HomeMy WebLinkAbout09-3289McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
"ARC 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
The Bank of New York Mellon as Successor
Trustee Under Novastar Mortgage Funding
Trust Series 2003-2
4708 Mercantile Drive North
Fort Worth, Texas 76137
V.
Christopher M. Neal
295 Smith Road
Shippensburg, Pennsylvania 17257
Michelle M. Neal
295 Smith Road
Shippensburg, Pennsylvania 17257
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number Oq - 36185 1.,;-, 47e'm
CIVIL ACTION/MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you
must take action within twenty (20) days after this
complaint and notice are served, by entering a written
appearance personally or by attorney and filing in
writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a
judgment may be entered against you by the court
without further notice for any money claimed in the
complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO
YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A
LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR
NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
AVISO
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas ex-puestas en las paginas
siguientes, usted tiene veinte (20) dias de plazo al partir
de la fecha de la demanda y la notificacion. Hace falta
asentar una comparencia escrita o en persona o con un
abogado y entregar a la corte en forma escrita sus
defensas o sus objeciones a las demandas en contra de
su persona. Sea avisado que si usted no se defiende, la
corte tomara medidas y puede continuar la demanda en
contra suya sin previo aviso o notificacion. Ademas, la
corte puede decidir a favor del demandante y requiere
que usted cumpla con todas las 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
1. Plaintiff is The Bank of New York Mellon as Successor Trustee Under Novastar Mortgage
Funding Trust Series 2003-2, a corporation duly organized and doing business at the above captioned
address.
2. The Defendant is Christopher M. Neal, who is the mortgagor and real owner of the
mortgaged property hereinafter described, and his/her last-known address is 295 Smith Road, Shippensburg,
Pennsylvania 17257.
3. The Defendant is Michelle M. Neal, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is 295 Smith Road, Shippensburg,
Pennsylvania 17257.
4. On May 28, 2003, mortgagors made, executed and delivered a mortgage upon the premises
hereinafter described to MERS, Inc. as Nominee for Novastar Mortgage, Inc. which mortgage is recorded
in the Office of the Recorder of Cumberland County in Mortgage Book 1814, Page 2899.
5. The aforesaid mortgage was thereafter assigned by MERS, Inc. as Nominee for Novastar
Mortgage, Inc. to The Bank of New York Mellon as Successor Trustee Under Novastar Mortgage Funding
Trust Series 2003-2, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder
of Cumberland County.
6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A"
and is known as 295 Smith Road, Shippensburg, Pennsylvania 17257.
7. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due November 1, 2007 and each month thereafter are due and unpaid, and by the terms of said
mortgage, upon default in such payments for a period of one month, the entire principal balance and all
interest due thereon are collectible forthwith.
8. The following amounts are due on the mortgage:
Principal Balance $ 97,159.08
Interest through May 12, 2009 $ 12,541.12
(Plus $21.30 per diem thereafter)
Attorney's Fee $ 1,250.00
Late Charges $ 661.86
Corporate Advance $ 4,935.56
Escrow Advance $ 7,039.85
GRAND TOTAL $ 123,587.47
9. 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 $123,587.47,
together with interest at the rate of $21.30 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgaged property.
McCABE, WEISBERG AND CONWAY,P.C.
BY: I /4m- Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET CAIRO, ESQUIRE
VERIFICATION
The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the
within action, and that he/she is authorized to make this verification and that the foregoing facts based on
the information from the Plaintiff, who is not available to sign this, are true and correct to the best of
his/her knowledge, information and belief and further states that false statements herein are made subject
to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities.
McCABE, WEISBERG AND CONWAY,P.C.
BY: t ?t&t
Attorneys or Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
After Recording Return To:
NOVASTAR MOR%GM(Z, INC.
ATTNs COLLATERAL CONTROL
6150 OAK TREE BLVD. 3RD FLOOR
CLEVELAND, OH 44131
Title Order No.: K38312!
Escrow No.s X383125
LOAN #s 03-216521
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[Spec. Above This tine For Racordin8 Data]
MORTGAGE
MIN 100080100032165218
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in
Sections 3, 11, 13, 18, 26 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 MAY 28, 2003,
together with all Riders to this document.
(B) "Borrower" Is CHRISTOPHER N NEAL AND MICHELLE N NEAL,.
Borrower ls'the mortgagor under this Security Instrument.
(C) "MFRS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is
acting solely as a nominee for Lender and Lender's successors and assigns. MERS lathe mortgagee
under this Security Instrument. MERS is organized and existing under the laws of Delaware, and has
an address and telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(D) "Lender" is NovASTAR MoRTG w, iNC.
Initials: A3 r111'?111)
PENNSYLVANIA -Single Family-Fannie, 1?adFrad no UNIFORM 1NSTRUINENT Form 3099 1101
®1099-2000 On Irit?. ¦ age 1 of 16 PABDEED PAEDEDL 0211
1117- 05-28-2003 7227
BX 1814OMB99
LOAN #s 03-216521
Lander is a cORPORATion organized and existing under the
laws of THE STATE OF ViRGiniA. Lender's address is
6150 OAK TREE BLVD. 3RD FLOOR, CLEVELAND, OR 44131.
(E7 "Nola" means the promissory note signed by Borrower and dated mAY 28, 2003.
The Note states that Borrower owes lender **********ONE WWRRD TROUSAND Am 901100
,rr.,t*,r****+?***«**k r****************#***,r*,?**** bars (U.S. $100,000.00 )
plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt
in full not later than JUNE 1, 2033.
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(0) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late
charges due under the Note, and all sums due under this Security Instrument, plus interest.
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
® Adjustable Rate Rider =Condominium Rider =Second Home Rider
D Balloon Rider = Planned Unit Development Rider Eal Other(s) [specify]
O 1-4 Family Rider =Biweekly Payment Rider ADDENDUM TO ARM RIDER;
PREPAYMENT RIDER
(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 Assoclatlon 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) 'Vectronie FundsTranster"means anytransferoffunds, otherthan atransac1ion originated bycheck,
drab, or similar paper Instrument, which is initiated through an electrcxlic terminal, telephonic instrument,
computer, or magnetic tape so as to order, instruct, or authorize a tlnandW institution to debit or credit an
account Such term includes, but is not Ilmited to, point-4-sale transfers, automated tailor 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) "Mlscellaneous Proceeds" means any compensation, settlement, award of damages, or pro-
ceeds 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; (i) condemnation or other taking of all or
any part of the Property; (iii) conveyance in lieu of condemnation; or (v)' misrepresentations of, or
omissions as to, the value and/or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting lender against the nonpayment of, or default
on, the loan.
(O) "Periodic PayrrrenC means the regularly scheduled amount due for 0 principal and interest under
the. Note, plus (ii) any amounts under Section 3 of this Security Instrument
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its
Implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amendedfrom time to
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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 ban" even if the Loan does not qualify as a "federally related
mortgage loan" under RESPA.
(4) "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. (Q the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and {it) the performance of Borrower's covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and
assigns of MERS the tofiowing described property located in the
[Type of Recording Jurbdktion] of ' COUNTY [Name of Recording Jurisdiction]:
CUMBERUND
THE LAND REFERRED TO IN THIS COMITMEN IS SITUATED IV CUMBERLIUW
COUNTY,'PEXXSYLVABIA AND DESCRIBED AS FOLLOWS: 295 SMITH ROAD PE311
TOWNSHIP, CUMBZRLAND COUNTY, STATE OF PENNSYLVANIA.
AP #a 31-11-0300-022B
which currently has the address of 295 SMITH ROAD, SHIPPBNSSURG,
Pennsylvania 17257 ("Property Addressl:
ITp Code]
[mil (cihr)
TOGETHER 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 "ftperty." Borrower understands and agrees that MERS holds only legal
title tothe Interests granted by Borrower in this Security Instrument, but, if necessary to comply with law
or custom, MERS (as nominee for Lender and Lender's successors and assigns) has the right: to
exercise any or all of time Interests, including, but not limited to, the right to foreclose and sell the
Property; and to take any action required of Lender including, but not limited to, releasing and canceling-
this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has
the.dght to mortgage, grant and convey the Property and that the Property is unencumbered, except
for encumbrances of record. Borrowerwarrants and will defend generallythe title to the Property against
all claims and demands, subject to, any encumbrances of record. qq ..----
Initials: l.A) rrNW1
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PENNSYLVANIA-Single Family-Fannie Mae/Freddie Mao UNIFORM INSTRUMENT Form salS 1101
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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 parlial payments
are insufficient to bring the Loan current. Lender may accept any payment or partial
payment insufitdent 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
unappiled 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 pdWpal balance under
the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the
future against Lender shall relieve Borrower from making payments due under the Note and
this Security Instrument or performing the covenants and agreements secured by this Security
Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all
payments accepted and applied by Lender shall be applied In the following order of priority: (a) interest
due under the Note; (b) principal due under the Note; (c) amounts due under Section 3, Such payments
shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts
shall be applied first to late charges, second to any other amounts due under this Security Instrument,
and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment
and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment
received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each
payment can be paid in full. To the extent that any excess exists after the payment is applied to the 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
Nate. ?N m &)
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Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due
under the Note shag 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 5;-and (d) Mortgage
Insurance premiums, if any, or any sums payable by Borrower to Lender In Neu of the payment of
Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called
"Escrow Items." At origination or at any time during the term of the Loan, Lender may require that
Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such
dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all
notices of amounts to be paid underthis Section. Bo'rowershall pay Lenderthe Fundsfor Escrow Items
unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow items. Lander may
waive Borrower's obligation to pay to Lender Funds for any or all Escrow hems 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 dueforany Escrow itemsforwhich paymentof Funds has been waived by Lender
and, if Lender requires, shall fumish to Lender receipts evidencing such payment within such time
period as Lender may require. Borrower's obligation to make such payments and to provide receipts
shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument,
as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow
Items directly, pursuanttoawaiver, and Borrowerfails to pay theamountdueforan Escrow Item, Lender
may exercise: its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all
Escrow Items at any time by a notice given In accordance with Section 15 and, upon such revocation,
Borrower shall pay to gender all Funds, and in such amounts, that are then required under this Section
3.
Lender may, at anytime, collect and hold Funds in an amount (a) suMoientto permit Lander 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 shag be held in an institution whose deposits are Insured by a federal agency,
instrumentality, or entity (including Lander, if Lender is an institution whose deposits are so Insured) or
In any Federal Home Loan Bank, Lender shall apply the Funds to pay the Escrow Items no later than
the time specified under RESPA. Lander shall not charge Borrower far holding and applying the Funds,
annually analyzing the escrow account, or verifying the Escrow Items, unless gender 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 interestshal be paid on the Funds. Lender shall give to Borrower, without charge,
an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lander shall account to
Sonvwerfor the excess funds In accordance with RESPA. If there is a shortage of Funds h in espr w,
initials: M Al MAid
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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; U*ns. Borrower shall pay all taxes, assessments, charges, fines, and impositions
attributable to the Property which can attain priorityover 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 under, but only so tang 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 ken an agreement
satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any "
part of the Property is subjectto a lien which can attain priority over this Security Instrument, Lender may
give Borrower a notice idenNyIng 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 areal estate tax verification and/or
reporting service used by Lender In connection with this Loan.
. S. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected
on the 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 occurwhich 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. resuldrig 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, againstany risk,
hazard or liability and might provide greater or lesser coverage than was previously in effecL Borrower
acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost
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of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section
5 shag 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 shag be payable, with such interest,
upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shag be subject to Lender's
right to disapprove such policies, shag 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 poky shag 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 d 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 repalrof the Property, if the restoration or repair is sconomioallyfeas ible
and Lender's security is not lessened. During such repair and restoration period, Lander shag have the
right to hold such insurance proceeds until Lander 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 forthe 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
orAppkable Law requires Interestto be paid on such Insurance proceeds, Lendershall 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 economicallyfeasible or Lender's security would
be lessened, the insurance proceeds shag be applied to the sums secured by this Security Instrument,
whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be
applied in the order provided for in Section 2.
If Borrower abandons the Property, Lefider may file, negotiate and settle any available insurance
claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that
the insurance carrier has offered- to settle a claim, then Lender may negotiate and seft the claim. The
30-day period will begin when the notice is given. In either event, or if Lenderacquires 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 eitherto repair
or restore the Property or to pay amounts unpaid under the Note orthis Security instrument, whether
or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal
residence within 60 days after the execution of this Security Instrument and shall continue to occupy
the Property as Borrower's principal residence for at least one year after the date of occupancy, unless
Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless
extenuating circumstances exist which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shag not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the
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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 responsiblefor repairing or restoring the Property only if Lender has released proceeds for such
purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a
series of progress payments as the work is completed. If the insurance or condemnation proceeds are
not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the
completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspection 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 InIbimadon or statements to
Lender (or failed to provide Lender with material information) in connection with the Loan. Material
representations include, but are not limited to, representations concerning Borrower's occupancy of the
Property as Borrower's principal residence.
9. Protection of Lender's interest in the Property and Rights Under this Security Instrument.
If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b)
there is a legal proceeding that might significantly affect Lender's 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 Pon 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 alien 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 an 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 tD do so. It is agreed that Lender incurs no
liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower
secured by this Security instrument. These amounts shall bear Interest at the Note rate from the date
of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower
requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the
lease. Borrower shall not surrender the leasehold estate and interests herein conveyed or terminate or
cancel the ground lease. Borrower shall not, without the egress written consent of bender, alter or
amend the ground lease. If Borrower acquires fee title to the Property, the leasehold and the fee title
shall not merge unless Lender agrees to the merger in writing.
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10. Mortgage Insurance. If lender required Mortgage insurance as a condition of making the
Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any
reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage
insurer that previously provided such insurance and Borrower was required to make separately
designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums
required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at
a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect,
from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance
coverage is not available, Borrower shall continue to pay to Lender the amount of the separately
designated payments that were due when the insurance coverage ceased to be in effect. Lender will
accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance.
Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid In
full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve.
Lender can no longer require loss reserve payments if'Mortgage Insurance ooverage {in the amount and
forthe period that Lender requiree) provided by an insurer selected by Lenderagain becomes available,
is obtained, and Lendt requires separately designated payments toward the premiums for Mortgage
Insurance. -If Lender required Mortgage.insurance as a condition of making the Loan and Borrowerwas
required to make separately designated payments toward the premiums for Mortgage Insurance,
Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, orto 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 Borro wrer's obligation to pay interest
at the rate provided in the Note.
Mortgage Insurance reimburses Lender (orany entity that purchases the Note) for certain lasses 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 thatare satisfactoryto the mortgage insurerand 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 reinsurer,
any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that
derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance,
in exchangefor 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 hies agreed to pay for
Mortgage insurance, or any other terms of the Loan. Stich agreements will not Increase the
amount Borrower will owe for Mortgage Insurance, and they will not endde Borrower to any
rotund.
(b) Any such agreements will not affect the rights Borrower has - If any - with respect to the
Mortgage Insurance underthe Homeowners Protection Act of 1998 or any other law. 't'hese rights
may Include the right to recolve certain disclosures, to request and obtain cancellation of the
Mortgage Insurance, to have the Mortgage Insurance terminated automatically, andJ to receive
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a refund of any Mortgage Insurance premiums thatwere unearned at the time ofsuch cancellation
or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lander.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair
of the Property, 'If the restoration or repair is economicallyfeasible 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 Miscellaneous Proceeds shall be applied to the sums secured
by this Security Instrument, whether or not then due, with the excess, H any, paid to Borrower. Such
Miscellaneous Proceeds shall be aepkid in the order provided for in Section 2.
In the eventof atotaltaking, destruction, or loss in valueof the Property, the Miscellaneous Proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the
excess, N any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fairmarket
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, orloss In value divided by (b) the fair marketvalue othe 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 Lenderto Borrowerthatthe Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages; Borrower
falls to respond to Lender within 30 days afterthe date the notice is given, Lender is authorized to collect
and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums
secured by this Security Instrument, whether or not then due. "Opposing Party*. means the third party
that owes Borrower Miscellaneous Proceeds or the party against whom Borrower has a right of action
in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's.
interest in the Property or rights under this Security Instrument. Borrower can cure such a default and,
if acceleration has occurred, reinstate as provided in Section 19, by causing the action or proceeding
to be dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other
material impainment of Lender's interest in the Property or rights under this Security Ins ument. The
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proceeds of any award or claim for damages that are attributable-to the impairment of Lender's interest
in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be
applied in the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Wah?er. 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 Instrurent by reason of
any demand made by the original Borroweror any Successors in Interestof Borrower. Anyforbearance
by Lender in exercising any right or remedy including, without limitation, Lender's acceptance
of payments from third persons, entities or Successor: in Interest of Borrower or in amounts less
than.the amount then due, shall not be a waiver of or preclude the exerciie of any right or.
remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Hound. Borrower cov-
enants and agrees that Borrower's obligations and liability shall be joint and several. However, any
Borrowerwho 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. Jervis 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 con agAe 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'Interestsif Borrower who assumes
Borrower's obligations underthis Security Instrument in writing, and is approved by Lender, shall obtain
all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be released from
Borrower's obligations and liability underthis Security Instrument unless Lenderagrees 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 defauk, for the-purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but notlimited 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 ban charges, and that law is finally interpreted
so thatthe interest or other loan charges collected orto be collected in connection with the Loan exceed
the permitted limits, then: (a) any such loan charge shall be reduced by the amountnecessary 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 underthe Note). Borrowers 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.
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15. Notices. All notices given by Borrower or lender in connection with this Security Instrument
must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed
to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's
notice address ifsentby other means. Notice to anyone Borrower shall constitute noticeto 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 maybe only one designated notice address under this Security Instrument
at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail
to Lender's address stated herein unless Lender has designated another address by noticeto 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; Severaibility; 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 provislons 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 aqd include
corresponding neuter words or words of the feminine gender; (b) words In the singular shall mean and
include the plural and vice versa; and (c) the word. "may" gives sole discretlon Without any obligation
to take any action.
17.. Borrower's copy. Borrower shall be given one copyof the Note and ofthis Sec rky Instrument.
18. Transfer of the Property or a Beneficial Interest In Borrower. As used in thls Section 18,
"Interestin 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, contractfor deed, Installment sales contract
or escrow agreement, theintentofwhich is the transfer of title by Borrower atafuturedateto apurchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or ti 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 acoordance'with Section
15 within which Borrower must pay all sums secured by this Security Instrument If Borrowerfails 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 shaft 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 `
Irai?ialiar ?./?kN MAIN
X4113 #: 03-216521
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.
Borrowershall not do, norallow 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 ofa Hazardous Substance, creates a condition thatadverselyafects 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 Lenderwritten notice of (a) any investigation, claim, demand, lawsuit
or other action by any governmental or regulatory agency or private party invoMng 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 teams, 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 heroin 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 btaach of any covenant or agreement in this Security Instrunwnt (but not
prior to acceleration under Section 18 unless.Appiicsble Law provides otherwise). tender shall
notify Borrower of, among otter things: a) the default; (b) the action required to cure the default;
(c) when this default mud 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 proceed-
ing 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 Us option may require Immediate payment In full of all suns secured by this
Security Instrument without further demand and may torooloea this Security Instrument by
Judicial proceeding. Lender shall be entitled to collect all expenses Incurred In pursuing the
remedies provklsd In this Section 22, Including, but not Hmfted 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. Asher such occurrence, Lender
shall discharge and.satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender
may charge Borrowerafeefor releasing this Security Instrument, butonly i #w%o is paid toa third party
for services rendered and the charging of the fae.is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error
or defects in proceedings to enforce this Security. Instrument and hereby waives the benefit of any
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present or future laws providing for stay of execution, extension of time, exemption from attachment,
levy and sale, and homestead exemption.
25. Reiro atrnrentPeriod. Borrower'stimetoreinstate provided in Section 19shall exiendtoonehour
prior to the commencement of bidding at a sherifro sale or othersale pursuantto this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is tent to
Borrower to acquire titre to the Property, this Security instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment Borrower agrees that the Interest rate payable alter a judgment
is entered on the Note or in an action of mortgage foreclosure shall be the rate payablefrom time to time
under the Note.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
(seal)
CHRISTOP R K NEAL
-'7 (Seal)
14rgML7A N NEAL
0
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LEGAL DESCRIPTION
•
ALL THAT CERTAIN lot of ground situate in Penn Township, Cumberland County,
Pennsylvania, together with improvements erected thereon known as 295 Smith Road,
bounded and described in accordance with a survey done by Noel B. Smith, Registered
Surveyor, dated November 27, 1972, as fallows:
BEGINNING at a point in the center line of Township Route T-346 at the Northwest
corner of lands now or formerly of Janet Smith; thence by the center of the said
Township Route T-346, North thirteen (13) degrees, seven (07) minutes West, two-
hundred eighty-seven and eighty-one hundredths (287.81) feet to a point at corner of
lands of Jay Coble; thence by said lands of Jay Coble, North seventy-six (76) degrees,
fifty-three (53) minutes East, one hundred fifty-six and thirty-six hundredths (156.36)
feet to a stake; thence by the same, South thirteen (13) degrees, fifty-five (55) minutes,
twelve (12) seconds East, two hundred sixty-nine and thirty-seventh hundredths (269.37)
feet to a point being the Northeast corner of lands now or formerly of Janet Smith; thence
by said lands now or formerly of Janet Smith, South seventy-three (73) degrees, thirty
(30) minutes, thirty-six (36) seconds West, one hundred fifty-six and sixty-three
hundredths (156.63) feet to a.point, place of BEGINNING.
J Certify this to be recorded
In Cumberland County PA
Recorder of Deeds
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ADJUSTABLE RATE RIDER
(LIBOR Index - Rate Caps)
THIS ADJUSTABLE RATE RIDER is made this 28TH day of MY, 2003
and is incorporated into. and shall be deemed to amend and supplement the Mortgage,
Deed of Trust, or Deed to Secure Debt (the "Security Instrument) of the same date
given by the undersigned (the "Borrower") to secure the Borrower's Note to
NOVASTAR NORTGA09, INC.,. A VXR0INIA CORPORATION
(the "Lender") of the same date and covering the property described in the Security
Instrument and located at: 245 SMITH ROAD, SHIPPICNSSURG, PA 17257.
THE NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN THE
INTEREST RATE AND THE MONTHLY PAYMENT. THE NOTE LIMITS THE
AMOUNT THE BORROWER'S INTEREST RATE CAN. CHANGE AT ANY
ONE TIME AND THE MAXIMUM RATE THE 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. INTEREST RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an initial interest rate of 8.875%. The Note provides for
changes in the interest rate and the monthly payments, as follows:
4. INTEREST RATE AND MONTHLY PAYMENT CHANGES
tA)ChafVe Dates
e Interest rate I will pay may change on the isT day of JM, 2005
and on that day every sixth month thereafter. Each date on which my interest rate could
chaPeiinning a is called a "Change Date."
The Index
with the first Change Date, my interest rate will be based on an Index. The
"Index is the average of interbank offered rates for sac-month U.S. dollar-denominated
deposits in the London market (" LIBOR"), as published in The Wall Street Journal. The
most recent Index figure available as of the first business day of the month immediately
preceding the month in which the Change Date occurs is 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 Holderwill give me notice of this choice.
(C)Calculation of Changes
Bbefore each Change Date, the Note Holder will calculate my new interest rate b
adding swaN percentage point(s) { .000a
Initials: t_l ffirnl O
MULTISTATE ADJUSTABLE RATE RIDER (LIBOR Index)-Vnyb Farrily-Froddla Mao UNIFORM INSTRUMENT
Form 31921!01
WOW for Novadar
01909-2009 Onina DocumaMc, Inc. Pago 1 of 3 N319MLU 0003
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to the Current Index. The Note Holder will then round the result of this addition up to the
nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in Section
4(D below, this rounded amount will be my new interest rate until the next Change Date.
The Note Holder will then determine the amount of the monthly payment that would
be sufficient to repay the unpaid principal that I am expected to owe at the Change Date
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.
(p)Limits on Interest Rate Changes
The interest rate I am required to ay at the first Change Datewill not be greater than
11.8753 or less than 8.8753. Thereafter, my interest rate wiN never be increased or
decreased on any single Change Date by more than oas
percentage point(s) ( 1. ooo3 from the rate of interest I have been paying for
the preceding six months. My interest rate will never be greater than .15 or
leas than 8.8753.
(E) Effective Date of Changes
y 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) No?ice of Changes
The Note Holderwill deliver or maN to me a noticeof any changes in my interest rateand
the amount of my monthly payment before the effective date of any change. The notice will
include information required by lawto be given 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
Uniform Covenant 18 of the Security Instrument is 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
rarty, including, but not limited to, those beneficiaT 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 an Interest in the Property is sold or transferred (or If
a 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 ofb all
sums secured by this Securtyy 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 iridorrnation required by Lender to
evaluate f e intended transferee as if a new loan were being madeto the transferee; and (b)
Lender reasonobly 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 may also require the
Initials: Ll
MULTISTATE ADJUSTABLE RATE RIDER (LIBOR Indw)-Single Family-Froddle Mao UNIFORM INSTRUMENT
Form a1921/&I
Modilled for Novastar
01=0-2= online Docurrwft inc. Page 2 of 3 WiQ2RLU 03W
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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 mustpay 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 Adjustable Rate Rider.
CHRIla )!4 N$Ay 12Qa I ?Da' to
'BLS
M LLS iS NZAL Date
MULTISTATE ADJUSTABLE RATE RIDER (LIBOR Ind=)-Single Fmily-Froddle Moo UNIFORM IWSTRUMENT
FOM 31321/01
Modified for Novadw
DiNg-2009 Online Dxunwnt% Ina Page 3 Of 3 N319MLU 0009
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0 A " \ 4
LOAN #t 03-216521
PREPAYMENT RIDER
THIS PREPAYMENT RIDER is made this 28TH day of mAy, 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 (the
"Borrower") to secure Borrower's Note to Bovnsvm Mosaxam, Inc. , A VIRMNIA
CORPORATION
of the same date and covering the Property described in the Security Instrument and located at:
295 SMITH ROAD, SRIPPS1MBU]tG, PA 17257
PREPAYMENT COVENANTS. In addition to the covenants and agreements made in the
Security Instrument, Borrower and Lender further covenant and agree as follows:
I have the right to make payments of principal at any time before they are due. A prepayment
of all of the unpaid principal is known as a "full prepayment." A prepayment of only part of the
unpaid principal is known as a "partial prepayment." I will notify the Note Holder in writing that
1 am doing so.
During the first sI= (60 ) month(s) of my loan, I will
be charged a PREPAYMENT PENALTY in an amount equal to six
( 6 ) month(s)' interest (at the rate in effect at the time Prepayment occurs) on any
Prepayment I make in excess of TmmTy percent( 20.000% )
of the original principal balance in any TWELV R ( 12 ) month
period. Thereafter, I may make full prepayment or partial Prepayments without paying any
prepayment charge.
The Note Holder will use all of my Prepayments to reduce the amount of Principal that I owe
under this Note. If I make a partial Prepayment, there will be no changes in the due dates of my
monthly payments unless theNoteHolder agreesinwritingtothose changes. (IfthisNoteprovides
for an adjustable interest rate, my partial Prepayment may reduce the amount of my monthly
payments after the Payment Change Date if my partial Prepayment occurs prior to the Payment
Change Date. However, any reduction in the amount of my monthly payment due to my partial
Prepayment may be offset by an interest rate increase.]
If the foregoing prepayment penalty exceeds that permitted by applicable law, only the
maximum prepayment penalty permitted by applicable law will be imposed.
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BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained
in this Prepayment Rider.
*1 W41st/
CHRISTOPHER N SEAL
N ML
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ADDENDUM TO ADJUSTABL
(FIXED RATE CONVERSION
6-MONTH LIBOR
E RATE RIDER
OPTION)
THIS ADDENDUM TO ADJUSTABLE RATE RIDER (the "Rider Addendum") is made
this 28TH day of MAY, 2003, and is incorporated into and shall be
deemed to amend and supplement the adjustable rate rider (the "Rider") to the Mortgage,
Deed of Trust or Security Deed (the "Security instrument", each dated to same date as this
Rider Addendum and given by the undersigned (the . Borrower") to secure Borrower's
adjustable rate note with the addendum to adjustable rate note in favor of aovuTAR
MORTGAGE, INC., A VIRGINIA CORPORATION
(the "Lender") and dated as of even date herewith (the "Note"), covering the property
described in the Security Instrument and located at:
295 SMITH ROAD
SHIPPEMURG, PA 17257
The interest rate stated on the Note is called the "Note Rate." The date of the Note
is called the "Note Date." I understand that the Lender may transfer the Note, the
Security Instrument, the Rider and this Rider Addendum. The Lender or anyone who
takes the Note, the Security Instrument, the Rider and this Rider Addendum by transfer
and who is entitled to receive payments under the Note is called the "Note Holder." I
understand also that the Lender may transfer the servicing of the Note; the company
that receives payments under the Note Is called the "Servicer." Each date on which my
adjustable interest rate could change is called an "interest Rate Change Date." I
understand a new Note Holder may not wish to exercise the Conversion Option.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the
Security Instrument and Rider, Borrower and Lender further covenant and agree as follows:
1. FIXED INTEREST RATE OPTION
I may have a Conversion Option which I may be able to exercise if all the conditions
explained in Section 2 below are met. The "Conversion Option" is my option to convert
the adjustable interest rate with interest rate limits I am required to pay under the Note
from an adjustable rate to the fixed rate calculated under Section 4 below.
I may only exercise the Conversion Option once. The Conversion Option will be
available to me only during the period beginning on the 1sT Interest Rate
Change Date, and ending on the 6TH Interest Rate Change Date (the "Option
Period"). The new, fixed interest rate (the "Converted Rate") will be effective beginning
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on 'the first day of the second month following the month in which I exercise the
Conversion Option (the "Conversion Date").
2. CONDITIONS TO EXERCISING THE CONVERSION OPTION
If I have the Conversion Option and choose to exercise it, certain conditions must
be met. These conditions are that: (a) I must give the Servicer notice during the Option
Period in the manner prescribed in Section 3 below that I wish to exercise the
Conversion Option; (b) on the date I give the Servicer notice that I wish to exercise the
Conversion Option, I must not be in default under the Note or the Security Instrument
and I must not have been delinquent thirty days or more in making any payment I was
required to make under the Note during the twelve months immediately preceding the
Exercise Date (as defined in Section 3 below); (c) I must pay the Servicer a conversion
fee equal to %wo wmDRBD trim mw no/loo
dollars { $250.00 )
on the Exercise Date; (d ) I must have supplied to the Servicer information necessary
to complete an updated credit review and I must pay any credit review fees paid by the
Servicer to third parties; (e I must occupy the property; (f) if the Servicer believes the
value of the property described in the Security Instrument may have declined since the
Note Date, the Servicer must have received an updated appraisal of the property
described in the Security Instrument prepared by an appraiser acceptable to the
Servicer and I must pay any related appraisal fee paid by the Servicer to a third party;
(g) I must complete, sign and deliver to the Servicer on the Exercise Date, any
documents the Servicer requires to effect the conversion. I understand that I may not
be allowed to exercise the Conversion Option if I do not meet the Note Holder's property
and credit standards or if the Note Holder(s), in its sole discretion, believes the interest
rate as calculated herein is below market interest rates then in effect for similar loans.
I also understand that I may not be allowed to exercisethe Conversion Option ifthe value
of the property described in the Security Instrument has declined since the Note Date.
3. EXERCISING THE CONVERSION OPTION
To obtain information as to the currently available fixed rate, I may telephone the
Servicer. I understand there can be no assurance that this rate will be available at any
time subsequent to the telephone call, even on the same day. The Servicer will notify
mein writing if the phone number should change. To notify the Servicer that I want to
exercise the Conversion Option, I must call the Servicer on any business day during the
Option Period, between the hours of 8100 A.M. To 5100 P.M. CST. The Servicer
may record our telephone conversations.
Once I notify the Servicer that I d esire to exercise the Conversion Option, the Servicer
will forward to me any documents necessary to effect the Conversion Option. I must
complete and sign the documents provided by the Servicer and return them to the
Servicer together with the conversion fee, credit review fees and, if applicable, the
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appraisal fee described in Section 2 above. The date the completed and signed
documents are received together with the conversion fee, credit review fees and, if
applicable, the appraisal report and appraisal fee is called the Exercise Date. The
Converted Rate is the rate quoted by the Servicer on the Exercise Date. If the fees and
properly completed documents are not received by the Servicer on the Exercise Date,
my adjustable interest rate will not be converted to a fixed interest rate.
4. CALCULATION OF THE CONVERTED RATE
The Converted Rate will be equal to the Federal National Mortgage Association's
("FNMA") required net yield, as of the Exercise Date, for the purchase of thirty-year,
fixed-rate mortgage loans under sixty-day mandatory delivery commitments plus
percentage point(s), not to exceed SIX percent (6°Ya), rounded up to the nearest one-
eighth percent (.125%), as quoted by the Note Hok er.
5. CALCULATION OF THE NEW PAYMENT AMOUNT
If I have the Conversion Option and choose to exercise it, the Servicer will determine
the amount of the monthly payment that will be sufficient to repay the unpaid principal
plus accrued but unpaid interest I am expected to owe on the Conversion Date in full
by the Maturity Date of the Note at the Converted Rate in substantially equal payments.
The resultof this calculation will bathe new amount of my monthly principal and interest
payment. Beginning with my first monthly payment after the Conversion Date, I will pay
this new amount as my monthly principal and interest payment until the Maturity Date
of the Note unless I pay the Note in full prior to its Maturity Date.
6. TRANSFER OF THE PROPERTY
if I exercise the Conversion Option under the conditions stated In this Rider
Addendum, the conditions under which I may be required to make immediate payment
in full of all amounts I owe under the Note because of transfer of property which are
described in the section of the Note captioned "Uniform Secured Note" will ceaseto be
in effect. Instead such conditions will be as follows:
Transfer of the Property. If all or any part of the Property or any interest in it is sold
or transferred without the Note Holder's prior written consent, the Note Holder may, at
its option, require immediate payment in full of all sums secured by the Security
Instrument. However, this option shall not be exercised by the Note Holder H exercise
is prohibited by state or federal law as of the date of the Security Instrument.
If the Note Holder exercises this option, the Note Holder shall give me notice of
acceleration. The notice shall provide a period of not less than thirty days from the date
the notice isdelivered or mailed withinwhich I must pay all sums secured bythe Security
Instrument. If I fail to pay these sums prior to the expiration ofthis period, the Note Holder
may invoke any remedies permitted by the Security Instrument without further notice or
demand on me.
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BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants
contained in this Rider Addendum.
63
(ZRi kC? M HEAL Date
MI LLS M =AL Date
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4-79. 5o Pb Ar-f
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RTO 42&6618
Sheriffs Office of Cumberland County
R Thomas Kline ox% tr of clarr,brrt Edward L Schorpp
Sheriff Solicitor
Ronny R Anderson Jody S Smith
Chief Deputy OFFICE ? --E .NERIFF Civil Process Sergeant
SHERIFF'S RETURN OF SERVICE
05/30/2009 12:35 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May
30, 2009 at 1235 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Michelle M. Neal, by making known unto herself personally, defendant at
295 Smith Road Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same
time handing to her personally the said true and correct copy of the same.
05/30/2009 12:31 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on May
30, 2009 at 1235 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the
within named defendant, to wit: Christopher M. Neal, by making known unto Michelle Neal, wife of
defendant at 295 Smith Road Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at
the same time handing to her personally the said true and correct copy of the same.
SHERIFF COST: $62.00
June 01, 2009
2009-3289
The Bank of New York Mellon
V
Christopher Neal
SO ANSWERS,
R
6
U
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - H) # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
FRANK DUBIN, ESQUIRE - ID # 19280
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID # 74770
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215)790-1010 __
The Bank of New York Mellon as Successor Trustee
Under Novastar Mortgage Funding Trust Series 2003-2
Plaintiff
v.
Christopher M. Neal and Michelle M. Neal
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 09-3289 Civil Term
ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT
TO THE PROTHONOTARY:
Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned matter
for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows:
Principal $ 123,587.47
Interest from 05/13/09 to 07/06/09 $ 1,171.50
Total $ 124,758.97
Q~.~
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
FRANK DUBIN, ESQUIRE
ANDREW L. MARKOWITZ, ESQUIRE
HEIDI R. SPIVAK, ESQUIRE
Attorneys for Plaintiff
i
AND NOW, this ~ day of , 2009, Judgment is entered in favor of Plaintiff, The Bank
of New York Mellon as Successor Trustee Under Novastar Mortgage Funding Trust Series 2003-2, and against
Defendants, Christopher M. Neal and Michelle M. Neal, and damages are assessed in the amount of $124,758.97,
plus interest and costs.
BY E 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
FRANK DUBIN, ESQUIRE - ID # 19280
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPNAK, ESQUIRE - ID # 74770
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215)790-1010
The Bank of New York Mellon as Successor Trustee
Under Novastar Mortgage Funding Trust Series 2003-2
Plaintiff
Christopher M. Neal and Michelle M. Neal
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 09-3289 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 Defendants, Christopher M.
Neal and Michelle M. Neal, are 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
Defendants, Christopher M. Neal and Michelle M. Neal, are over eighteen (18) years of age, and reside as follows:
Christopher M. Neal
295 Smith Road
Shippensburg, Pennsylvania 17257
SWORN AND SUBSCRIBED
BEFORE ME THIS _6th_ DAY
OF JULY 2009
~~-,
/ Np'TARY PiJ~BLIC
COMMONWEALTH ~F PENNSYLVANIA
NC]TAf~IAL SEAL
Zella H. Puiiins-Notary Public
City of Philadelphia, Philadelphia County
MY COMMISSIG"~ EXPIRES JUNE 12, 2013
Michelle M. Neal
295 Smith Road
Shippensburg, Pennsylvania 17257
TERREN E J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
FRANK DUBIN, ESQUIRE
ANDREW L. MARKOWITZ, ESQUIRE
HEIDI R. SPNAK, 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
FRANK DUBIN, ESQUIRE - ID # 19280
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID # 74770
123 South Broad Street, Suite 2080
Philadelphia, PA 19109
(215)790-1010
The Bank of New York Mellon as Successor Trustee
Under Novastaz Mortgage Funding Trust Series 2003-2
Plaintiff
v.
Christopher M. Neal and Michelle M. Neal
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
Number 09-3289 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 Defendants that judgment would be
entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the
Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A".
SWORN AND SUBSCRIBED
BEFORE ME THIS _6th_ DAY
OF JULY , 2009
N TARY PU IC
COMMONWEALTH CF PENN5YLVANIA
NOTARIAL SEAL
Zella R. Pullins - Notary.Public
City of Philadelphia, Philadelphia Courrty
MY COMMISSION EXPIRES JUNE 12, 2013
TERRE CE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
FRANK DUBIN, ESQUIRE
ANDREW L. MARKOWITZ, ESQUIRE
HEIDI R. SPIVAK, ESQUIRE
Attorneys for Plaintiff
VERIFICATION
The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is
authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge,
information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S.
Section 4909 relating to unsworn falsification to authorities.
~~
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
FRANK DUBIN, ESQUIRE
ANDREW L. MARKOWITZ, ESQUIRE
HEIDI R. SPIVAK, ESQUIRE
Attorneys for Plaintiff
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, Pennsylvania 17013
Curt Long
Prothonotary
June 22, 2009
To: Michelle M. Neal
295 Smith Road
Shippensburg, Pennsylvania 17257
The Bank of New York Mellon as Successor Trustee
Under Novastar Mortgage Funding Trust Series 2003-2
vs.
Christopher M. Neal
Michelle M. Neal
Cumberland County
Court of Common Pleas
~~~j~~~4
Number 09-3289 Civil Term
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU
DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH
BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE
TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER
LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Cazlisle, Pennsylvania 17013
(800)990-9108
MARGARET GAIRO, ESQUIRE
ANDREW L. MARKOWITZ, ESQUIItE
NOTIFICACION IMPORTANTE
LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER
PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA
PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR
ESCR-TO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A l.OS
RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA
ACCION DEBIDA DENTRO DE DIEZ (lO) DIAS DE LA FECHA DE ESTA
NOTIFICACION, EL TRIBUNAL PODRA, S[N NECESIDAD DE
COMPARECER LISTED EN CORTE U OIR PREUBA ALGUNA, DICT.4R
SENTENCIAEN SU CONTRA Y LISTED PODRIA PERDER BIENES U OTROS
DERECHOSIMPORTANTES.
LISTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO
INMEDIATAMENTE. SI LISTED NO TIENE A UN ABOGADO, VA A O
TELEFONEA LA OFICINA EXPUSO ABA70. ESTA OFICINA LO PUEDE
PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN
ABOGADO.
$[ LISTED NO PUEDE PROPORCIONAR PARR EMPLEAR UN ABOG.4D0,
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 NTNGUN HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800)9901 ~~
BY:
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQ
MARC_ S._W_EISBERG, ESQ _
EDWARD D. CONWAY, ES UIItE
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse, Carlisle, Pennsylvania 17013
Curt Long
Prothonotary
June 22, 2009
To: Christopher M. Neal
295 Smith Road ~
Shippensburg, Pennsylvania 17257 %~~
The Bank of New York Mellon as Successor Trustee Under Cumberland County
Novastar Mortgage Funding Trust Series 2003-2 Court of Common Pleas
vs.
Christopher M. Neal
Michelle M. Neal Number 09-3289 Civil Term
NOTICE, RULE 237.5
NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT
IMPORTANT NOTICE
YOU ARE [N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A
WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN
WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE
CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN (10)
DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAY BE ENTERED
AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY
OR OTHER IMPORTANT RIGHTS.
YOU SHOULD TAKE THIS 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 PRO V IDE 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
NOTIFICACION IMPORTANTE
LISTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER
PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA
PERSONALMENTE O POR ABOGADO Y POR NO HABER RADICADO POR
ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBIECIONES A LOS
RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA
ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA llE ESTA
NOTIF[CACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE
COMPARECER LISTED EN CORTE U OIR PREUB.A ALGUNA, DICTAR
SENTENCIA EN SU CONTRA Y LISTED PODRIA PERDER BIENES U OTROS
DERECHOSIMPORTANTES.
LISTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO
INMEDIATAMENTE. SI LISTED NO TIENE A UN ABOGADO, VA A O
TELEFONEA LA OF[CINA EXPUSO ABAJO. ESTA OFICINA LO PUEDI
PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN
ABOGADO.
SI LISTED NO PUEDE PROPORCIONAR PARR EMPLEAR UN ABOGADO,
ESTA OFICINA PUEDE SER CAPAZ DE PROPORC[ONARLO 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 ~.~,
BY:
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQ
MARL S. WEISBER_G, ESQU]
EDWARD D. CONWAY, ESQ
MARGARET GAIRO, ESQUI
ANDREW L. MARKOWITZ,
F11.~'C~ "~ -~ ~~-
..h u., i"~."... -J,"'1T,C'k~~
i.~UI ~iL ~(~ ~"ii tt ! ~ ` if LJ
~~# u~a 3~
~# a~~~q
~~~
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Prothonotary
To: Christopher M. Neal
295 Smith Road
Shippensburg, Pennsylvania 17257
The Bank of New York Mellon as Successor Trustee
Under Novastar Mortgage Funding Trust Series 2003-2
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
v.
Christopher M. Neal and Michelle M. Neal
Defendants
No. 09-3289 Civil Term
NOTICE
Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding
as indicated below.
rothonot
X Judgment by Default
_ Money Judgment
_ Judgment in Replevin
Judgment for Possession
If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conwav.
P.C. at (215) 790-1010.
~I~la9
OFFICE OF THE PROTHONOTARY
COURT OF COMMON PLEAS
Cumberland County Courthouse
Carlisle, Pennsylvania 17013
Prothonotary
To: Michelle M. Neal
295 Smith Road
Shippensburg, Pennsylvania 17257
The Bank of New York Mellon as Successor Trustee
Under Novastar Mortgage Funding Trust Series 2003-2
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Plaintiff
v.
No. 09-3289 Civil Term
Christopher M. Neal and Michelle M. Neal
Defendants
NOTICE
Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding
as indicated below.
rothonotary
X Judgment by Default
_ Money Judgment
_ Judgment in Replevin
_ Judgment for Possession
If you have any questions concerning this Judgment, please call McCabe. Weisberg and Conway.
P.C. at (215) 790-1010.
~IPla9
• SF~~21FF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
.r~;,a~ttt~ ` ~ ~; i,d
~:~ - ,
~r
Jody S Smith
Chief Deputy
Edward L Schorpp
SOiICItOr
The Bank of New York Mellon as Trustee Under Novastar Mortgage Funding
vs.
Christopher M. Neal (et al.)
cr;~APR -ft P'N{ ~Z• 5~
C~".~,__ . ~~
~` C' . ..
Case Number
2009-3289
SHERIFF'S RETURN OF SERVICE
09/25/2009 03:15 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 09-25-09
at 1515 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 Christopher M. Neal & Michelle M. Neal, located at 295 Smith
Road, Shippensburg, Cumberland County, Pennsylvania according to law.
09/25/2009 03:15 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 09-25-09
at 1515 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon the within named defendant, to wit: Christopher M. Neal, by making known unto,
Christopher M. Neal, personally, at 295 Smith Road, Shippensburg, Cumberland County, Pennsylvania its
contents and at the same time handing to him personally the said true and correct copy of the same.
09/25/2009 03:15 PM -Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on 09-25-09
at 1515 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon the within named defendant, to wit: Michelle M. Neal, by making known unto,
Christopher M. Neal, personally, at 295 Smith Road, Shippensburg, Cumberland County, Pennsylvania its
contents and at the same time handing to him personally the said true and correct copy of the same.
11/03/2009 Property sale postponed to 3/3/2010.
03/01/2010 Property sa-e postponed to 4/7/2010.
04/05/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned
STAYED, per letter of instruction from Attorney Margaret Gairo on 4/5/10
SHERIFF COST: $848.85 SO ANSWERS,
April 05, 2010 RON R ANDERSON, SHERIFF
,;~ C,~ ~,~ . C'c'
'
R
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIItO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
215 790-1010
Attorneys for Plaintiff
The Bank of New York Mellon as Successor Trustee CUMBERLAND COUNTY
Under Novastar Mortgage Funding Trust Series 2003-2
COURT OF COMMON PLEAS
Plaintiff
v.
Christopher M. Neal and Michelle M. Neal
Defendants
NO: 09-3289 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: 295 Smith Road,
Shippensburg, Pennsylvania 17257, a copy of the description of said property being attached hereto and marked
Exhibit "A."
1. Name and address of Owners or Reputed Owners
Name
Christopher M. Neal
Address
295 Smith Road
Shippensburg, PA 17257
Michelle M. Neal
295 Smith Road
Shippensburg, PA 17257
2. Name and address of Defendants in the judgment:
Name
Christopher M. Neal
Address
295 Smith Road
Shippensburg, Pennsylvania 17257
Michelle M. Neal
295 Smith Road
Shippensburg,Pennsylvania 17257
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
Yellow Book Sales and Distribution c/o Amato & Associates PC
Company, Inc. 107 N. Commerce Way
Bethlehem, Pennsylvania 18107
4. Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein
5. Name and address of every other person who has any record lien on the property:
Name Address
None
6. Name and address of every other person who has any record interest in the property which may be
affected by the sale:
Name Address
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest
in the property which may be affected by the sale:
Name Address
Tenants/Occupants 295 Smith Road
Shippensburg,Pennsylvania 17257
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
TPL Casualty Unit Estate
Recovery Program
PA Department of Revenue
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
United States of America
Domestic Relations
Cumberland County
United States of America
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriff's Sales
Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
P.O. Box 320
Carlisle, PA 17013
c/o United States,Attorney for the
Middle District of PA
235 North Washington Street
Scranton, PA 18503
and
Federal Building
228 Walnut Street
P.O. Box 11754
Harrisburg, PA 17108
Name and address of Attorney of record:
Name Address
None
I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge
or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
August 17, 2009
DATE
TERREN ~ J. McCABE, ESQUIRE
MARC S. ISBERG, 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, ESQUII2E - 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
The Bank of New York Mellon as Successor Trustee
Under Novastar Mortgage Funding Trust Series 2003-2
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
v.
Christopher M. Neal and Michelle M. Neal
Number 09-3289 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Christopher M. Neal Michelle M. Neal
295 Smith Road 295 Smith Road
Shippensburg, Pennsylvania 17257 Shippensburg, Pennsylvania 17257
Your house (real estate) at 295 Smith Road, Shippensburg, Pennsylvania 17257 is scheduled to be sold
at Sheriffs Sale on December 9, 2009 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor
of the C~-mberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court
judgment of $124,758.97 obtained by The Bank of New York Mellon as Successor Trustee Under Novastar
Mortgage Funding Trust Series 2003-2 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 The Bank of New York Mellon as Successor Trustee Under
Novastar Mortgage Funding Trust Series 2003-2 the back payments, late charges, costs, and
reasonable attorney's fees due. To fmd out how much you must pay, you may call McCabe,
Weisberg and Conway, P.C., Esquire at (215) 790-1010.
You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the
sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of
stopping the sale. (See the following notice on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find
out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate
compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To fmd
out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215} 790-1010.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the
property as if the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the
Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your real estate. A schedule of
distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days
of the sale. This schedule will state who will be receiving that money. The money will be paid out
in accordance with this schedule unless exceptions (reasons why the proposed schedule of
distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the
schedule of distribution.
7. You may also have other rights and defenses, or ways of getting your real estate back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800)990-9108
ASSOCIATION DE LICENCIDADOS
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800)990-9108
LEGAL DESCRIPTION
ALL 'I'I~,AT CERTAIN lnt of ground situate arc Penn. Towttsl~itp, Cwmberland County,
Penstssyivania, together with iucpmvements erected thereon laaown as 295 Smith Road,
bouaded and described ra accordance with a survey done by Noe! B. Smith ],tegistered
Surveyor, dated Navcmber 27, 1972, aS follows:
BECINI~ING at a point nn the center lice af'Towaship Route T 346 at the Northwest
corner of lands now yr forAOerly of Janet Smit3Y; thence by the cemer of the sou[
Township Route T-~4G, Nottl: thirteen (13) degrees, scv~cn (07}minutes West, two-
hundred eighty-seven as~ci eighty-ot~e hundredths (x$7.81) fleet to a point at ao~er of
lands of lay Coble; thence by said lands of lay Coblc, North seventy-six (76) degrees,
fxfly-thtee (53) mi~outes Eaat, one hundt+arl filly-six and thirty-six htmdredttta (156.36}
feat to a stake; th~ce by tb~ same, South thiutcen (l3) degt+ees, Sfly1'ive (5~ minutes,
twelve (12) secanuds fast, two h~mdred sixty-nine and tlcfirty^~svetuh hundredths (269.3
feet to a point being the Northeast c~vraer of lands flow to tlareneriy df Janet Smith; thence
by said. lands now or formerly ofJaact Smith, South seva>tty-three (73) degrees, thirty
(30) miuu3es, thirty--six (36) secaxtds 1Wesat, one hvndced fifty-six and sixty-tlacee
humdredttts (156.63} feet to apoirnt, place of S1S,GINNINC.
CONTAIIYXNG 1.00 .
Premises known as 295 Smith Road, Shippensburg, Pennsylvania 17257.
BEING the same premises which ANGILA P. SMITH, SURVIVING SPOUSE OF GERALD R. SMITH by deed
dated May 28, 2003 and recorded June 3, 2003 in the office of the Recorder in and for Cumberland County in Deed
Book 257, Page 1667, granted and conveyed to Christopher M. Neal and Michelle M. Neal, husband and wife, in fee.
TAX MAP PARCEL NUMBER: 31-11-0300-022B
WRIT OF EXECUTION and/or ATTACHMENT
CQMMO-NWEALTH OF PENNSYLVANIA) NO 69 -.3x84 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON as Successor
Trustee Under NOVASTAR MORTGAGE FUNDING TRUST SERIES 2003-2, Plaintiff (s)
From CHRITOPHER M. NEAL and MICHELLE M. NEAL
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $124,758.97 L.L. $.50
Interest from 7/7/09 to 12/9/09 at $20.51 per diem -- $3,199.56
Atty's Comm % Due Prothy $2.00
Atty Paid $181.00 Other Costs
Plaintiff Paid
Date: 8/19/09
Curtis R. Long, Pro on tary
(Seal)
By:
Deputy
REQUESTING PARTY:
Name: MARGARET GAIRO, ESQUIRE
Address: MCCABE, WEISBERG AND CONWAY
123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone : 215-790-1010
Supreme Court ID No. 34419
Real Estate Sale #
On August 26, 2009 the Sheriff levied upon the
defendant's interest in the real property situated in
Penn Township, Cumberland County, PA
Known and numbered as, 295 Smith Road,
Shippensburg, more fully described on Exhibit "A"
filed with this writ and by this reference incorporated herein.
Date: August 26, 2009
By:
Real Estate Coordinator
~~
~~ ~;~~
~;'~ s~','~,9
!~' R ~t1
{j
~~--
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
October 23, October 30 and November 6, 2009
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
~_
Lisa Marie Coyn Editor
SWORN TO AND SUBSCRIBED before me this
6 day_ of November, 2009
Notary y
~.~-.-
NO7ARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BORO, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2010
Writ Pio. 2009-3289 Civil
The Bank of New York Mellon
as Successor Trustee Under
Novastar Mortgage Funding
Trust Series 2003-2
vs.
Christopher M. Neal
Michelle M. Neal
Atty: Margaret Gairo
ALL THAT CERTAIN lot of ground
situate in Penn township Cumber-
land County, Pennsylvania, together
with improvements erected thereon
known as 295 Smith Road, bounded
and described in accordance with a
survey done by Not) B. Smith, Regis-
tered Surveyor, dated November 27,
1972, as follows:
BEGINNING at a point in the
center line of Township Route T-346
at the Northwest corner of lands now
or fonnedy of Janet Smlth thence
by the center of the said Township
Route T-346, North thirteen (13j
degrees, ven (07) minutes West, two-
hundred eighty-seven and eighty-one
hundredths (287.81) feet to a point at
corner of lands of Jay Coble; thence
by said lands of Jay Cobl; North
scventy-s!x (76) degrees, fifty-three
(53) m Eas4 one hundred fifty-six
and thirty-six humdredths (15636)
fee; to a stake; thence by the same,
South thirteen (13) degrees, fifty-five
(55) minute; t (12) seconds East, two
hundred sixty-nine end 1J1jfl74eVeflh
hundredths (269.37) feet to a point
being the Northeast isomer of lands
now or lbrnzrly of Janet Smith;
thence by said lands now orlbrmerly
of Janet Stnitb, South seventy-three
(73) degrees, thirty (30) minutes,
thirty-six (36) seconds West, one
huudted fifty-six and sixty-tee hun-
dredths (156.63) feet to a point, place
of BEGINNING.
CONTAINING 1.00 acre.
Premises known as 295 Smith
Road, Shippensburg, Pennsylvania
17257.
BEING the same premises which
ANGILA P. SMITH, SURVIVING
SPOUSE OF GERALD R. SMITH by
deed dated May 28, 2003 and re-
corded June 3, 2003 in the office of
the Recorder in and for Cumberland
County in Deed Book 257, Page 1667,
granted and conveyed to Christopher
M. Neal and Michelle M. Neal, hus-
band and wife, in fee.
TAX MAP PARCEL NUMBER: 31-
11-0300-022B.
The Patriot-News Co.
812 Market St.
Harrisburg, PA 17101
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
c~l1e ~tatriot News
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Leslie Kramer, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the date(s) shown below:
10/23/09
10/30/09
11/06/09
S orn to and. bscribed before me i 6 a f November, 2009 A.D.
i
Notary Public `"~-
Cp{b7~ONWEALTH OF PENNSYLVANIA
ABotariai 5eai
Sharri~ ~ ~;~~te;', Notary Public
I Cifj ~~ 4iarns~`,,arg; [7auphln County
i My Gomrnis~ikv~ ~xpirea Nov. 26, 2011
I --
Member, Penns}Ivania Association of Notaries
Writ No. 2E109-3~6g Civil Term
Z hr Bank of New York Mallon as
Successor Trustee Undsr
Nbvast8r Mortgage Funding
Trust Series 2003-2
• Vs
Christopher M. Neal
Michelle M. Neal
Atty; Merg4ret Qalro
ALL THAT'~AIN lot of ground situate in
Penn township Cumberland County,
Pennsylvania, together with improvements
~- z9s s~ttr-t~awa,
`'~otit~d" a4d~d b r`oatfrlouae >dl1 a
aWver ~ddttte 'by Nat? B. 1
~+!~ra1"_l~J11 Norm 2719'!1, ai.llBvtvs:
BEGINNING at a point in the center line of
Township Route T-346 at the Northwest comer
of lands now or fonnedy of Janef Smith thence
by the center of the said Township Route T-346,
Notth thirteen (13) degrees, ven (07) mipirtes
West, two- hundred eighty-seven and eighty-one
hundredths (287.81) feet to a point at conger of
lands of Jay Coble; thence by said lands of Jay
Cob!; North seventy-s!x (76) degrees; fifty-three
(53a m Eas4 one hundred 5fty-six and thirty-six
hundredths (15636) fee; to a stake; thence by the
same, South thirteen (13) degrees, fifty-five (55)
minute; t (12) seconds East, two hundred sixty-
nine end 1J1jf174eVefllt hum)redths (269.37) feet
to a point being the Northeast.6orcer of lands
now or lbtnztly of Janet Smith; ttience by said
lands now orlbrmerly of Janet Stnitb,. South
seventy-throe (73) degrees, thirty (30) minutes,
thirty-six (36) seconds West, one huudted fifty-
six and sixty-tee hundredths (156,63) feet to a
point, place ofBEGIIdNING.
CONTAINING 1.00 acre.
Premises known as 295 Smith Road,
Shippensburg, Pennsylvania 17257.
BEING the same premises which ANGII,A P.
SMITH, SURVIVIIdG SPOUSE OF GERALD
R. SMITH by deed dated May 28, 2003 and
recorded June 3, 2b03 in the office of the
Recorder in and for Cumberland County in Deed
Book 257, Page 1667, granted and conveyed to
Christopher M. Neal and Michelly M. Neal,
husband and wife, in fee.
TAX INAP PARCEL NUMBER: 31-11-0300-
022B ,
McCABE, WEISBERG AND CQNWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CQNWAY, ESQUIRE - ID # 34687
MARGARET GAIRp, ESQUIRE - ID # 34419
FRANK DUBIN, ESQUIRE - ID # 19280
Attorneys for Plaintiff
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
The Bank of New York Mellon as Successor Trustee
Under Novastaz Mortgage Funding Trust Series 2003-2
Plaintiff
v.
Christopher M. Neal and Michelle M. Neal
C3
CUMBERLAND COUNTY ~
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COURT OF COMMON PLEAS :~'~'~"" ~-- ~ -n
ems. „~-
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Number 09-3289 Civil Term
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Defendants
AMENDED AFFIDAVIT OF SERVICE
I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 16`~ day of July,
2010, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent
lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto as Exhibit "A."
Copies of the letter and certificates of mailing are also attached hereto, made a part hereof and mazked as
Exhibit "B."
SWORN AND SUBSCRIBED TE N E J. McCABE,E~SQZIIRI
BEFORE ME THIS 16"~' DAY RC .WEISBERG, ESQUIRE
OF LY, 2010 D D. CQNWAY, ESQUIRE
GARET GAIRO, ESQUIRE
t NK DUBIN, ESQUIRE
OTARY PUBLIC Attorneys for Plaintiff
COMMONWEALTH OF PENNSYCVANIq
N~TgRIgL
Barbara J. Moyer. Nota Eq L
City of Philadelphia, Philadalph~a ~ blic
h'0' COMMISSION ~'IRfS JAN. ~
12, 20I~4/
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 # 344191
FRANK DUBIN, ESQUIRE - ID # 19280
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
X21 S) 790.1010
The Bank of New York Mellon as Successor Trustee
Under Novastar Mortgage Funding Trust Series 2003-2
Plaintiff
v.
Christopher M. Neal and Michelle M. Neal
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO: 09-3289 Civil Term
AMENDED 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: 295 Smith Road,
Shippensburg, Pennsylvania 17257, a copy of the description of said property being attached hereto and marked
Exhibit "A."
1. Name and address of Owners or Reputed Owners
Name
Christopher M. Neal
Michelle M. Neal
Address
295 Smith Road
Shippensburg, PA 17257
295 Smith Road
Shippensburg, PA 17257
Name and address of Defendants in the judgment:
Name
Christopher M. Neal
Address
295 Smith Road
Shippensburg, Pennsylvania 17257
Michelle M. Neal
295 Smith Road
Shippensburg, Pennsylvania 17257
3.
4
Name and last known address of every judgment creditor whose judgment is a record lien on the
real property to be sold:
Name
Plaintiff herein
Yellow Book Sales and Distribution
Company, Inc.
Address
c/o Amato & Associates PC
107 N. Commerce Way
Bethlehem, Pennsylvania 18107
Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein
5. Name and address of every other person who has any record lien on the property:
Name
6.
7
None
Address
Name and address of every other person who has any record interest in the property which may be
affected by the sale:
Name
None
Address
Name and address of every other person of whom the plaintiff has knowledge who has any interest
in the property which may be affected by the sale:
Name
Tenants/Occupants
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Address
295 Smith Road
Shippensburg, Pennsylvania 17257
Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
110 North 8th Street
Suite#204
Philadelphia, PA. 19107
6th Floor, Strawberry Square
Department #280601
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: Sheriffs Sales
United States of America Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
Domestic Relations P.O. Box 320
Cumberland County Carlisle, PA 17013
United States of America 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
c/o Atty General of the United States
U.S. Dept of Justice Room 5111
Main Justice Bldg., 10`" Constitution Ave. NW
Washington, DC 20530
United States of America
c/o Atty General of the United States
U.S. Dept of Justice
10`h Constitution Ave. NW, Rm 4400
Washington, DC 20530
Name and address of Attorney of record:
Name Address
None
I verify that the statements made in this Affidavit aze true and correct to the best of my personal knowledge
or information and belief. I understand that false statements herein aze made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to
Julv 16.2010 "` T ~ ~ N ~ J. c U
DATE AR . WEISBERG, ESQUIRE
E ARD D. CONWAY, ESQUIRE
ARGARET GAIRO, ESQUIRE
FRANK DUBIN, 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
The Bank of New York Mellon as Successor Trustee
Under Novastar Mortgage Funding Trust Series 2003-2
Plaintiff
v.
Christopher M. Neal and Michelle M. Neal
Defendants
DATE: July 16, 2010
TO: ALL PARTIES IN INTEREST AND CLAIMANTS
Attorneys for Plaintiff
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Number 09-3289 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
OWNERS: Christopher M. Neal and Michelle M. Neal
PROPERTY: 295 Smith Road, Shippensburg, Pennsylvania 17257
IMPROVEMENTS: Residential Dwelling
The above-captioned property is scheduled to be sold at the Sheriffs Sale on September 8, 2010 at 10:00 a.m. in the
Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse
Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on,
and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to
protect your interests.
A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days
after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten
(10) days after the filing of the schedule.
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SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
FILECN'~-fCE
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The Bank of New York Mellon as Trustee Under Novastar Mortgage Funding Case Number
vs.
Christopher M. Neal (et al.) 2009-3289
SHERIFF'S RETURN OF SERVICE
06/25/2010 09:57 AM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on
6-25-2010 at 0950 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 Christopher M. Neal, located at, 295 Smith
Road, Shippensburg, Cumberland County, Pennsylvania according to law.
06/29/2010 07:35 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 6/28/10 at
1935 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon the within named defendant, to wit: Michelle Neal, by making known unto, Michelle
Neal, personally, at, 295 Smith Road, Shippensburg, Cumberland County, Pennsylvania its contents and
at the same time handing to her personally the said true and correct copy of the same.
06/29/2010 07:35 PM -Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on 6/28/10 at
1935 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon the within named defendant, to wit: Christopher M. Neal, by making known unto,
Michelle Neal, Wife, at, 295 Smith Road, Shippensburg, Cumberland County, Pennsylvania its contents
and at the same time handing to her personally the said true and correct copy of the same.
07/27/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned
STAYED, per letter of instruction from Attorney Margaret Gairo on 7122/10
SHERIFF COST: $839.40 SO ANSWERS,
August 27, 2010 RON R ANDERSON, SHERIFF
:~ .a~ R4~ ~ ~4~ .
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McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 1649E
MARL S. WEISBERG, ESQUIItE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 3468 i
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
215 790-1010
The Bank of New York Mellon as Successor Trustee
Under Novastar Mortgage Funding Trust Series 2003-2
Plaintiff
v.
Christopher M. Neal and Michelle M. Neal
Defendants
Attorneys for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
NO: 09-3289 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: 295 Smith Road,
Shippensburg, Pennsylvania 17257, a copy of the description of said property being attached hereto and marked
Exhibit "A."
1. Name and address of Owners or Reputed Owners
Name
Christopher M. Neal
Michelle M. Neal
Address
295 Smith Road
Shippensburg, PA 17257
295 Smith Road
Shippensburg, PA 17257
2. Name and address of Defendants in the judgment:
Name
Christopher M. Neal
Michelle M. Neal
Address
295 Smith Road
Shippensburg, Pennsylvania 17257
295 Smith Road
Shippensburg, Pennsylvania 17257
i
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
Yellow Book Sales and Distribution c/o Amato & Associates PC
Company, Inc. 107 N. Commerce Way
Bethlehem, Pennsylvania 18107
4. Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff herein
5. Name and address of every other person who has any record lien on the property:
Name Address
None
6. Name and address of every other person who has any record interest in the property which may be
affected by the sale:
Name Address
None
7. Name and address of every other person of whom the plaintiff has knowledge who has any interest
in the property which may be affected by the sale:
Name
Tenants/Occupants
Commonwealth of Pennsylvania
Commonwealth of Pennsylvania
Inheritance Tax Office
Commonwealth of Pennsylvania
Bureau of Individual Tax
Inheritance Tax Division
Address
295 Smith Road
Shippensburg,Pennsylvania 17257
Department of Public Welfare
P.O. Box 2675
Harrisburg, PA 17105
110 North 8th Street
Suite#204
Philadelphia, PA. 19107
6th Floor, Strawberry Square
Department #280601
Harrisburg, PA 17128
Department of Public Welfare
TPL Casualty Unit Estate
Recovery Program
PA Department of Revenue
Commonwealth of Pennsylvania
Department of Revenue Bureau of
Compliance
United States of America
Domestic Relations
Cumberland County
United States of America
Willow Oak Building
P.O. Box 8486
Harrisburg, PA 17105-8486
Bureau of Compliance
P.O. Box 281230
Harrisburg, PA 17128-1230
Clearance Support Department 281230
Harrisburg, PA 17128-1230
ATTN: Sheriff s Sales
Internal Revenue Service
Technical Support Group
William Green Federal Building
Room 3259
600 Arch Street
Philadelphia, PA 19106
P.O. Box 320
Carlisle, PA 17013
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
None
I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge
or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S.
Section 4904 relating to unsworn falsification to authorities.
April 26, 2010
DATE
T RRE E J. McCABE, ESQUIRE
MARC . WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
Attorneys for Plaintiff
LEGAL DESCRIPTION
All that certain lot of ground situate in Penn Township, Cumberland County, Pennsylvania, together with
improvements erected theron known as 295 Smith Road, bounded and described in accordance with a survey done by
Noel B. Smith, Registered Surveyor, dated November 27, 1972, as follows:
Beginning at a point in the center line of Township Route T-346 at the Northwest corner of lands now or formerly of
Janet Smith; thence by the center of the said Township Route T-346, North thirteen (13) degrees, seven (07) minutes
West, two-hundred eighty-seven and eighty-one hundredths (287.81) feet to a point at corner of lands of Jay Coble;
thence by said lands of Jay Coble, North seventy-six (76) degrees, fifty-three (53) minutes East, one hundred fifty-six
and thirty-six hundredths (156.36) feet to a stake; thence by the same, South thirteen (13) degrees, fifty-five (55)
minutes, twelve (12) seconds East, two hundred sixty-nine and thirty-seventh hundredths (269.37) feet to a point
being the Northeast corner of lands now or formerly of Janet Smith; thence by said lands now or formerly of Janet
Smith, South seventy-three (73) degrees, thirty (30) minutes, thirty-six (36) seconds West, one hundred fifty-six and
sixty-three hundredths (156.63) feet to a point, place of Beginning.
BEING PARCEL NO.: 31-11-0300-0220
BEING KNOWN AS 295 Smith Road, Shippensburg, Pennsylvania 17257.
BEING the same premises which ANGILA P. SMITH, SURVIVING SPOUSE OF GERALD R. SMITH by deed
dated May 28, 2003 and recorded June 3, 2003 in the office of the Recorder in and for Cumberland County in Deed
Book 257, Page 1667, granted and conveyed to Christopher M. Neal and Michelle M. Neal, husband and wife, in fee.
~ ~,
~ ~,
~~ _ ~ ~~
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIItE - 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
(2l5) 790-1010
Attorneys for Plaintiff
CIVIL ACTION LAW
The Bank of New York Mellon as Successor Trustee
Under Novastar Mortgage Funding Trust Series 2003-2
v.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
Christopher M. Neal and Michelle M. Neal
Number 09-3289 Civil Term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: Christopher M. Neal Michelle M. Neal
295 Smith Road 295 Smith Road
Shippensburg, Pennsylvania 17257 Shippensburg, Pennsylvania 17257
Your house (real estate) at 295 Smith Road, Shippensburg, Pennsylvania 17257 is scheduled to be sold
at Sheriffs Sale on September 8, 2010 at 10:00 a.m, in the Commissioner's Hearing Room located on the 2nd Floor
of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court
judgment of $124,758.97 obtained by The Bank of New York Mellon as Successor Trustee Under Novastar
Mortgage Funding Trust Series 2003-2 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 The Bank of New York Mellon as Successor Trustee Under
Novastar Mortgage Funding Trust Series 2003-2 the back payments, late charges, costs, and
reasonable attorney's fees due. To fmd out how much you must pay, you may call McCabe,
Weisberg and Conway, P.C., Esquire at (215) 790-1010.
2. You may be able to stop the sale by filing a petition asking the Court to strike or open the
judgment, if the judgment was improperly entered. You may also ask the Court to postpone the
sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of
stopping the sale. (See the following notice on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may fmd
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 fmd
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
Sheriffgives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your real estate. A schedule of
distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days
of the sale. This schedule will state who will be receiving that money. The money will be paid out
in accordance with this schedule unless exceptions (reasons why the proposed schedule of
distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the
schedule of distribution.
7. You may also have other rights and defenses, or ways of getting your real estate back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800)990-9108
ASSOCIATION DE LICENCIDADOS
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800)990-9108
LEGAL DESCRIPTION
All that certain lot of ground situate in Penn Township, Cumberland County, Pennsylvania, together with
improvements erected theron known as 295 Smith Road, bounded and described in accordance with a survey done by
Noel B. Smith, Registered Surveyor, dated November 27, 1972, as follows:
Beginning at a point in the center line of Township Route T-346 at the Northwest corner of lands now or formerly of
Janet Smith; thence by the center of the said Township Route T-346, North thirteen (13) degrees, seven (07) minutes
West, two-hundred eighty-seven and eighty-one hundredths (287.81) feet to a point at corner of lands of Jay Coble;
thence by said lands of Jay Coble, North seventy-six (76) degrees, fifty-three (53) minutes East, one hundred fifty-six
and thirty-six hundredths (156.36) feet to a stake; thence by the same, South thirteen (13) degrees, fifty-five (55)
minutes, twelve (12) seconds East, two hundred sixty-nine and thirty-seventh hundredths (269.37) feet to a point
being the Northeast corner of lands now or formerly of Janet Smith; thence by said lands now or formerly of Janet
Smith, South seventy-three (73) degrees, thirty (30) minutes, thirty-six (36) seconds West, one hundred fifty-six and
sixty-three hundredths (156.63) feet to a point, place of Beginning.
BEING PARCEL NO.: 31-11-0300-0220
BEING KNOWN AS 295 Smith Road, Shippensburg, Pennsylvania 17257.
BEING the same premises which ANGILA P. SMITH, SURVIVING SPOUSE OF GERALD R. SMITH by deed
dated May 28, 2003 and recorded June 3, 2003 in the office of the Recorder in and for Cumberland County in Deed
Book 257, Page 1667, granted and conveyed to Christopher M. Neal and Michelle M. Neal, husband and wife, in fee.
• WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 09-3289 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due THE BANK OF NEW YORK MELLON , as Successor
Trustee Under NOVASTAR MORTGAGE FUNDING TRUST SERIES 2003-2, Plaintiff (s)
From CHRISTOPHER M. NEAL and MICHELLE M. NEAL
(1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL
DESCRIPTION .
(2) You are also directed to attach the property of the defendant(s) not levied upon in the possession
of
GARNISHEE(S) as follows:
and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from
paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant
(s) or otherwise disposing thereof;
(3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession
of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a
garnishee and is enjoined as above stated.
Amount Due $124,758.97 L.L.
Interest farom 7/7/09 to 9/8/10 at $20.51 per diem -- $8,798.79
Atty's Comm % Due Prothy $2.00
Atty Paid $1,051.35 Other Costs
Plaintiff Paid
Date: 4/28/10
avi
(Seal)
By:
D. Buell, rothonotary
Deputy
REQUESTING PARTY:
Name: MARGARET GAIRO, ESQUIRE
Address: MCCABE, WEISBERG AND CONWAY
123 S BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 34419
On June 14, 2010 the Sheriff levied upon the
defendant's interest in the real property situated in
Penn Township, Cumberland County, PA,
Known and numbered as, 295 Smith- Road,
Shippensburg, more fully described on Exhibit
"A" filed with this writ and by this reference
incorporated herein.
Date: June 14, 2010
By:
~ ~~
R t to oordinator
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 16, July 23, and July 30, 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
Marie Coyne,
SWO)~T TO AND SUBSCRIBED before me this
30 da of Jul 2010
Notary
._._.~
NOTARIAL SEAL
DEBORAH A COLLINS
Notary Public
CARLISLE BOROUGH, CUMBERLAND COUNTY
My Commission Expires Apr 28, 2014
Writ No. 2009-3289 Civil
The Bank of New Yerk Mellon
as Trustee Under Novastar
Mortgage Funding
vs.
Christopher M. Neal
Michelle M. Neal
Atty.: Marc S. Weisberg
All that certain lot of ground situ-
ate in Penn Township, Cumberland
County, Pennsylvania, together with
improvements erected theron known
as 295 Smith Road, bounded and de-
scribed in accordance with a survey
done by Noel B. Smith, Registered
Surveyor, dated November 27, 1972,
as follows:
Beginning at a point in the cen-
ter line of Township Route T-346 at
the Northwest corner of lands now
or formerly of Janet Smith; thence
by the center of the said Township
Route T-346, North thirteen (13) de-
grees, seven (07) minutes West, two-
hundred eighty-seven and eighty-one
hundredths (287.81 j feet to a point at
corner of lands of Jay Coble; thence
by said lands of Jay Coble, North sev-
enty-six (76) degrees, fifty-three (53)
minutes East, one hundred fifty-six
and thirty-six hundredths (156.36)
feet to a stake; thence by the same,
South thirteen (13) degrees, fifty-five
(55) minutes, twelve (12) seconds
East, two hundred sixty-nine and
thirty-seventh hundredths (269.37)
feet to a point being the Northeast
corner of lands now or formerly of
Janet Smith; thence by said lands
now or formerly of Janet Smith,
South seventy-three (73) degrees,
thirty (30) minutes, thirty-six (36)
seconds West, one hundred fifty-six
and sixty-three hundredths (156.63)
feet to a point, place of Beginning.
BEING PARCEL NO,: 31-11-0300-
0220.
BEING KNOWN AS 295 Smith
Road, Shippensburg, Pennsylvania
17257.
BEING the same premises which
ANGILA P. SMITH, SURVIVING
SPOUSE OF GERALD R. SMITH by
deed dated May 28, 2003 and re-
corded June 3, 2003 in the office of
the Recorder in and for Cumberland
County in Deed Book 257, Page 1667,
granted and conveyed to Christopher
M. Neal and Michelle M. Neal, hus-
band and wife, in fee.
, . iii; S'.
., 1~
.The Patriot-News Co..
2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
c~he~latriot News
Now you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Holly Blain, 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:
07/09/10
07/16/10
~1 07/23/10
...•••V•~ .. .........
}
Sworn to subscribed before his day of August, 2010 A.D.
,- ~
,,
~y~
`~~ L~~t2.- ~~ r !j G -
l Notary Public
COMMOfVwEA~°r~ C)F p~NNSYLVANIA
Notarial Seal I
Sherrie L Kisser, Notary Public
Lower Paxton'rwp., Dauphin County
~iy Commission Expires Nov. 26, 2011
Me~n°~er pt~n;i5ytva;~'.a Association of Notanes
WrR No. 209939 CIvMTerm
The Bank of New York MNlon
as TrusNe UncNr Novaatar
Mortgage Funding
Vs
Christopher M. Neal
Michelle M. Neal
Atty: Marc S. Weisberg
All. that certain lot of ground situate in Penn
Township, Cumberland County, Pennsylvania,
together with improvements erected theron
known as 295 Smith Road, bounded and
described in accordance with a survey done
by Noel B. Smith, Registered Surveyor, dated
November 27,1972, as followx
'Beginning at a point in the center-line of
Township Route T-346 at the Northwgst corner
of lands now or formerly of Janet Smith; thence
by the center of the said Township Route T-346,
'North thirteen (13) degrees, seven (07) minutes
West, two-hundred eighty-seven and eightyone
hundredths (287.81)~fcet to a point at comer of
lands of Jay Coble; thence by said lands of Jay
Coble, North Seventy-six (76) degrees, fifry-
three (53) minutes East; one hundred fifty-six
and thirty-six hundredths (15636) feet to a
stake; thence by the same, South thirteen (13)
degrees, fifty-five (55)' minutes, twelve (12)
seconds East, two hundred sixty-nineandthirty-
seventhhundredths (269.37) feet to a point being
the Northeast comer of lands now or formerly
of JanetSmith; thence,by said lands now or
formerly of Janet Smith, South seventy-three
(73) degrces, thirty (30) minutes, thirty-six. (36)
seconds West, one hundred fifty-six and sixty-
three hundredths (156.63) feet to a point, place
of Beginning.
BEING PARCEL NO.: 31-11-0300-0220
.BEING KNOWN AS 295 Smith Road,
Shippensburg, Pennsylvania 17257.
BEING the same premises which ANGILA P.
SMITH, SURVIVING SPOUSE OF GERALD
R: SMITH by deed dated May 28, 2003 and
recorded June 3, 2003 in the office of the
Recorder in and for Cumbethurd County in Deed
Book 257; Page 1667, granted: and conveyed to
ChrieWpher M. Neal and Michelle M. deal,
husband and wife, io fee.
07/22/2010 09:49 FAX 215 790 5990
Tf.:kkEN(:I; I• McCABEwiM
MAlzt: s. wEISBErtc;°
EDwnRD D CONWAY •~
Mnkunltl~'I' CAIRO '•
LISA L. WALLACL"I-7
DEBORAI•I K. CURRANI•
I-nURn H.G. O'SU1.LIVAN=•
GAYL C. SRIVnK•-
FkANK DUDIN •••
nNUREW L. MAKKUWIT7.'••
HEIDI R, SPIVAIC•
MARISA COIIQN'
KA'I'HLRINIi SANTANCi1Nl^^
.Inti(IN BRC10kS 1•
Fr11'I'H MIROS ''
I?kIN DRADY •.
KEVIN T MC'QUnIL'•'
kUl II MIRZA •?.'
~I,L-•XANDRA T GARCIA•
CURRIN D13MINT•
IiAiill-I/U-I SCOTT •.
•' I,iconsco hl PA
` UL'elacd lu PA M Nl
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Licn.n:d in NY
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L¢entctl iu CT ,h N.I
•' I.i¢rincJ iii S1U .~ Vn
R, •l~homas Kline
I CoulthousL: Square
Third floor
Carlisle, Pennsylvania 17013
M~'C ~ 001
LAW OFFICES
M.cCABE, wE1Si~ERG & CONWAY, P.c.
SUITE 2u$U SUITE 303
12? LOUTH IiROAU STREET 21G HADDON nVENL1E
hHILA.DELPIIIA,PA 19109 WES"I"MONT,NIOBIOti
(21 S) 790-I 010 (85G) B58-~OkO
1~AX (215) 790-1274 Rn~ (k5r+) SSB-7020
SUTTIi 499
1451-NGUI:NOT STREET
NL"W ROCIILLLLNY IUBUI
(914)-G3G-8900
FAX (914}-6J6-8901
Also servicing Connceticul
S U I"f-6 100
July 22, 2010 alnl SnNDYSPRfNG RUnO
LAUREL, MD~n7n7
(301)490-3361
FAX (?01) 490- I Sb6
nlyo sevicing the District ot•Columbia
:md vir-,7nin
Re: The Ban1: of :vEw York Mellon as Successor Trustee Under Novastar Mortgage Funding Trust Series
2003-2
vs.
Christopher p,Q, Neal and Michelle M. Neal
Cumberland 1ottnty, Court of Common Pleas, No. 09.3289 Civil Perm
Premises: Z9:~ Srrtith Road, Sh.ippensburg, Pennsylvania 17257
Dear Sheriff;
As you know. the above-captioned matter is culTently scheduled for the September 8, 2010 Sheriffs Sale. 1
am requesting at this time that you stay this sale. Defendant is being considered for a loan workout. No monies
received,
In addition, please return the Writ to the Prothonotary and forward any refund due my client.
As acknowlt:clgment of this stay, I would appreciate your signing ur time stamping a copy of-this letter and
Fax inb the same to my attention. Thank you Pot yl~ur cooperation.
Very truly yours,
c~{/f
Glorta Itchel
' Paralegal
SENT V1A FACSIM]L)r TRANSMITTAL--N11M13ER 717-240-6397
SHERIFF'S OFFICE•RECTCVEll BY:
SIGNATURE
llATE