, the leasehold and the fee title shall not merge unless Lender agrees
to the merger in writing.
Initlala
MVA(PA) (o2o6) CHL (06102) Page 6 of 16 Form 3039 1101
6K1801P63223
DOC ID # 00002493282858078
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of malting the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage Insurer that
previously provided such insurance and Borrower was required to make separately designated payments toward
the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by
Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to
pay to Lender the amount of the separately designated payments that were due when the insurance coverage
ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu
of Mortgage Insurance. Such loss reserve shall be non-rchadable, notwithstanding the fact that the Loan is
ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss
reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount
and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is
obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If
Lender 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. These agreements are on
terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these
agreements. These agreements may require the mortgage insurer to make payments using any source of funds
that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance
premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsures, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for
sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangement is often termed "captive reinsurance." Further.
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will
owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain canceDation of the Mortgage
Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any
Mortgage Insurance premiums that were unearned at the time of such cancellation or Wt.
Inlllals
(04 6A(PA) (020e) CHL (08/02) Page a of IS Form 3038 1101
BK1801P63224
DOC ID # 00002493282858078
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned
to and shall be paid to Lender. .
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such
repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has
had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a
single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made
in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is
not economically feasible or Lender's security would be lessened, the NsceDaneous Proceeds shall be applied
to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the
amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or
loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security
Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction:
(a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value
divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in
value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the
sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender
otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security
Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to
respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the
Miscellaneous Proceeds either to restoration or repair of the Property or to the sutras secured by this Security
Instrument, whether or not then due. "Opposing Party" means the third party d= owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration
has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for
damages that are attributable to the impairment of Lender's interest in the Property are hereby ned and
shall be paid to Lender.
Inltlale•
0®6A(PA) (0206) CHL (06102) Page 100f 16 Form 3039 1101
BK 180 1 PG3225
DOC ID # 00002493282858079
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in
the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment
or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower
or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors
in Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in
Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums
secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors
in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including, without
limitation, Under's acceptance of payments from third persons, entities or Successors in Interest of Borrower
or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or
remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs
this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument
only to mortgage, grant and convey the co-signer's interest in the Property under the, terms of this Security
Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument and (c) agrees
that Lender and'any other Borrower can agree to extend, modify, forbear or make any accommodations with
regard to the terms of this Security Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's
rights and benefits under this Security Instrument. Borrower shall not be rddeased 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 fees. In
regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to
Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that
are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that
the interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted
limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the
permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be
refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the Note
or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a
partial prepayment without -any prepayment charge (whether or not a prepayment charge is provided for under
the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a
waiver of any right of action Borrower might have arising out of such overcharge.
1"Malsk
QVGA(PA) (ozos) CHL (06/02) Page fl of is Form 3039 1/01
BK 1, 80 1 PG3226
DOC ID # 00002493282858078
15. Notices. All notices given by Borrower or lender in connection with this Security instrument must be
in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been
given to Borrower when mailed by first class mail or when actually delivered tD Borrower's notice address if
sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law
expressly requires otherwise. The notice address shall be the Property Address unless Borrower has designated
a substitute notice address by notice to Lender. Borrower shall promptly notify Lender of Borrower's change of
address. If Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only
report a change of address through that specified procedure. There may be only one designated notice address
under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by
mailing it by first class mad to Lender's address stated herein unless Lender has designated another address by
notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been
given to Lender until actually received by Lender. If any notice required by this Security Instrument is also
required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement
under this Security Instrument.
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed
by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations
contained in this Security Instrument are subject to any requirements and limitations of 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 wall mean and include
the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any
action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest
in the Property" means any legal or beneficial interest in the Property, including, but not limited to, those
beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transfeued (or if Borrower is not
a natural person and a beneficial interest in Borrower is sold or transfeaed) without Lancer's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within
which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these sums
prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument
without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower
shall have the right to have enforcement of this Security 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;
InitlalsM
®W 6A(PA) (0200) OHL (06/02) Page 12 of 16 Form 3039 9/01
BK1801PG3227
DOC ID # 00002493282858078
(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 interest in the Property and rights under this Security Instrument, and Borrower's obligation to pay
the sums secured by this Security Instrument, shall continue unchanged. Lender may require that Borrower pay
such reinstatement sums and expenses in one or more of the following forms, as selected by Lender. (a) cash;
(b) money order; (c) certified check, bank check, 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. Sale of Note; Change of Loan Servicear; 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 Servk&') that collects Periodic Payments due
under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the
Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan
Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given
written notice of the change which will state the name and address of the new Loan Servicer, the
address to which payments should be made and any other information RESPA requires in connection with a
notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other
than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan
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 of,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in
compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of 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 21: (a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following
substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Bnvironmental
Law" means federal laws and laws of the jurisdiction where the Property is located that relate to health, satiety
M111818-ag
(M® 6A(PA) (o2os) CHt. (06102) Pape 19 of 10 Form 3039 1101
6K 180 1 PG3228
DOC ID # 00002493282858078
or environmental protection; (c) "Environmental Cleanup" includes any response action, remedial action, or
removal action, as defined in Environmental Law; and (d) an "Environmental Condition" means a condition
that can cause, contribute to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor
allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b)
which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous
Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences
shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances that
are generally recognized to be appropriate to normal residential uses and to maintenance of the Property
(including, but not limited to, hazardous substances in consumer products).
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental
Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any
Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance
which adversely affects the value of the Property. If Borrower Iearns, or is notified by any governmental or
regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance
with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower
of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default
must be cured; and (d)'that failure to cure the default as specified may result in acceleration of the sums
secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender
shall further inform Borrower of the right to reinstate after acceleration and the right to assert 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 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.
Inhlalsk6
Z 6A(PA) (o2os) CHL (06102) Page 14 of 18 Form 3038 1101
8K 180 1 PG3229
w
DOC ID # 00002493282858078
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the bew& of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and We, and
homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour
prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under
the Note.
BY SIGMNG BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
• L 41
412S!e? (Seat)
DUANE R SCHREFFLER -Borrower
(Seal)
.Borrower
(Seal)
-Borrower
(Seal)
-Borrower
®® 6A(PA) (0206) CHL (06/02) Page la of 16 Form 3039 1101
BK1801PG3230
DOC ID # 00002493282858078
Certificate of Residence
I, , do hereby certify that
the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026.
Witness my hand this 1,211 day of 'FekoYv-o^<Y ":L -j
t
Agent of Mortgagee
COMMONWEALTH OF PENNSYLVAMA,
County ss:
On this, the ?. 5 day of before me, the
undersigned officer, personally appeared
known to me (or satisfactorily proven) to be the
person(s)-whose name(s)' is/are- subscribed to the within instrument and acknowledged that he/shA4hgy,
executed the same for the purposes herein contained. 4;
IN WITNESS WMMOF, I hereunto set my hand and official seal.
My Commission Expires:
NOTARIAL. SEAL
JODY GOL.DMNQ, Notary Public
City of Hofturp, Daphin Co., PA
My Commfssfon t:zpires Nov. 03, 2005
II Certify this, to be;recorded
i in. Cunabeflandd Qwpty, PA
-necorder• afDeads
4007 SA(PA) (0206) CHI. (06102)
Title of Officer
I Certify this to be recorded
In Cumberland County PA
` Inhlal
Form 9039 1101
Recorder of Deeds
OK,I?-OIPG3231
File No: 9591PL p
EXHIBIT 'A!
ALL THOSE CERTAIN lots of ground situate In the Township of Silver Spring, County of Cumberland and State of
Pennsylvania, bounded and described as follows, to wit:
BEGINNING at a point in the center line of Township Route No. 595, said point being referenced eastwardly a
distance of 783.16 feet from the center line intersection of Township Routes Nos. 592 and 595; thence along the
center line of Township Route No. 595 South 58 degrees 16 minutes East, 155.0 feet to a point; thence along
other land now or late of D. S. Poorman and Helen E. Poorman, his wife, South 31 degrees 44 minutes West,
186.48 feet to a stake; thence along land of the some, North 58 degrees 16 minutes West, 141.15 feet to a
stake; thence along land now or late of Edwin S. Metzger and Betty Sane Metzger, his wife, North 27 degrees 29
minutes East, 187.0-feet to a point in the center line of Township Route No. 595, the place of BEGINNING.
PARCEL NO. 2, BEGINNING at a point in the center line of Township Route No. 595, said point being referenced
eastwardly a distance of 938.16 feet from the center line Intersection of Township Routes Nos. 595 and 592;
thence along the center line of Township Route No. 595, South 58 degrees 16 minutes West, 45.0 feet to a point;
thence along the line of other lands now or late of D. S. Poorman and Helen E. Poorman, his wife, South 31
degrees 44 minutes West, 186.48 feet to a stake; thence along the line of land of the same, North 58 degrees 16
minutes West, 45.0 feet to a point; thence along land of Edwin S. Metzger, North 31 degrees 44 minutes East
186.48 feet to a point in the center line of Township Route No. 595, the place of BEGINNING.
THE within premises is improved with a single family dwelling, presently known and numbered as 141 Pleasant
Grove Road, Mechanicsburg, PA, 17050.
PARCEL NUMBER: 38-14-0850-014
BK1801PG3232
4. A Prepared by: C. EDWARDS
AMERICA'S WHOLESALE LENDER
BRANCH #945
1210 NORTHBROOK DR,#470
DATE: 02/21/2003 TREVOSE, PA 19053-
CASE #: PA (215)322-3700
DOCID #: 00002493282858078 Br Fax No.: (215)827-5650
BORROWER: DUANE R SCHREFFLER
PROPERTY ADDRESS: 141 PLEASANT GROVE ROAD
MECHANICSBURG, PA. 17050
LEGAL DESCRYPTION EXHIBIT A
'OK1801PG3233
After Recording Return To:
CO'UN'TRYWIDE HOME LOANS, INC.
MS SV-79 DOCUMENT PROCESSING
P.O. Box 10423
Van Nuys, CA 91401-0423
[Space Above 'i b Ltne For Recording Data]
FIXED/ADJUSTABLE RATE RIDER
(LIBOR Twelve Month Index - Rate Caps)
PARCEL ID #:
Prepared By:
CHERYL A. EDWARDS
00002493282802003
(Doc ID #)
cow
• ARM Fixed Period USOR Rider
10852-XX (04/01)(d)
Page 1 of 4
Inmals:aw
111111
' 2 3 9 9 1"
' 0 2 4 9 3 2 8 2 8 0 0 0 0 0 1 U 5$ 2'
IN 180 1 PG3234
G? "o ;r
DOC ID #: 00002493282802003
THIS FIXED/ADJUSTABLE RATE RIDER is made this TWENTY-FIRST day of
FEBRUARY, 2003 , and is incorporated into and shall be deemed to amend and supplement the Mortgage,
Deed of Trust, or Security Deed (the "Security instrument") of the same date given by the undersigned
("Borrower"} to secure Borrower's Fixed/Adjustable Rate Note (the "Note") to
AMERICA'S WHOLESALE LENDER
("Lender") of the same date and covering the property described in the Security Instrument and located at:
141 PLEASANT GROVE ROAD, MECHANXCSBURG, PA 17050
lPmpeny l
THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FIXED INTEREST
RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LIMITS THE AMOUNT
BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT ANY ONE
TIME AND THE MAXIMUM RATE BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the Security
Instrument, Borrower and Lender further covenant and agree as follows:
A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an initial fixed interest rate of 3.750 %. The Note also provides for a change
in the initial fixed rate to an adjustable interest rate, as follows:
4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The initial fixed interest rate I will pay will change to an adjustable interest rate on the
first day of MARCH, 2006 , and the adjustable interest rate I will pay may change
on that day every 12th month thereafter. The date on which my initial fixed interest rate changes to an
adjustable interest rate, and each date on which my adjustable interest rate could change, is called a "Change
Date."
(B) The Index
Beginning with the feat Change Date, my adjustable interest rate will be based on an Index. The "Index" is
the average of interbank offered rates for twelve month U.S. dollar-denominated deposits in the London market,
as published in The Wall Street Journal. The most recent Index figure available as of the first business day of
the month immediately preceding the month in which the Change Date occurs is called the "Current Index".
If the Index is no longer available, the Note Holder will choose a new index that is based upon comparable
information. The Note Holder will give me notice of this choice.
(C) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding
TWO & ONE-QUARTER percentage points ( 2.250 %) to the Current Index. The Note Holder
will then round the result of this addition to the nearest ono-eighth of one percentage point (0.125%). Subject to
the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change
Date.
The Note Holder will then determine the amount of the monthly payment that would be sufficient to repay
the unpaid principal that I am expected to owe at the Change Date in full on the Maturity Date at my new
interest rate in substantially equal payments. The result of this calculation will be the new amount of my
monthly payment.
CONY
" ARM Fixed Period LIBOR Rider
10652-XX (04101) Page 2 of 4 Iniaala-
BK 180 1 P63235.
'•-0
DOC ID #: 00002493282802003
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 5.750 % or
less than 2.250 %. Thereafter, my adjustable interest rate will never be increased or decreased on any
single Change Date by more than two percentage points from the rate of interest I have bccn paying for the
preceding 12 months. My interest rate will never be greater than 9.750 %.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my new
monthly payment beginning on the first monthly payment date after the Change Date until the amount of my
monthly payment changes again
(F) Notice of Changes
The Note Holder will deliver or mail to me a notice of any changes in my initial fixed interest rate to an
adjustable interest rate and of any changes in my adjustable interest rate before the effective date of any change.
The notice will include the amount of my monthly payment, any information required by law to be given to me
and also the title and telephone number of a person who will answer any question I may have regarding the
notice.
B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
1. Until Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in
Section A above, Uniform Covenant 18 of the Security Instrument shall read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not
limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales
contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date
to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without
Lender's prior written consent, Lender may require immediate payment in full of all sums secured by
this Security Instrument. However, this option shall not be exercised by Lender if such exercise is
prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice
shall provide a period of not less than 30 days from the date the notice is given in accordance with
Section 15 within which Borrower must pay all sums secured by this Security Instrument. If
Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any
remedies permitted by this Security Instrument without farther notice or demand on Borrower.
2. When Borrower's initial fixed interest rate changes to an adjustable interest rate under the terms stated in
Section A above, Uniform Covenant 18 of the Security Instrument described in Section Bl above shall then
cease to be in effect, and the provisions of Uniform Covenant 18 of the Security Instrument shall be amended to
read as follows:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18,
"Interest in the Property" means any legal or beneficial interest in the Property, including, but not
limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales
contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date
to a purchaser.
CONV
• ARM Fixed Penod LIBOR Rider
1U652-XX (04101) Page 3 of 4 Initial
BK 1801 PG3236
DOC ID #: 00002493282802003
If all or any part of the Property or any Interest in the Prpperty is sold or transferred (or if
Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without
Lender's prior written consent, Lender may require immediate payment in full of all sums secured by
this Security Instrument. However, this option shall not be exercised by Lender if such exercise is
prohibited by Applicable Law. Lender also shall not exercise this option if; (a) Borrower causes to be
submitted to Lender information required by Lender to evaluate the intended hsnsferee as if a new
loan were being made to the transferee; and (b) Lender reasonably determines that Lender's security
will not be impaired by the loan assumption and that the risk of a breach of any covenant or
agreement in this Security Instrument is acceptable to Lender.
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a condition to Lender's
consent to the loan assumption. Lender also may require the transferee to sign an assumption agreement that is
acceptable to Lender and that obligates the transferee to keep all the promises and agreements made in the Note
and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security
Instrument unless Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full, Lender shall give Borrower notice of
acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in
accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If
Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies
permitted by this Security Instrument without further notice or demand on Borrower.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Fixcd/Adjustable Rate Rider.
(Seal)
DUANE R. SCHREFFLER -Borrower
(Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
CONV
• ARM Fixed Period USOR Fader
1US52-XX (04101) Pepe 4 of 4
BK1801PG3237
G)
RLED-t-=r .Cf
OF THE MO` -:YNIOTARY
2009 APR -3 Pri 3: 33
GUM61 F' a':. uP`iY
*'78.50 PQ WTrY
sgoat
? aa?a.aa
Sheriffs Office of Cumberland County
-+1itiberf; Edward L Schorpp
R Thomas Kline ?ytn Qi C
Sheri $ 4# Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy OFFICE Or SHERIFF Civil Process Sergeant
SHE IFF'S RETURN OF SERVICE
04/06/2009 07:08 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on April 6, 200E
at 1908 hours, he served a rue copy of the within Complaint in Mortgage Foreclosure upon the within
named defendant, to wit: Duane R. Schreffler by making known unto Duane R. Schreffler, at 141 Pleasant
Grove Road, Mechanicsbu g, Cumberland County, Pennsylvania, 17050 its contents and at the same time
handing to him personally toe said true and correct copy of the same.
SHERIFF COST: $36.10
April 07, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
Dep y S er
Docket No. 2009-2108
Countrywide Hane Loans v Dua Schreffler
FILED-OFFICE
OF THE PPO3 OTARY
2009 APR - 9 Al 9. S 2
PENNSYLVANIA
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
BAC Home Loans Servicing, L.P. f/k/a Countrywide
Home Loans Servicing, L.P.
Plaintiff
V.
Duane R Schreffler
Defendant
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 09-2108 civil term
ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter
for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows:
Principal
Interest from 02/24/09 to 05/11/09
Total
$ 107,579.11
$ 836.22
$ 108,415.33
rwv,A )
TERRE CE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
AND NOW, this 04%ay of M , 2009, Judgment is entered in favor of Plaintiff, BAC
Home Loans Servicing, L.P. f/k/a Countrywide Le Loans Servicing, L.P., and against Defendant, Duane R
Schreffler, and damages are assessed in the amount of $108,415.33, plus interest and costs.
BY T PROTHONOT Y:
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
BAC Home Loans Servicing, L.P. f/k/a Countrywide
Home Loans Servicing, L.P.
Plaintiff
V.
Duane R Schreffler
Defendant
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 09-2108 civil term
AFFIDAVIT OF NON-MILITARY SERVICE
COMMONWEALTH OF PENNSYLVANIA:
COUNTY OF CUMBERLAND
SS.
The undersigned, being duly sworn according to law, deposes and says that the Defendant, Duane R
Schreffler, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions
of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Duane R
Schreffler, is over eighteen (18) years of age, and reside as follows:
Duane R Schreffler
141 Pleasant Grove Road
Mechanicsburg, Pennsylvania 17050
SWO AND SUBSCRIED
BEFO ME THIS _110 DAY
OF I RAY
NOT
cou*
C?j11?OiP , -,, 9,2010
4e Mr aswhoanor, of NlOteu
TERRENCE J. MCCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
NWF.fu.1 n ur +'tNNSYLYANIA
Norris sw
kNmypd*
GAO
1ide?haam*
11?W
dp
Nedep
? ?grnnle?lonP.?4 i9.2010
?'39 9 llon Of Notes
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
BAC Home Loans Servicing, L.P. f/k/a Countrywide
Home Loans Servicing, L.P.
Plaintiff
V.
Duane R Schreffler
Defendant
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 09-2108 civil term
CERTIFICATION
The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law,
deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be
entered against him/her within ten (10) days from the date of said letter in accordance with Rule 237.5 of the
Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A".
SWO AND SUBSC ED TERRE CE J. McCABE, ESQUIRE
BEFO ME THIS _1 h_ DAY MARC S. WEISBERG, ESQUIRE
OF MAY 009 ?Fys RD D. CONWAY, ESQUIRE
ARET GAIRO, ESQUIRE
for Plaintiff
NOT R PUBL
L +? ?F -g-MSYLVANlA
Nm:ik iw
? Aflp w 11 P1 C
My? -•. ,.19,2010
k4em?M Nf mtrt aa, aunn 0/ Notaft
. •g ovdYLVAMIA
L w4w iK4
p:
aw+?tgt ';wwp?p? W NOtaA4e
VERIFICATION
The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is
authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge,
information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S.
Section 4909 relating to unsworn falsification to authorities.
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET CAIRO, ESQUIRE
Attorneys for Plaintiff
7
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, Pennsylvania 17013
Curt Long
Prothonotary
April 27, 2009
To: Duane R Schreffler
141 Pleasant Grove Road
Mechanicsburg, Pennsylvania 17050
Countrywide Home Loans Servicing, L.P
vs.
Cumberland County l
Court of Common Pleas
Duane R Sehreffler
Number 09-2108 civil term
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
NOTIFICACION IMPORTANTE
USTED SE HNCUENTRA EN ESTADO DE REBELDIA POR NO HABER
PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA
PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR
ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBNXIONES A LOS
RECLAMOS FORMULADOS EN CONTRA SUMO. AI. NO TOMAR I.A
ACCION DEBIDA DENTRO DE DIIEZ (10) DIAS DE LA FECHA DE ESTA
NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE
COMPARECER LISTED EN CORTE U OIR PREUBA AI_GUNA, DICTAR
SENTIENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS
DERECHOSIMPORTANTES.
USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO
INMEDIATAMENTE. S) LISTED NO TIENE A UN ABOGADO, VA A O
TELEFONEA LA OFICINA E•XPUSO ABAJO. ESTA OFICINA LO PUEDE
PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN
ABOGADO.
SI USTE-D NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO,
ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DL LAS AGENCIAS QUE PUEDJiN OFRECER LOS
SERVICIOS LEGALL•S A PERSONAS ELEGIBLES EN LIN HONORARIO
REDUCIDO NI NINGON HONORARIO.
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU W)THOUTA HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, 7741S OFFICE MA Y DE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUTAGENCiES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
McCABE, WEISBERG, AND ONW , P.C.
BY:
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET CAIRO, ESQUIRE
hm
FILED-01-{ i CE
OF THE PIP".71.7','nTAN
1009 MAY 12 AM 11: 20
L- EITY
?d 4iy as )#y
?o s4 113
PJ4 aa(5-ooe
/*,y mvkj
y
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Prothonotary
To: Duane R Schreffler
141 Pleasant Grove Road
Mechanicsburg, Pennsylvania 17050
BAC Home Loans Servicing, L.P. f/k/a Countrywide
Home Loans Servicing, L.P.
Plaintiff
V.
Duane R Schreffler
Defendant
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
No. 09-2108 civil term
NOTICE
Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding
as indicated below.
AX Judgment by Default
- Money Judgment
- Judgment in Replevin
- Judgment for Possession
If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conway,
P.C. at (215) 790-1010.
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
BAC Home Loans Servicing, L.P. f/k/a
Countrywide Home Loans Servicing, L.P.
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff
V.
Number 09-2108 civil term
Duane R Schreffler
Defendant
PRAECIPE FOR SUGGESTION OF NAME CHANGE
TO THE PROTHONOTARY:
Pursuant to Rule 2352(a) Pa.R.C.P., it is hereby suggested of record that Plaintiff's name
has changed and is now known as BAC Home Loans Servicing, L.P. f/k/a Countrywide Home
Loans Servicing, L.P., and that the caption of the matter shall now be BAC Home Loans
Servicing, L.P. f/k/a Countrywide Home Loans Servicing, L.P. v. Duane R Schreffler. See
attached certificate of filing. Plaintiff's counsel continues to represent the plaintiff in
the case at bar.
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
w
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
BAC Home Loans Servicing, L.P. f/k/a
Countrywide Home Loans Servicing, L.P
Plaintiff
V.
Duane R Schreffler
Defendant
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 09-2108 civil term
CERTIFICATION OF SERVICE
The undersigned, attorney for the Plaintiff, hereby certifies that he/she served a true and
correct copy of the foregoing Praecipe for Suggestion of Name Change by United States Mail,
first class, postage prepaid, on the 11"' day of May, 2009, upon the following:
Duane R Schreffler
141 Pleasant Grove Road
Mechanicsburg, Pennsylvania 17050
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
Entity M 587020
Date Filed: 04129/2009
Pedro A. CortAs
Secretary of the Commonwealth
f,
PENNSYLVANIA DEPARTMENT OF STATE
CORPORATION BUREAU
Certificate of Amendment of Registration-Foreign
ps Pass. f seas)
Limited Partnership
Registered Limited Liability Partnership
Registered Limited Liability Company
9
Nsmc rT an 11NI Doeanest will be returned to the
CD E name and address yen enter to
tM left.
Addge»
MY COE Commonwealth of Pennsylvania
9 y S 3 <0 pAFOREIGN - LMTED PARTNERSMP ANENDMENT 3 Page(s)
Fee: S250
In at'mpliance with the requirements of 13 Pa.C.S. § 8586 (relating to amended certificate or registration), the undersigned,
desiring to change. the eirangenmo or other facts described in its application for registration as a foreign limited partnership, foreign
registered limited liability parhnership or a foreign limited liability coorpany hereby states that:
1. The name tender which the association was registered (or last registered) to do business in the Commonwealth
of Pennsylvania is:
Countrywide Home Loans Servicing LP
2. The (a) address of its initial registered office in this Commonwealth or (b) name of its comnorcial registered
office provider and the county of venue is:
(a) Number and street City state Zip County
(b) Name orOommacia) Registered Office Provider A?18dP.1 ttY
c%: CT Corporation System
3. (IjajOiaable): The address of the registered office of the association in this Conanonweeltb is hereby changed
to:
(a) Number and stmt City State Zip County
(b) Name of Commercial Registered Office Provider County
c/o:
I-AMC - I W I+2W e T 5pft" o.V-
W1110 ADD'Itn nu n- r?.•:
Docketing Statement (Changes)
DSCB:15-1348
part L Catt{pleNfor eaelr, /leg:
'BUREAU USE ONLY:
0 Revenue 0 Labor di; Industry
d Other
!rile Cab Filed Hate
Cutrant, name of entity or rtSistraat (ktnvivor or Heir entity if nttW or cortsolidaiia):
Counkywdde Home Laata Servicing LP
Entity number, if known: 587020 Ioeorporatloniqualificubn data in PA: 03113/2006
State of Inc: fiaxas Federal BIN: 95-4797107 Specified ettective date, if any. I
Par( M. C**c* proper bacr
Amendment (complete Section A) ____ Merger, Consolidation or Division (complete Section G,C or D)
_ Consolidation (complete Section C) ____ Division (complete Section D)
Conversion (complete Section A & E) ` Correction (complete Section A)
Termination (complete Soution H) Revival (complete Section O)
_ Dissolution before Commencement of Business (complete Section F)
x Section A - Check bar(es) which pertain to changes:
M Name:
Name changed to: BAC Home Lam Servicing, LP
Registered Office: Number ifs sued= number & box number City State Zip County
-._ Purpose:
- Stock (ajgreegate number of ebaro au0mriz d): Effective data:
_ Tem of Mstenca _ tither
Section B - Merger Complete Section A if arty changer to .itrrvty ft entity:
Merging Entities arc: (attach alrsat for additional nrcr*ng wditiu)
Name:
Entity f1, if known:
Effective date: InoJqual. date in PA. State of Inc.
Name: Entity N, if known:
Effeprve date: lncJqual. date in PA. State of Inc.
PAN 1 • W31AS C T sUM 02MM
DSCB:15-8585-2
4. rapplfomUk The association desires drat its registration be amended to change its name to:
DAC dome Loons Servicingi LP
S. Ifapp imUr. The ssso*don desires that its registration be amended as follows in order to reflect
arrangan a nts or other facts tint have changed.
The won of the general partner has abated to: DAC OP, LLC, loaned at 4500 Park Grenada. ColaboxW CA
91302
IN TESTIMONY WHEREOF, the wxtMgmed has cawed
this Certificate of Amendment of Registration to be signed
by a duly authorized officer. member or manager thereof
this
77 day of April 2009
Couobywide Horne Laos Servioimg LP
Name of Association
Signantrs
SAC GP, LLC, GENERAL PARTNER
BY DEVRA LINDGREN, ASSISTANT SECRETARY OF
BANK OF AMERICA, NATIONAL ASSOCIATION
ITS MANAGER
YAW-iM47Mctsy0w Oir
nr
PLEE"!-
(77 THE PI
2009 MAY 1, 2 r..? l 1: 2U
Srti
e; R n
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
BAC Home Loans Servicing, L.P. f/k/a
Countrywide Home Loans Servicing, L.P
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Plaintiff
V.
Number 09-2108 civil term
Duane R Schreffler
Defendant
PRAECIPE TO CORRECT TYPOGRAPHICAL ERROR
TO THE PROTHONOTARY:
Kindly correct the following typographical error:
Change the per diem amount in paragraph 7 of the Complaint to reflect the correct
amount of $10.86.
McCABE, WEISBER AN CO WAY, P.C.
BY:
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
OF TFF
2009 M Y 12 AM 11: 2 J
v ,,
IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA
CIVIL DIVISION
BAC Home Loans Servicing, L.P. fka Countrywide
Home Loans Servicing, L.P.
V.
Duane R Schreffler
FILE NO.: 09-2108 civil term Civil Term
AMOUNT DUE: $108,415.33
INTEREST: from 05/12/09
$2,031.48 at $17.82
ATTY'S COMM.:
COSTS:
TO THE PROTHONOTARY OF SAID COURT:
The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account
based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to
Act 7 of 1966 as amended; and for real property pursuant to Act.6'of 1974 as amended.
PRAECIPE FOR EXECUTION
Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the
following described property of the defendant(s)
_ 141 Pleasant Grove Road Mechanicsburg, Penns_ylvania 17050
(More fully described as attached)
PRAECIPE FOR ATTACHMENT EXECUTION
Issue writ of attachment to the Sheriff of CUMBERLAND ...County, for debt, interest and costs, as above,
directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies
of the description; supply four copies of lengthy personalty list)
and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s).
(Indicate) Index this writ against the gamishee(s) as a lis pendens against real estate of the defendant(s)
described in the attached exhibit.
DATE: Signature:
Print Name: MCCABE, WEISBERG AND CONWAY
Address: 123 S. Broad Street, Suite 2080
Philadelphia, PA 19109
Attorney for: Plaintiff
Telephone: (215) 790 1010
Supreme Court ID No.
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
BAC Home Loans Servicing, L.P. fka Countrywide
Home Loans Servicing, L.P.
Plaintiff
V.
Duane R Schreffler
Defendant
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO: 09-2108 civil term
AFFIDAVIT PURSUANT TO RULE 3129
The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ
of Execution was filed the following information concerning the real property located at: 141 Pleasant Grove Road,
Mechanicsburg, Pennsylvania 17050, a copy of the description of said property being attached hereto and marked
Exhibit "A."
1. Name and address of Owner or Reputed Owner
Name Address
Duane R Schreffler 141 Pleasant Grove Road
Mechanicsburg, Pennsylvania 17050
2. Name and address of Defendant in the judgment:
Name Address
Duane R Schreffler 141 Pleasant Grove Road
Mechanicsburg, Pennsylvania 17050
3. Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name Address
A +
4.
5
Plaintiff herein
Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein
Fulton Bank 6520 Carlisle Pike
Mechanicsburg, Pennsylvania 17055
Name and address of every other person who has any record lien on the property:
Name Address
6. Name and address of every other person who has any record interest in the property which may be
affected by the sale:
Name Address
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest
in the property which may be affected by the sale:
Name Address
Tenants/Occupants 141 Pleasant Grove Road
Mechanicsburg, Pennsylvania 17050
Commonwealth of Pennsylvania Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
Commonwealth of Pennsylvania 1400 Spring Garden Street
Inheritance Tax Office Philadelphia, PA 19130
Commonwealth of Pennsylvania , 6th Floor, Strawberry Square
Bureau of Individual Tax Department #280601
Inheritance Tax Division Harrisburg, PA 17128
Department of Public Welfare Willow Oak Building
TPL Casualty Unit Estate P.O. Box 8486
Recovery Program Harrisburg, PA 17105-8486
PA Department of Revenue Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Commonwealth of Pennsylvania Clearance Support Department 281230
Department of Revenue Bureau of Harrisburg, PA 17128-1230
Compliance ATTN: Sheriff's Sales
Ift
United States of America
Domestic Relations
Cumberland County
United States of America
8. Name and address of Attorney of record:
Name
Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
P.O. Box 320
Carlisle, PA 17013
c/o United States Attorney for the
Middle District of PA
235 North Washington Street
Scranton, PA 18503
and
Federal Building
228 Walnut Street
P.O. Box 11754
Harrisburg, PA 17108
Address
I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge
or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
May 19, 2009 TERRENCE J. McCABE, ESQUIRE
DATE MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
FILED-D -i- ",E
CF THE P,.? -TARY
2009 Hil ? 26 e 10: S) 6
-,.- w
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
CIVIL ACTION LAW
BAC Home Loans Servicing, L.P. fka Countrywide
Home Loans Servicing, L.P.
V.
Duane R Schreffler
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Number 09-2108 civil term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Duane R Schreffler
141 Pleasant Grove Road
Mechanicsburg, Pennsylvania 17050
Your house (real estate) at 141 Pleasant Grove Road, Mechanicsburg, Pennsylvania 17050 is scheduled
to be sold at Sheriffs Sale on September 2, 2009 at 10:00 a.m. in the Commissioner's Hearing Room located on the
2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the
courtjudgment of $108,415.33 obtained by BAC Home Loans Servicing, L.P. fka Countrywide Home Loans
Servicing, L.P. against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
The sale will be canceled if you pay to BAC Home Loans Servicing, L.P. fka Countrywide Home
Loans Servicing, L.P. the back payments, late charges, costs, and reasonable attorney's fees due.
To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire
at (215) 790-1010.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the
sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of
stopping the sale. (See the following notice on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIGHTS
- ftb
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
I . If the Sheriff s Sale is not stopped, your property will be sold to the highest bidder. You may find
out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate
compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find
out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your real estate. A schedule of
distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days
of the sale. This schedule will state who will be receiving that money. The money will be paid out
in accordance with this schedule unless exceptions (reasons why the proposed schedule of
distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the
schedule of distribution.
7. You may also have other rights and defenses, or ways of getting your real estate back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
ASSOCIATION DE LICENCIDADOS
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
LEGAL DESCRIPTION
PARCEL NO. I
ALL THOSE CERTAIN LOTS OF GROUND SITUATE IN THE TOWNSHIP OF SILVER SPRING, COUNTY
OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO
WIT:
BEGINNING AT A POINT IN THE CENTER LINE OF TOWNSHIP ROUTE NO. 595, SAID POINT BEING
REFERENCED EASTWARDLY A DISTANCE OF 783.16 FEET FROM THE CENTER LINE INTERSECTION
OF TOWNSHIP ROUTES NOS. 592 AND 595; THENCE ALONG THE CENTER LINE OF TOWNSHIP ROUTE
NO. 595 SOUTH 58 DEGREES 16 MINUTES EAST, 155.0 FEET TO A POINT; THENCE ALONG OTHER
LAND NOW OR LATE OF D. S. POORMAN AND HELEN E. POORMAN, HIS WIFE, SOUTH 31 DEGREES 44
MINUTES WEST, 186.48 FEET TO A STAKE; THENCE ALONG LAND OF THE SAME, NORTH 58
DEGREES 16 MINUTES WEST, 141.15 FEET TO A STAKE; THENCE ALONG LAND NOW OR LATE OF
EDWIN S. METZGER AND BE'I"1'Y JANE ME'1'ZGER, HIS WIFE, NOR -H. 27 DEGREES 29 MINUTES EAST,
187.0 FEET TO A POINT IN THE CENTER LINE OF TOWNSHIP ROUTE NO. 595, THE PLACE OF
BEGINNING.
PA RCF,1, NO.2
BEGINNING AT A POINT IN THE CENTER LINE OF TOWNSHIP ROUTE NO. 595, SAID POINT BEING
REFERENCED EASTWARDLY A DISTANCE OF 938.16 FEET FROM THE CENTER LINE INTERSECTION
OF TOWNSHIP ROUTES NOS. 595 AND 592; THENCE ALONG THE CENTER LINE OF TOWNSHIP ROUTE
NO. 595, SOUTH 58 DEGREES 16 MINUTES WEST, 45.0 FEET TO A POINT; THENCE ALONG THE LINE
OF OTHER LANDS NOW OR LATE OF D. S. POORMAN AND HELEN E. POORMAN, HIS WIFE, SOUTH 31
DEGREES 44 MINUTES WEST, 186.48 FEET TO A STAKE; THENCE ALONG THE LINE OF LAND OF THE
SAME, NORTH 58 DEGREES 16 MINUTES WEST, 45.0 FEET TO A POINT; THENCE ALONG LAND OF
EDWIN S. METZGER, NORTH 31 DEGREES 44 MINUTES EAST 186.48 FEET TO A POINT IN THE CENTER
LINE OF TOWNSHIP ROUTE NO. 595, THE PLACE OF BEGINNING.
Being known as:: 141 Pleasant Grove Road, Mechanicsburg, Pennsylvania 17050
BEING the same premises which RAY H. SCHREFFLER AND FERN E. SCHREFFLER, HUSBAND AND WIFE
by deed dated June 13, 2002 and recorded June 13, 2002 in the office of the Recorder in and for Cumberland County
in Deed Book 252, Page 857, granted and conveyed to Duane R Schreffler in fee.
TAX MAP PARCEL NUMBER: 38-14-0850-014
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-2108 Civil
CIVIL ACTION - LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP, f/k/a
COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s)
From DUANE R. SCHREFFLER
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION.
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $108,415.33 L.L. $.50
Interest from 5/12/09 at $17.82 - $2,031.48
Atty's Comm % Due Prothy $2.00
Atty Paid $163.10 Other Costs
Plaintiff Paid
Date: 5/26/09
Curtis R. Lo , Prothonotary
(Seal)
Deputy
REQUESTING PARTY:
Name: TERRENCE J. McCABE, ESQUIRE
Address: McCABE, WEISBERG AND CONWAY PC
123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 16496
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
BAC Home Loans Servicing, L.P. flea Countrywide
Home Loans Servicing, L.P.
Plaintiff
V.
Duane R Schreffler
Defendant
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 09-2108 civil term
AFFIDAVIT OF SERVICE
I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 9' of June, 2009,
a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set
forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A."
Copies of the letter and certificates of mailing are also attached hereto, made a part hereof and marked as
Exhibit "B."
SWORN AND SUBSCRIBED
BEFORE ME THIS 9TH DAY
OF JUNE, 2009
?.e?GL(,L?? • /rte
OTARY PUBLIC
COMMONWEAL TV4 OF pr-NNSYLV'ANIA
NOTARIAL SEAL
GLORIA D. MITCHELL, Notary Public
City omm scion ExpireshJune 2.2011
TE NCE J. McCA E, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
BAC Home Loans Servicing, L.P. fka Countrywide
Home Loans Servicing, L.P.
Plaintiff
V.
Duane R Schreffler
Defendant
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO: 09-2108 civil term
AFFIDAVIT PURSUANT TO RULE 3129
The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Pradcipe for the Writ
of Execution was filed the following information concerning the real property located at: 141 Pleasant Grove Road,
Mechanicsburg, Pennsylvania 17050, a copy of the description of said property being attached hereto and marked
Exhibit "A."
1. Name and address of Owner or Reputed Owner
Name Address
Duane R Schreffler 141 Pleasant Grove Road
Mechanicsburg, Pennsylvania 17050
2. Name and address of Defendant in the judgment:
Name Address
Duane R Schref ler 141 Pleasant Grove Road
Mechanicsburg, Pennsylvania 17050
3. Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name Address
Plaintiff herein
4. Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein
Fulton Bank 6520 Carlisle Pike
Mechanicsburg, Pennsylvania 17055
5. Name and address of every other person who has any record lien on the property:'
Name Address
6. Name and address of every other person who has any record interest in the property which may be
affected by the sale:
Name Address
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest
in the property which may be affected by the sale:
Name
Tenants/Occupants
Address
141 Pleasant Grove Road
Mechanicsburg, Pennsylvania 17050
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
PA Department of Revenue
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
1400 Spring Garden Street
Philadelphia, PA 19130
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriff's Sales
United States of America
Domestic Relations
Cumberland County
United States of America
Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
P.O. Box 320
Carlisle, PA 17013
c/o United States Attorney for the
Middle District of PA
235 North Washington Street
Scranton, PA 18503
and
Federal Building
228 Walnut Street
P.O. Box 11754
Harrisburg, PA 17108
8. Name and address of Attorney of record:
Name Address
I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge
or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
May 19.2009 TERRENCE J. McCABE, ESQUIRE
DATE MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
BAC Home Loans Servicing, L.P. flca Countrywide
Home Loans Servicing, L.P.
COURT OF COMMON PLEAS
Plaintiff
V.
Duane R Schreffler
Defendant
DATE: June 9, 2009
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
CUMBERLAND COUNTY
Number 09-2108 civil term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNERS: Duane R Schreffler
PROPERTY: 141 Pleasant Grove Road, Mechanicsburg, Pennsylvania 17050
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 2, 2009 at 10:00 a.m. in the
Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse
Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on,
and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to
protect your interests.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days
after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten
(10) days after the filing of the schedule.
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OF -9d!-: PF !C`try
2004 JUTA 12 PH 2: 14
CGI hV l y
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
':r
Ronny R Anderson , =i .. - ::~tl
Sheriff - 't'- -_ , . _
Jody S Smith '-`~ ~ ~~ ~ , W'
Chief Deputy Z~ ~ ~ ;',; t ;^ t' z i!^ • ~~ i
Edward L Schorpp
Solicitor
U ~„ _ .
BAC Home Loans Servicing, L. P.
vs.
Duane R. Schreffler
Case Number
2009-2108
SHERIFF'S RETURN OF SERVICE
06/26/2009 03:16 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 26,
2009 at 1516 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description,
in the above entitled action, upon the property of Duane R. Schreffler, located at, 141 Pleasant Grove
Road, Mechanicsburg, Cumberland County, Pennsylvania according to law.
06/26/2009 07:24 PM -Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 26,
2009 at 1924 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the
above entitled action, upon the within named defendants, to wit: Duane R. Schreffler, by making known
unto, Duane R. Schreffler, personally, at, 141 Pleasant Grove Road, Mechanicsburg, Cumberland County,
Pennsylvania its contents and at the same time handing to him personally the said true and correct copy
of the same,
08/25/2009 Property sale postponed to 12/9/2009.
12/09/2009 Real Estate Property sold to Mortgage Company for $ 1.00 on 12/9/09
01/11/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice
had been given according to law, he exposed the within described premises at public venue or outcry at
the Courthouse, Carlisle, Cumberland County, Pennsylvania on December 9, 2009 at 10:00 o'clock A.M.
He sold the same for the sum of $1.00 to Attorney Terrance McCabe, on behalf of Federal National
Mortgage Association, 1900 Market Street, # 800, Philadelphia, PA 19103,being the buyer in this
execution, paid to Ronny R. Anderson the sum of $ 1,124.26
SHERIFF COST: $1,124.26 SO ANSV6/ER~, , ~° ';
fro; ~ ~,..~-'. ,.e°~ ,~
~,-. y~,-~,.- ~.
January 11, 2010 R~~Y R ANDERSON~~k~.
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 1649E
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 3468'
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215)790-1010
BAC Home Loans Servicing, L.P. fka Countrywide
Home Loans Servicing, L.P.
Plaintiff
v.
Duane R Schreffler
Defendant
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO: 09-2108 civil term
AFFIDAVIT PURSUANT TO RULE 3129
The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ
of Execution was filed the following information concerning the real property located at:141 Pleasant Grove Road,
Mechanicsburg, Pennsylvania 17050, a copy of the description of said property being attached hereto and marked
Exhibit "A."
I. Name and address of Owner or Reputed Owner
Name Address
Duane R Schreffler 141 Pleasant Grove Road
Mechanicsburg, Pennsylvania 17050
2. Name and address of Defendant in the judgment:
Name Address
Duane R Schreffler 141 Pleasant Grove Road
Mechanicsburg, Pennsylvania 17050
3. Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name Address
t ,
t
4.
5.
6.
Plaintiff herein
Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein
Fulton Bank 6520 Carlisle Pike
Mechanicsburg, Pennsylvania 17055
Name and address of every other person who has any record lien on the property:
Name Address
Name and address of every other person who has any record interest in the property which may be
affected by the sale:
Name Address
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest
in the property which may be affected by the sale:
Name
Tenants/Occupants
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
PA Department of Revenue
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
Address
141 Pleasant Grove Road
Mechanicsburg, Pennsylvania 17050
Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
1400 Spring Garden Street
Philadelphia, PA 19130
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriff's Sales
r
United States of America
Domestic Relations
Cumberland County
United States of America
Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
P.O. Box 320
Carlisle, PA 17013
c/o United States Attorney for the
Middle District of PA
235 North Washington Street
Scranton, PA 18503
and
Federal Building
228 Walnut Street
P.O. Box 11754
Harrisburg, PA 17108
8. Name and address of Attorney of record:
Name Address
I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge
or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
~,~ ~~
May 19, 2009 TERRENCE J. McCABE, ESQUIRE
DATE MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
f
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215)790-1010
Attorneys for Plaintiff
CIVIL ACTION LAW
BAC Home Loans Servicing, L.P. fka Countrywide
Home Loans Servicing, L.P.
v.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Duane R Schreffler
Number 09-2108 civil term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Duane R Schreffler
141 Pleasant Grove Road
Mechanicsburg, Pennsylvania 17050
Your house (real estate) at 141 Pleasant Grove Road, Mechanicsburg, Pennsylvania 17050 is scheduled
to be sold at Sheriffs Sale on September 2, 2009 at 10:00 a.m. in the Commissioner's Hearing Room located on the
2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the
court judgment of $108,415.33 obtained by BAC Home Loans Servicing, L.P. fka Countrywide Home Loans
Servicing, L.P. against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
The sale will be canceled if you pay to BAC Home Loans Servicing, L.P. fka Countrywide Home
Loans Servicing, L.P. the back payments, late charges, costs, and reasonable attorney's fees due.
To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire
at (215) 790-1010.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the
sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of
stopping the sale. (See the following notice on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
I . If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find
out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate
compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find
out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your real estate. A schedule of
distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days
of the sale. This schedule will state who will be receiving that money. The money will be paid out
in accordance with this schedule unless exceptions (reasons why the proposed schedule of
distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the
schedule of distribution.
7. You may also have other rights and defenses, or ways of getting your real estate back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
ASSOCIATION DE LICENCIDADOS
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800)990-9108
LEGAL DESCRIPTION
PARCEL NO. 1
ALL THOSE CERTAIN LOTS OF GROUND SITUATE IN THE TOWNSHIP OF SILVER SPRING, COUNTY
OF CUMBERLAND AND STATE OF PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS, TO
WIT:
BEGINNING AT A POINT IN THE CENTER LINE OF TOWNSHIP ROUTE NO. 595, SAID POINT BEING
REFERENCED EASTWARDLY A DISTANCE OF 783.16 FEET FROM THE CENTER LINE INTERSECTION
OF TOWNSHIP ROUTES NOS. 592 AND 595; THENCE ALONG THE CENTER LINE OF TOWNSHIP ROUTE
NO. 595 SOUTH 58 DEGREES 16 MINUTES EAST, 155.0 FEET TO A POINT; THENCE ALONG OTHER
LAND NOW OR LATE OF D. S. POORMAN AND HELEN E. POORMAN, HIS WIFE, SOUTH 31 DEGREES 44
MINUTES WEST, 186.48 FEET TO A STAKE; THENCE ALONG LAND OF THE SAME, NORTH 58
DEGREES 16 MINUTES WEST, 141.15 FEET TO A STAKE; THENCE ALONG LAND NOW OR LATE OF
EDWIN S. ME'I'GGER AND BE'1"1'Y JAN1/ ME'ILGI;R, H1S W1I~'E, NOR'I'H'L7 UIJGREI/S 29 MINUTES 1/AS'1',
187.0 FEET TO A POINT IN THE CENTER LINE OF TOWNSHIP ROUTE NO. 595, THE PLACE OF
BEGINNING.
PARCF,L NO. 2
BEGINNING AT A POINT IN THE CENTER LINE OF TOWNSHIP ROUTE NO. 595, SAID POINT BEING
REFERENCED EASTWARDLY A DISTANCE OF 938.16 FEET FROM THE CENTER LINE INTERSECTION
OF TOWNSHIP ROUTES NOS. 595 AND 592; THENCE ALONG THE CENTER LINE OF TOWNSHIP ROUTE
NO. 595, SOUTH 58 DEGREES 16 MINUTES WEST, 45.0 FEET TO A POINT; THENCE ALONG THE LINE
OF OTHER LANDS NOW OR LATE OF D. S. POORMAN AND HELEN E. POORMAN, HIS WIFE, SOUTH 31
DEGREES 44 MINUTES WEST, 186.48 FEET TO A STAKE; THENCE ALONG THE LINE OF LAND OF THE
SAME, NORTH 58 DEGREES 16 MINUTES WEST, 45.0 FEET TO A POINT; THENCE ALONG LAND OF
EDWIN S. METZGER, NORTH 31 DEGREES 44 MINUTES EAST 186.48 FEET TO A POINT IN THE CENTER
LINE OF TOWNSHIP ROUTE NO. 595, THE PLACE OF BEGINNING.
Being known as:: 141 Pleasant Grove Road, Mechanicsburg, Pennsylvania 17050
BEING the same premises which RAY H. SCHREFFLER AND FERN E. SCHREFFLER, HUSBAND AND WIFE
by deed dated June 13, 2002 and recorded June 13, 2002 in the office of the Recorder in and for Cumberland County
in Deed Book 252, Page 857, granted and conveyed to Duane R Schreffler in fee.
TAX MAP PARCEL NUMBER: 38-14-0850-014
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA)
COUNTY OF CUMBERLAND)
NO 09-2108 Civil
CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP, f/k/a
COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s)
From DUANE R. SCHREFFLER
(I) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $108,415.33
L.L. $.50
Interest from 5/12/09 at $17.82 -- $2,031.48
Atty's Comm
Atty Paid $163.10
Plaintiff Paid
Date: 5/26/09
(Seal)
REQUESTING PARTY:
Due Prothy $2.00
Other Costs
1~
Curtis R. Long, Prothonotarv
Deputy
Name: TERRENCE J. McCABE, ESQUIRE
Address: McCABE, WEISBERG AND CONWAY PC
123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone : 215-790-1010
Supreme Court ID No. 16496
Real Estate Sale #
On May 28, 2009 the Sheriff levied upon the
defendant's interest in the real property situated in
Silver Spring Township, Cumberland County, PA
Known and numbered as, 141 Pleasant Grove Road,
Mechanicsburg, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: May 28, 2009
By:
C~!~~~~~~~=~
Rea Estate Coordinator
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. T~,he Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
~e~latriot News
Now you know
CARLISLE PA 17013
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
07/24/09
07/31/09
08/07/09
.. ~~~2~~~f/ -
l . G~t~?' .. , .......... .
Sworn to and s~ cribed before met is 14 ay A~ust, 2009 A. D.
'/
Notary Public `_-
',~?~~~_:.iI~W__k_:Fvt t~ii r~~ PENNSYLVANIA
Notarial Seal
Sf L Kisner, Notary Public
COY Of Harrisburg; Dauphin County
MY Commission E~ires Nov, 26, 2011
Member. P~nnsylvarle Rssr,.fa!icn of flotarlea
~_
Ssle No. 79
WrR No. 2009-2108 Clvll Term
BAC Horns Loans Servlcln~, L.p
F/K/A Countrywltis Horns Loans
3ervicing, L,P.
vs.
Duane R. Schreffler
Atty: Terrance McCabe
LEGAL DESCRIPTION
PARCEL N0. I ALL TH05E CERTAIN LOTS
OF GROUND SITUATE IN THE TOWNSHIP
OF SILVER SPRING, COUNTY OF
CUMBERLAND AND STATE . OF
PENNSYLVANIA, BOUNDED AND
DESCRIBED AS FOLLOWS, TO W1T:
'BEGINNING AT A POINT IN THE CENTER
LIIVE OF TOWNSHIP ROUTE N0.595, SAID
POINT BEING REFERENCED
EASTWARDLY A DISTANCE OF 783.16
FEET FROM THE CENTER LINE
INTERSECTION OP TOWNSHD? ROUTES
NOS. 592 AND 595; THENCE ALONG THE
CENTER LINE OF TOWNSHIP ROUTE N0.
595 SOUTH 58. DEGREES 16 MINUTES
EAST, 155.0 FEET TO A POINT; THENCE
ALONG OTHER LAND NOW OR LATE OF
D. S. DOORMAN AND HELEN E.
DOORMAN, HIS' WIFE, SOUTH 31
DEGREES 44 MINUTES WEST, 186.48 FEET
TO A STAKE; .THENCE ALONG LAND OF
THE SAME, NORTH 58 DEGREES 16
IvhNtl'I'ES WEST, 141.15 FEET TOA STAKE;
THENCE ALONG LAND NOW OR LATE OF
EDWIN S. METZGER AND BETTY JANE
METZ.GER, HI5 WIFE, NORTH 27 DEGREES
29 MINUTES EAST, 187.0 PEST TO A POINT
IN THE CENTER LINE OF TOWNSHIP'
ROUTE N0. 595, THE PLACE OF
BEGINNING. PARCEL N0.2 BEGINNIlVG
AT A POINT IN THE CENTER LINE OF
TOWNSHIP ROUTE N0. 595, SAID POINT
BEING ,REFERENCED EASTWARDLY A
DISTANCE OF 938.16 FEET FROM THE
CENTER LINE INTERSECTION OF
TOWNSHIP ROUTES NOS. 595 AND 592;
THENCE ALONG THE CENTER LIIVE OF
TOWNSHIP ROUTE N0: 595, SOUTH 58
DEGREES 16 MINUTES WEST, 45.0 FEET
TO A POINT; THENCE ALONG THE LINE
OF OTHER LANDS NOW OR LATE ORD. S.
DOORMAN AND HELEN E. DOORMAN, HIS
WIFE, SOUTH 31 DEGREES 44 MINUTES
WEST, 186.48 FEET TO A STAKE; THENCE
16 MINUTES WEST, 45.0 FEET TO A POINT;
THENCE ALONG LAND OF EDWIN S.
METZGER, NORTH 31 DEGREES 44
MINUTES EAST 186.48 FEET TO A POINT
IN THE CENTER LINE OF TOWNSHIP
ROUTE ~NO. 595, THE PLACE OF
BEGINNING. Being known as:: 141 Pleasant
Grove Road, Mechanicsburg, Pennsylvania
17050 BEING the same premises which RAY H.
SCHREFFLER AND FERN E. SCHREPFLER,
HUSBAND AND WIFE by deed dated June 13,
2002 affi recorded June 13, 2002 in the office of
tfie Recorder in and for Cumberland County in
Deed, Book 252, Page 857, granted and
conveyed to Doane R Schreffier in fee. TAX
MAP PARCEL NUMBER; 38-14-0850-014
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
July 24, July 31 and August 7, 2009
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
~-
isa Marie Coyn ,Editor
SWORN TO AND SUBSCRIBED before me this
7 da of Au ust 2009
Notary
NOTARIAL SEAL
DE80RAH A COLLINS
Notary Public
CARLISLE 8080, CUMBERLAND COUNiY
My Commission Expires Apr 28, 2010
REAL ESTATE SALE NO. 79
Writ No. 2009-2108 Civil
BAC Home Loans Servicing,
L. P. f/k/a Countrywide
Home Loans Servicing, L. P.
vs.
Duane R. Schreffler
Atty.: Terrance McCabe
LEGAL DESCRIPTION
PARCEL NO. 1
ALL THOSE CERTAIN lots of
ground situate in the Township of
Silver Spring, County of Cumberland
and State of Pennsylvania, bounded
and described as follows, to wit:
Beginning at a point in the center
line of Township Route No. 595, said
point being referenced eastwardly
a distance of 783.16 feet from the
center line intersection of Township
Routes Nos. 592 and 595; Thence
along the center line of Township
Route No. 595 South 58 degrees 16
minutes East, 155.0 feet to a point;
Thence along other land now or late
of D. S. Poorman and Helen E. Poor-
man, his wife, South 31 degrees 44
minutes West, 186.48 feet to a stake;
Thence along land of the same, North
58 degrees 16 minutes West, 141.15
feet toa stake; Thence along land
now or late of Edwin S. Metzger and
Betty Jane Metzger, his wife, North
27 degrees 29 minutes East, 187.0
feet to a point in the center line of
Township Route No. 595, the place
of BEGINNING.
PARCEL NO. 2
BEGINNING at a point in the
center line of Township Route No.
595, said point being referenced
eastwardl_y a distance of 938.16 feet
from the center line intersection of
Township Routes Nos. 595 and 592;
Thence along the center line of Town-
ship Route No. 595, South 58 degrees
16 minutes West, 45.0 feet to a point;
Thence along the line of other lands
now or late of D. S. Poorman and
Helen E. Poorman, his wife, South
31 degrees 44 minutes West, 186.48
feet to a stake; Thence 16 minutes
West, 45.0 feet to a point; Thence
along land of Edwin S. Metzger, North
31 degrees 44 minutes East 186.48
feet to a point in the center line of
Township Route No. 595, the place
of Beginning.
BEING known as: 141 Pleasant
Grove Road, Mechanicsburg, Penn-
sylvania 17050.
BEING the same premises which
RAY H. SCHREF'F'L>?;R AND FERN E.
SCHREFFLER, HUSBAND AND WIFE
by deed dated June 13, 2002 and re-
corded June 13, 2002 in the office of
the Recorder in and for Cumberland
County in Deed Book 252, Page 857,
granted and conveyed to Duane R
Schreffler in fee.
TAX MAP PARCEL NUMBER: 38-
14-0850-014.
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
} SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff s Deed in which FEDERAL NATIONAL MTG ASSOC is the grantee the same having been
sold to said grantee on the 9TH day of DEC A.D., 2009, under and by virtue of a writ Execution issued
on the 26TH day of MAY, A.D., 2009, out of the Court of Common Pleas of said County as of Civil
Term, 2009 Number 2108, at the suit of BAC HOME LOANS SERVICING L P against DUANE R
SCHREFFLER is duly recorded as Instrument Number 201001607.
IN TESTIMONY WHEREOF, I have hereunto set my hand
an eal of said office this 6,2 (~ day of
A.D. ~~~
~ ~ ~ ~~
of Deeds