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09-3568
G 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 JPMC Specialty Mortgage LLC 10790 Rancho Bernardo Road San Diego, California 92127 V. Trisha L. Maxwell 306 S Enola Drive Enola, Pennsylvania 17025 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number o' 36W 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 Plaintiff is JPMC Specialty Mortgage LLC, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Trisha L. Maxwell, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 306 S Enola Drive, Enola, Pennsylvania 17025. On February 14, 2006, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Ameriquest Mortgage Company which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1942, Page 2925. 4. The aforesaid mortgage was thereafter assigned by Ameriquest Mortgage Company to JPMC Specialty Mortgage LLC, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 306 South Enola Drive, Enola, Pennsylvania 17025. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due February 1, 2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. The following amounts are due on the mortgage: Principal Balance Interest through May 19, 2009 (Plus $20.96 per diem thereafter) Attorney's Fee Late Charges Corporate Advance 85,082.49 2,947.80 $ 1,250.00 $ 251.52 $ 292.00 GRAND TOTAL $ 89,823.81 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $89,823.81, together with interest at the rate of $20.96 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: ?AA z'? Az?? Attorneys for P intiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: *4?r Attorneys for laintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE ROBERT .. 7IE' L!R RECORDED Or C?CU? lOO6 FIRR 7 PM 1 23 Prepared By: Ameriquest Mortgage Company Moore, Nalavadi 10600 White Rock Road, Suite 200-27 Rancho Cordova, CA 95670 Return To: Ameriquest Mortgage Company P.O. Box 11507, Santa Ana, CA 92711 Parcel Number: 09151291310 Premises: 306 S Snola Drive, SHOLA, PA 17025 l9paee Abe" Trli Line For Rawdleg Usti) MORTGAGE DEFINITIONS Words used in multiple sections of this document ere defined below and ether words an dePumed m Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document we also provided in Section 16. (A) "Security Insh ument" means this document, which is dated rebruary 14, 2006 , together with ell Riders to this document. (B) "Borrower" is TRISHA L. 141UNNLL, SINMA Borrower is the mortgagor under this Security Instrument. (C) "Lender" is Ameriquest Mortgage Company PENNSYLVANIA - Single Family - Fannie MsNFreddle Mac UNIFORM IN87MMENT Form 3039 1101 02/14/2006 2:21:00 0144023488-7427 AMaPA (oeoe) 'T L Ih Pop I of is VMP Morlpopo sa mom br- (OW)MI-rm 8t 1942PG2925 Lender is a Corporation organized and existing under the laws of Delaware LendWs address is 1100 Town and Country Road, Suite 200 Orange, CA 92868 Lender is the mortgagee under this Security Instrument. (D) "Note" means the promissory mote signed by Borrower and dated February 14, 2006 The Note states that Borrower owes Leader eighty-six thousand nine hundred seventeen and 00/100 Dollars (U.S. S 86, 917.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than March 1, 2036 (E) "Property" means the property that is described below under the heading "Transfer of Rights in the ley " (I) "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, phis interest. (G) "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 Balloon Rider Planned Unit Development Rider 1-4 Family Rider VA Rider Biweekly Payment Mar Other(s) [apc *] "APPikabk Law" mean all controlling applicable federal, state and local statutes, ordinances and administrative rules and orders (that have the effect of law) as well as all app le no- -1.1.1-judicial opinioars. (h) " Asaoeiatiion Dam, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium associ we, homeowners assocrateaa or similar on. ((? "Bischadc Faadaer" means any transfer of foods, other than a transactiaa gm sod by check, drag, or similar paper instrument, which is initiated d nrnh an eloctronic bezminal. bboaasiicc ia:htrment, uter, or magnetic ?e so as to order, instruct, or ?rorize a financial itratitatiaa to debk or credit an accamt Such term includes, but is limited ?t to, point-of-sale tranefefs, w4omated Geller machine moons, transfers initiated by telephone, win transfers, and automated clearinghouse transfers. " Racrew Item" area those items that are described in Section 3. , by) any Preccods" sn the covera other don dunndcellneous third party ( inura uesetdomont, r as ges_ odm n?bed is 5och ?ou for. t( ) damage to, or destruction of the Property; (ii) condemnation or other taking of all or any part of lre Property; (m) conveyance in lieu of condensation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. ANVA cows Paps za s Form 3039 1101 0144023488-7427 02/14/2006 2:21:00 B 1942PG2926 ".Loan. "Mortgage Insurance" mcans insurance protecting Lender against the nonpayment of, or dcfault on, (N) "Perlodk Payment" means the regularly scheduled amount due for (i) principal and interest under the Note pM (u"my amounts under Section 3 of this Security Instrumeat. (O) " *? morns the Raul Estate Sottleeoant Procedures Act (12 U.S.C. Section 2601 et aoq.) and its rmpleaa?aag Regghttiaa X (24 C.F.R. Part 3500 m m?ht be amemdvd 8noos truss to time, L A. (P) "Smosesor In Interest of Borrower" mesas an party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note sad/or this Security Instrument TRANSFER OF RIGHTS IN THE PROPERTY This Security Imtrumcat secures to Lender: (i) the repayment of the Lose, and all renewalk extensions and modifications of the Note; and (ii) the performance of Homower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby morgW, grant and convey to Lender the following described property located in the County ['type of P-CW R hrbdic mj of CUMEXALAND [Name of Rena ft )uisft ion]: Legal Description Attached Hereto and Nadu a Part Hereof. which currently has the address of 306 S Paaola Drive ZN= ("Property Address"): AMdPA MM 02/14/2006 2:21:00 [s"al [City], Pennsylvania 17025 [zipCodel d-?-M P* P UM Form 3039 1101 0144023496 - 7427 BKI942PG2927 TOGETHER WnW all the ' ements now or bere+ aaft erected on the , and all easements, appurtenances, and futures now oxfi her?atttar a put of the property. All :eplaoem?s and additions shall also be covered by this Security Instrument All of the foregoing a referred to in this Security Instrument as the _veaBORROWER COVENANTS that Borrower is lawfully wised of the estate hereby and has the right in mortgag grant and convey the Property and that the ? u Mo for pmlY against all encumbrances of ord narrower warrants and will defend generally title to the claims and demands, nnbject to may encumbrances of record. THIS SECURITY IldS'I1tUIu!IENT combines uniform covenants for nationd use and non uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering rest UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payseeat of bindpal, Interest, Zen" Bass, Pnpsyssent amwes, sod Late Charges. Borrower skull pay when due the principal of, and interest on, the debt qvWk6iced by the Note and any prepayment charges and late charges des under the Note. Harrower shall also pay tonds for Escrow Items pursuant to Section 3. Payments t o under the Note and this Security Instrument shall be made in U.S. cumnry. However, if any check or oduer instrument received by Leader as payment under the Now or thin Instrument is reAnmed to Lender unpaid, Lender may require that any or all subsequent paynneata Security under tine Note sad thin Instrument be made in one or more of the following forma, as selected by Lender: (a) cash; (y) mwncy?; (c) citified check, bank chock, tressu mss check or cashier's chock, provided an such chock a drawn upon an institatka whose deposits an insured by a federal agency, maisua y, or entity; or (d) Electronic Funds Ikensfer. Payments are deemed received by Lender when received at the locapoa deaipnated is the Note or at such other location as may be desiSnated by Leader in accordance with the notice Provisions in Section 15. Lender may return any or partial payment if the payment air partial payments an insufficient to insea$ciont to bring the Loan bring the Loan cumrraat. L may accept any payment or partial pal Mt current, without waiver of ann rah' b he:eumdrr a to its rng>>bs tO refuse such payment or partial paymsats in the finbure, but ender rs not %a?y ?such at the time inch paymnenb are accepted. If each Periodic Payment is applied u of its sch4dulad duo?thet bender used not pay interest on unannhed finds. Lender may hold such unappiied finds until Borrower mates payment to bring the Loan cumnt f Horrowar does not do so within a reasonable period of time, Lender shall can apply such fwxb or noun them to BesroWa. If not applied earlier, such funds will be ? to the outataadmg principal balance under the Note immediately ? to h aclosme. No offset or wbkh Burrows mi have now or in the future against Leader relieve Borrower Ma making ?yme? due under the N and this Security Insaumnert or performing the covenants and apeaneruts by thin Security Instrument. 2. Application of Pgmeab or Proceeds. as odmxwise described in this Section 21 all paymnanta accepted and applied by Leader "be in the following or der of (a) interest due under ire Note; () due under the Note; {c amounts doeuer mean 3. ?laymsab shall be applied to each Panodre ayment is the order in wbich it became due. Any rmaaioing amounnts shall be fast to late charges, second to any other amounts doe under this security Inatzunnemt, and then to =the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic P t which includes a sufficient amount to pay any late charge due, the payment may be applied to die payment and the late charge. if more than one Periodic Payment is outsts Lender may apply any Payment received froua Borrower to the repayment of the Podic Payments if, to the extent that, each payment can be paid in AM6PA race) Popp 4 d 16 Form 3030 1/01 0144023488-7427 02/14/2006 2:21:00 BK 1942PG2928 MI. To the extent that any excess exists after to payment is applied to the &H payment of one or more Parodic Payment, such excess may be applied to any late charges due. Voluntay prepayments shall be applied first to any prepayment chaps then a de)crlbod in the Note. Any application of paym oatsia , sua)noe proceeds, or Miscellaneous Proceeds to principal due tinder the Note shall not extend or postpone the due date, or cheap the s uaaud, of the Periodic Payments. 3. Funds for Eaersw Itwaaa. Borrower shall pay to Leader on the day parodic are due under the Note, until the Note is paid in frill, a sum (the "Funds") to provide for paymast? due for: (a) taxes and assessment and other items which can attain priority over this. Security Insbument as a lien or encumbrance on the Property; (b) lemehold payments or ground rent on ffie PmperiY, if any; (c) for any and all insurance required by Lender under Section S; and %d) Marfgye Irismraaee pmemrmms, V any, or air sums payable by Hanauer to Cortex in lien of the payment Moues of pnuniamss in accordance with the provisiuas of Section 10. These items are called "Escrow Items." At origination or at any time" the term of the Loan, Leader may rvgouo that Community Asaocirmioa Dues, Fees, and Assessments, any, be escrowed by Borrower, and arch dues, fee and assessments s>vil be an Escrow Item. Harrower shall prommpdy fundsh to Leader all nabcos; of snmouot to be paid under this Section. Borrower shall pay Leader the Funds for Escrow Items unless Loader waives Besrac's blgation to pay the Funds for any or all Escrow Items. Lender may waive Borrowat obit ioa to pay to Leader Funds for any or all Escrow Items at say time. Any snob waiver may only be in writing. In the treat of such waiver, Borrower shall pay directly, when and where payable, due amounts due for any Escrow Items for which payment of Funds has been waived by Leader and, if Lender )requires, shall furnish to Leader receipt evidencing such payment within such time period a Lender may require. Baaowefa obligation to make such payments and to provide receipts sW for all purposes be deemed to be a c ovenent and agreement coatamed in this Saucily Instrument, as the phrase "covenant and speement" a used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower Meals to pay the amount due for as Escrow Item, Lender may exercise its right under Section 9 and pay such amount and Borrower :ball then be obligated under Section 9 to repay to Lender a?? such smoaat. Leader may revoke the waiver as to any or all Escrow Items at any time by a notice gives is accordance with Section 15 and, upon such revocation, Borrower start pay to Leader all Funds, and is such amounts, drat an then required under this Section 3. Leader may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the ponds at the time specified under RESPA, and (b) not to exceed the maxi un smoa st a lender can require under RESPA. Lender shell esbr mite the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, ? (?ha Leader ? Lender, if Leader is an i?utian whose depoa? an so insured) or in any apply the Funds to pay the Escrow Item no later than the time specified under RESPA. Leader shall riot chap Borrower for hording and spplying the Funk, annually anal the escrow account, or v &crw Items, unla+s Lender P"s Funds and Applicable Law permit Dada to make such a charge. t3nkts is Mader in writing or Applicable Law requires interest to be paid on tie Funds, Lender d ell anotn be required to pay Borrower any nutrias. or earnings on the Funds. Borrower and Lender cm agree in writing, however, that mtcrest shall be rrwr;T in MWA (oboe) PMPS d 16 Form 3039 IM 0144023488 - 7427 02/14/2006 2:21:00 BK ! 942PG2929 paid on the Funds. Lender shall give to Borrower, without charge, an annual accamting of the Funds as required by RESPA. If there is a suuphhs of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to makes up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If time is a deficiency of Funds held in escrow, as defined ender RESPA, Leader shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amamt necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payment. Upon payment in full of all sums secured by this Security Instrument Lender Jodi promptly refund to Borrower any Funds held by Lender. 4. Charges; Lena. Borrower shall pay all taxes, asses, char^ fines, and impositions attributable to the Property which can attain priority over this Searity Inserwdent, leasehold payments or grand rents an the Property, if any, and Community Association Dues, Fees, and Ate, if any. To the extent that time items are Escrow Items, Borrower shall pay them in the menner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower. (a) agrees in wrrtiog to the payment of the obligation seemed by the lea in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lenddet's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) seeuues from the holder of the lien an agreement sati act ry to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to alien which can attain priority over this Security Instrumen% Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification andlor reporting service used by Lender in connection with this Loan. 5. Property Iut ranee. Borrower shall keep the improvements now existing or hereafher erected on the Property insured against loss by fire, hazards included within the teem "entsanded coverage," and any other hazards mchhdm& but not limited to, =6quskes and floods, for which Lender roW res insurance. This insurance shall be maintained in the amounts (mchuding deductible levels) and for the periods that Lender requites. 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 sabjeet to Landoes right to disapprove Borrower's choice, which tight shall not be exercised umessonsbly. Lender may require Borrower to pay, in counwdon with this Loan, either. (a) a one-tine charge for flood zone debemmination, certification and ttaclvng services; or (b) a one-time charge for flood zone determination and certification services and wit charges each time remeppings or sunilar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. T M AWAems? pp,ed?s Formes 1101 0144023488 - 7427 02/14/2006 2:21:00 ,Bt 1942PG2930 If Borrower fails to maintain any of the coverages described above, Leader may obtain insurance coverage at Loader's option and Borrower's expense. Lender is under no obligation to purchase any particular or amount of coverage. Uwdwe, such coverage aba f? Louden, but might or nu* not protect B and B?orhrotwer's agaity greater in the ar Property, or the ! m -1 F -I than suss • against my dd; Imid Mwer coverage in effict. Borrower ackn e e s that the oosstt v of the insurance coverage so OMMA-Mu air y axcesd the cost of inautaacx t Borrower could have obt inod. Any smoumts dbb m Landes under this section S shall become additional debt of Bommor seared by this Security Instrument. Mum as orb *a bear interest at the Note rate from the date of dsbursement and rhea be payable, with such Werest, upon notice fives Lender to Borrower ref" All insurance policlas required by Lender and renewals of such policies shall be subject to Lender's s right to dtapprove such o?, shall include a standard mo p clause, and shall name Lander as or sa as loo payco. I.orncbr shall have t5e -right to hid the votiwss and renewal If L order require:, Borrower shall promptly give to Lender all ro mk* of laid and renewal notion. If Borrower obtains any form of inamme coverage, not odnerwrsa requa+sd ,for dsmage to, or destruction of the Property, such pow shall include a ataadard maregage close and shall name Lender as mortgagee andVor as an In the event o Borrower shall??rve prouqpt notice to the insurance carrier and Lander. Lender may make proof of loan if not made pyy by Borrower. Union Leader and Borrower od wiso am in writing, any insurance proceeds, whether or not the underlyiog ins raw was required by Lender, a6aD be applliieedd to restoration or repair of de Property, if the restoration or repair is economically fessible sad Leader's security is not lessened. Durmi such ruspair and restoration perk4 Lender am have the right to hold such insurance proceeds until Leeaor has had an oppoctnadty to inspect such to ensure the work has been completed to Lender's sadafiction, provided that such iuspectioa u be undeeisten promptly. Leader may disbane proceeds for the repairs and restoration in a aingla or in a series of progress payments as the work is completed. Unless an agressout is made in s le Law requrea nntaeet to be paid on such insurance proceeds. Leander dhalt not be regaieed to pay Do per any inta+est or aaninga on such procceds. Fens for public s s, or other third patios, retained by Borrower ahsll not be paid out of the inatranoe proceeds sad shall be the aolo obl*dou of Borrower. Uthe restoration or repair is not axrn aescal yl feasible or Leswbr'a security would be laaaned. the iaananoe p oceeds shall be applied to the sums and by this Security betru aK whew or not thsu due, with the excen, if any, pad to Borrower. Sisson inanancx proceeds :ball be in the ord=8M far in Section 2. If Borrower abandous the Property Lender ma?? in availibks imnuance claim and related mattas. N Borrower don not respond within 3Qe? a notice $om Lauder that the insurance carrier has olliered to settle a ch?im, then Lender may negotiate and nWe rho claim. The 3044 :period will begin when the notice is given. In either event, or if L acgwn the Property under Section 22 or otherwise, Borrower heresy =under Leader (a) Borrowers rights to say to m mace p ooeeds in an amount not to exceed the amounts unpaid ands the Note or this Security I)aWums.." and (b) any other of Borrower's rights (other than the right to any refimd of unsa mud presume paid by Bostawer) under all insurance policies covering the Property, insofar as such rights era applicable to the coverage of the Property. Lander may isle due inscran<x prooeals either to repair or le tore me Property or to pay amounts unpaid under the Note o tthis Security monument, whether or not then due. 6. Occupaw. Borrower shall occupy, establish, and use the as Borrower`s principal residence within 60 days after the execution of this SeaZ Ioahument?shall continue to spy the Property as Borrower's principal residence for at low one year after the date of occupancy, union Lender e, W EA AWA (cans) Pap 7 ar 1a Form 3039 1101 0144023480 - 7427 02/14/2006 2:21:00 8K 1942PG293I otherwise agrees k writing, which consent doll not be unreasonably withheld, or unless extenuating circumstances exist which we beyond Borrower's control. 7. Prenerradw Maintenance and ProWdlen of the Property; Incpeetlems. Borrower shall not destroy. damage or impair the osrdmgym We ope?t r allow the Property to deteriorate or commit waste on the operty. Whdber or not Borrower s r Property, Borrower shall maintain due Properly in order to prevent the Property f vin deterioradmg or decreasing in value doe to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not fesdW Borrower dull promptly --pair the Property if damaged to avoid fonthar deleriaation orhamramoe or caodeatoatlon are paid in connecaoa w0h damage to, or tie taking ef, due Property, Borrower s>taU be or restoring tie Ptaferty only if Iradar has refaced proceeds for rich puiposes mmttyy procamb for tie and restaratioa in a single payment or in a aeries of pcogras paymeoob IS the work is completed. If themwrance or eondemoation pzoceeds are not sufficing to rspait or restore the Property, Borrower is not relieved of Borrower's obligation fa tie campelion of such repair a restaabom. Lender or its agent may make reaooabk e;Mrioe --pan and inyuectidam of rho Property. If it has reasonable cause, Lender may inspect the interior of the impuovemenban the property. Larder shall give B o r r o w e r n o t i c e at t h e timeoforvrior to rich an rote-'-- imaecfaan . ouch reaeaaabite cause. 8. Borrower's Loan Appfieatiaa. Borrower Ball be in desalt ii; daring die Loan appfication Borrower or any persona or entities acting at the direction of Borrower or with Bwowes of consent gave materially false,?err inaccurate Worm rim of statements to Is; (or to provide Lender with m>tiorial k connection with the Iran. ll?tecial 9=41504rk? inclose, but are not limited to, reprottnhtlona concerning Borrower's occupancy of the Property a Borrower's principal residem. 9. Protection of Iwnder's Inbred in the Property and RIOU Under dds Security Iastrsm L If (a) Borrower faib to perform the covenants and in this Security I (b) there righb under this is a legal proceeding that might dlgn&andy ai8irct Linda's 61, in the Property aadlor Instrument (sack as a proceeding in ,probate, for andoraation or forge, for Security enforeenent of a lien which may attak priority over Instrw aat or to eases laws or ? or (c) Borrower has abandoned the PropatY, then may do and pay for whatever is Pie real Lease's kI in the Property and rW* under this Security Instrument ins and/or assessing the valor of the Property, and seeming andka n 1 Property. Lender's actions can include, but an not limited to: (a) any sums accord by a L has priority over this Security Instrument; (b) m court; Mau (c) payer reuodabfe ' fen to protect its interest in the Property and for Security ImtraQvid mchutim its= aposition in s banlmiptcy proceeding. Securing, Prrooperty includes, but is not limited to, entering the to make repairs, change locks, replace or bond lu_ dodxa and widows, drain water Soma pipe. building or other code violations or dangerous coau?iasua, and have utilities turned on or off. Aldrough Lender may take action under this Section 9o I.atder does not have to do so and is not under any dirty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. may amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secure:d:d byy the Security Instnumt. These amounts shall bear interest at the Note rate ftom the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Inatrument Ia on a leasehold, Borrower shall comply with all the provisions of tie lase. If Borrower acquires fee tide to the Property, the leasehold and the fee title shall not merge unless Lander agrees to the marger in writing. Ltk AMOPA OW) wa e a ?e Form 3039 1101 0144023488-7427 02/14/2006 2:21:00 OK 1942PG2932 10. Nle gage Inawzwr. If Larder requited Montgage Insurance u a condition, of making the Loan, Borrowers pay the premiums required to ? e MMo - Imo in e?ock Ii; for any rewon, the Insora ce coverage required by Lader cases to beavailaae fram the mwtW smanvt that pr?Wrlnovided such insurance and Borower was to mob 1 11 1 PaY? toward the prenmums for Ma?t?ge Inauanc e, Borrower s? the preatiuals to obtak coweragc substantially equivalent to the Mortgage peeviousy,in effecx. at a cat egtsivalent to the cost to Bonvwer of die Mastpge Insurma pravioaeiy n effect. from as ah me mastliago irrrrn+er selected by Lander. If mbdub-dly egeiwlemt Moatg?e Dana coverage k not evaVeW Bdmbww shall continue to pay to Lender the amount of the npwatdy des pded payments dw were due abet the insurance coverage cased to be in effect. x wi71 use and retain these payments as a non-rdiumMle loss reserve in lieu of Mortgage hmuce. S" lass reserve silt be non-:efuadabk, notwitlutanding the fact that the Loso is uttimataly paid in full, and Leader stall not be required to pa Borrower any interest or arniags an such loss reserve. Loader can no law rsquias loss restive payment U M= bmance coverage (n tike amount and for d w period Obit Lender ra0m) povkbd by = insurer seby Lender stain becomes avsotlabk, is ob4emed, and Lender obw ly payments toward the premium for Mortgage Inananc e. If I.aader Imuaadw*wded c e u a camdition of malting tie Loan and Borrower was nqukvd to make paymarht toward the premiums for Mortgage Insurance, Borrower shall pay the In- IVN"UW to Mortgage Insurance in effect, or to provide a non-refund" loss reserve, use T-andws for Mor!age Insurance ends in accordance with any written agreement between, Borrower and Lender for such termination or until termination is requued b? pppUcabk Law. Nothing in this Section 10?wez's obligation to pay interest at tie rate provided in tie Nine. (our entity that .purcl ues the Note for ca tsin losses it may Mortgage Insuraaa reimburses Sa incur if Borrower does not repay the grBorrower u ot a party to firs Moripp Inanance. Mortgage insurers evahu to thefir on all suck insurance in force from time to time, sad may enter into agreements with other parties fiat shoe or modify their risk, or reduce losses. Tbew agreements are on terms and conditions that an satisfcetory to the mortgage insum and the attar party (or parties) to these a emeuts. Tbcw agreements nay retryae the insurer to ante psymrats uamg ?}r source of funds that the mortgage insurer may have available (w6icb may include tdnda obtaiaod 5vm Mortgage Insurance Premiums). As a result of these agreements, Lender, an,+ puu+ciuar of the Note soother insurer, any reinsurer, any other entity, or any affiliate of any of tie foregoing, may receive (directly or or'tgags i) smoumer flat derive from (or mu & be ahsraeterized era) a pordiert of Borrower's payments fa Mn excbang0 for she wg o)r modifying the mottgctge it rar's risk, or reducing Iowa. If soap agnaaseat.provides dot an affiliste of Lender takes a Shan of the imsu sn s risk in exchange for a "e of flee premlcm>s paid to the insurer, the nrangement is often termed "captive refawz?oe." Furdher: (a) Any ss)eb agneosaab wM not affwt the arwnsts Ubat aorrrwar bas agreed to pay for Mortgage Insn urn, or any odw r tunas of the Lean,. Sub apyaJanI wM tat erase Use ammut Borrswo w® owe for Mart" Irgwwa, aai tboy WE tat arrtNls Tt?rrarsc to wq Wood. (b) 4y such agreanetrt: sum iat a!#1d i? Iierraw?er bas - it an+ - with re t to the Mort?e Iatsa ax a under the Head rs Act of M a a" egwr kw. Tbm r1gbb may fndaie the rlgitt to radve cwtoln disdoaurs, to rcgnsst Jai obtain aaaSsliea of the Mortgage Insnrana, to bave the N eripgo Iwaruse ts?sated sa/oresatien ly, saver to rueadve a rdlrnd of any Mortgage Insnramee premiums that were unearned at the time of such csnee0adon or termination. woftl M AM6PA (ases) Pa"gorle Form 3039 1101 0144023468 - 7427 02/14/2006 2:21:00 1 OK l942PG2933 11. AnIgnmeatt of Nbeel umous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby to and shall be: die Property is d m god , such Miscellaneous Proceeds shall be applied to natoseiioa or repair of the ppl?yy, if the rodmation or repair is economically feasible and Londftft is not loesaoed. During ach - ''r and rwbcastioa paiod? hander shall have the right to hold such Mis©allimmus Pcoeeeda inil Le W has bad a to m?e t auh Property to onsets the wodc his been completed 6a Lender's satisfaction, nthat finspecttan stall be nodertalosn praa %my. Linder may pay for me ropsiss and reeioaation in a e diabuuaa not or in series of progress payments as the work is completed. Union an agreement is madi in writing or Law ru?hmes inherent to be paid on such Miscellaneous Pnxooeds, Condor shalt not lea to pay Borrowerititbnt or aarnisap an such Misoelleaeouus Proceeds. If the restoration or is not moisomially fanble or Landoes sec y would be lessssod, the Miscellaneous Proceeds shall be applied . the sums secured by this Soani#1r Inatrhmuaat, whether or not then due, witb the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the orderpmvided for in Section 2. the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Iffitrament, whether or not then doe, with the excess, if any, podd to Borrower. In the event of a partial talong, destruction, or loss in value of the Property in which the fair market value of the ply immediately before the partial , destruction, or loan in value is equal to or greater than the amount of the sums secured by We Seca?ority bstrumant immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise in wrrtahg, the soma secured by this Security histrument shall be reduced by the amount of the M' eous Ptooeeda multiplied the following fiaction: (a) the total amount of the rush secured immediately before the partial Won& doatructiar, or loan in, value divided by (b) the fair market value of the Property immediately before the partial baking, destruction, or loss in value. Y balance mall be paid to Harrower. In the avow of a partial dong, destruction, or loss m value of the Property m which the Sir market value of the Property mutely the partial tialdep destiuctioo, or Ions in value is less than the amount of the sums secured immediately before die p taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the MiscoUnwooa Ptoceods shall be applied to the sums soared by this Security Instrument whether er not the sums are then due. If the Property is abandoned by Borrower, or K after notice by Lender to Borrower that the Opposing Party (as defbsed in the neat aaa*=) offers to make an award to settle a claim for damspea, Bortowec WIs to respond to Leader within 30 days after the date tie notice is given, Leader is sudicafi ed to collect and apply the Miscellahheoun Procaoda either to restoration or repair of the Ptopmty or to trio sums secured by this Insbmnaat, whether or not then due. *Opposiq Party" morns the third party that owes 13orm?iaeellanmoa Proceeds or the party against whom Borrower bas 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 fadWture of the Property or other malarial impairment of s interest in the Property or rights under thus Security laattoment. Borrower can care such a de8ult and, if acceleration has occturad, rate ss provided in Section 199,csruing the action or proceeding to be dismissed with a other material imrnxnt of that, in Leader's ludgaheat, ?prectudes off the Proper a interest in the Property or under this Security Imutrisamerht proceeds of any award or claim for that are attributable to impairment of Lender's inaeraat in the Property are hamby assigned and slallbe paid to Lender. NN@WTL. 0 t AM6PA (oboe) Pw to d le Form 3039 1101 0144023488 - 7427 02/14/2006 2:21:00 BK 1942PG2934 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 Leader Not a Waiver. Exteneian of the time for t or modification of amactiz Lion of the seas secured by this Security by header two or any Successor in Interest of Borrower deaU hat oparste to release the of Bomwer or !My any Successors in Interest of Borrower. Lander shall not be regarited Oo oomaraKe spinst Successor in Interest of Harrower or to ruse to extend time for payment or amsoltz n of the sums secured by this Security Instrument by reason of demand made by the otiSW Basrawer or any Successors in Interest of Borrower. Any foebasanc:e by in examisins day tit or remedy including. wilboat limitation, hander's acceptance of payments firm thud persons, ea I or Successors in Interest of Borrower or in amounts less than the amount then due, shall rat be a waiver of or preclude the exercise of nay right or 13. Jobt and Several & ty; C Sumssssers and Assips MOMOL Borrower covenants and agrees that Borrower's obi and =" be joint and seveisL Howrev?r? any Borrower who co- this Security hnstrvment but does not execute the Note (a a is this the % Security Sec known" only to g? and convey the co-dPoes in do 100det terms of this Sec ray ply obligated to pay the sums secumed Instrument; and c) agrees th at sod any o&w Borrower can agree to ahead, mod*, fabear or nuke any aecorronodations with regard to the teems of this Security Instrument or the Note widiM the consignees consent. Subject to the provisions of Section 18, any Successor in Interest of Harrower who assumm Borrower's obliSstoms under tLis Security Instrument is ' ' and is apppoved by Leader, :hail obtain an of shall not be released from cnnty Instrument unless Lander agreee to such release in Borrower's and liability under this Sew writing. The covensrds and a of this Security Instrument shell bind (except as provided in section 20) and benefit the successors and assigns of Leader. p in connection with 14. Loan C MgpL Lender may charge Borrower fees for services Borrowees deflauk for the puke of protecting Lender's interest in the Property damd vn0ft under this imspeeaon and fees. In Security Int, iiachhibut not limited to, attaracYs' foes, pnqmn? ifl foe regard to any other fee:, the nce of emirs" ty m this Security to charge a Spec c to -Borrower shell not be construed as a pition=on : of such fee. Lender may not charge fees that are expressly prohibited by this Security Instrument or by? Law. If the Loan is subject to a law which sets maximum loan and that 4w is finally imeapreted to that the interest or other loan chasm collected or to be collected in eooneetion with the Lam exceed the permitted limits, then: a) arq?such loan cbarp shall be reduced by dw amount necessary to reduce the limit; and (b) any am already collected from Borrower which exceeded permitted chaise to are permitred limit will be refunded to Borrower. Leader may clwose to maloe this Island by the prirrcrpal owed under the Note or by making a direct payment to Hommer. If a retied tod ices pe?in4d, ilea redaction will be trailed as a partial prepayment without any prepsyaha?t chugs (whatluss or not s p raw charge is pprroovided for under are Note). Borrowers acceptance of any such refired made l redua payment to Borrower will constitute a waiver of any right of action Borrower might have out of rich overcharge. 1S. Nedra. AU notices given by Borrower or Leader in connaclnosn widr d Iestrament must be in writing. Any notice to Borrower in connection with this Seca* Instrument d D be deemed to have been given to Borrower when mailed by first class mail or when sctuaRy dshvered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless rriw.:l L Ill AMaPA uoam P.o. tI d Is Form 3009 IM 0144023409 - 7427 02/14/2006 2:21:00 OK ! 942PG2935 Applicable Law cgmd requires otherwise. The notice address shall be the Address unless Borrower has designated a substitute notice address by notice to Leader. Baero ww pronq* no* Leader of Sormwefa change of eddies. If Lender a procsdure , address, then Borrower doll only report a c o address tMoa? tldt ?y one desired notice a&lrass under ? Cecurity Tttument at say sae time. Any notice to Lender shall be given by deli vering it or by r w1ing it by first clay nuil to Lender's a"M stated hsrehn unless Lender has ano&w addteq by notice to Harrower. Any notice in comoctian with rhos Security Instrument :ball not be doomed to have been given to Leader until actually received by ender. If any notice by the Security Iastiumment is also carder A? e beLaw, Appliaib regdaremen q? W'A"F; R" of C=Wndon. This Socurby Instrument shall be governed by fedasilaw 02 tha law of the jurisdiction in which the property is located. All ? ad ohs contained in this Security Insuu ment sro subject to airy regrceanenb asd liomitstiow of Law. e Law might explicitly Of ? allow die parties to s8+es by comma or it be st'lent, but ssience shall not be constmed as a prik ition sisi st by commit. In the ovent that any provision or clause of this Security Instrument or die Note with A- Pliaibla Law, such tea shall no affect other prorprovisions of this Security Insttumait or the Note which can be given ervect widiaot die conflicting As used in this Security Instrument: (a)) wads of the ma culme gender shall mean and include neuter wads or words of the femianae gender; (?) words in die singular shall mean and include the and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security instrument. 18. Trawler of the Property or a Boirdidal Intrust la Borrower. As used in this Section 18, "Interest in the Property" mesnis any kcal or beneficial interest in the Prarp??tnc>stdng, but sot limited to, those beneficial intaasts dnmsferred in a bond for deed, contract fa d? lnstrl>oasat area contract or escrow agreement, the intent of which is the trader of title by Borrower at a data to a purchaser. If all or any part of the Property or any Interest in the Prope ty is sold or tratsfiared (a if Bonower is not a natural person and a beneficial interest in Borrower a sold or transfaaed) without 1 enda'5 prior written consent, Leader may require immediate payment in full of all am secured by this Security Insum moat. However, this option shall not be exeneised by Leader if such exercise is prohibited by Applicable Law. If Leader exercises this option, Leader " give Borrower notice of acceleration. The notice shall provide a period of not eu than 30 days from the date the noticeagm?o accordance with t ? rtes within which Borrower must 'all sums secured by the Seerttity W&UMML sums prior to the expiration of this period, Lender may invoke say ramadin permitted by ZSP=. Insbuinent without I deer notice or den isad an Borrower. 11. Borrower's RW to Raiastate Agar Aoederadon. If Borrower assets certain conditions, Borrower shall have the right to have enforce n of of die Security Inst unwat discontinued at any time priaf to the arliest of: (a) five days before sae of the m my pourer of sale contained in thia Might Security wiranment; (b) such other period U Law specify for the teramimtian of Borrower's right to reinstate; or (c) entry of a ' , eef'otcing this aius* Iostrssamatrt. Those conditions are that Borrower: (a) pays Leader all amiss w? water be due =dear Nil Security la teuerent and the Note u if no acceleration had occurred; (b) cuts my default of ary other eovenaata or a eamants; (c) pays all expenses incurred in enforcing this Security Inatzi , 01 including, bat not limited to, resaonable ,,,W T k*\ AMaPA mm) Pop 12 or 16 Form 3M UM 0144023488-7427 02/14/2006 2:21:00 BK t942PG2936 ' fetes, property inspection and valuation fees, and other leas incanted for the Paq of protecting interest in the Property and T*011 under this Security tastruashat; and ( takeu< such action as Lender may reasonably requse to assure that Leach's interest in the and V1W under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Ia>teame.. don continue unc Lender that Baanwar ply arch reimeto smrs and in one or more of y off: lei brdc aback, die UL forms 5= by Lender. is) ?: N) mom tressurees check or cashier's check, provided any such check is drawn lu? sa histitation whose deposits are insured by a federal agency. Wtr m cutBlii?y or eatity; or (d) Ela:ororaia T'MWhr. Upon moment by Borrower, this Security Instrument and oblyatie?s secured beseby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the can of acceleration under section 18. 28. Sale of Note; Change of Loan Servkw; Notice of Grlevemm The Note or a meat in the Note (together with this Security Instr?t) can be sold am m more rinses wApnor notice to Borrower. A sale might result in a change in to artily (known as the "Len Sarvical that cWbM Periodic Ps due under the Note and Ode Security Interment and perlbana other ban servicing obligations under the Note, this Sec city tin t, and Law. T'bom also be, one or mmir e changes of the Loan Servicer unnWed to a sale of the Ake. If there is a charge of Loan 3ervicer, Borrower will be given written notice of the cbmage, which will state the coma and address of the new Loan Servicer, the address to which payments should made and my otbar infonndion RESPA regwres in connection with a notice of transfer of sem*cmg. If the Note is sole anti the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage ban sag obi to Hocrower will remain with the Loan Servicer or be tran wed to a sacc oar Loan Shvicor and are not assumed by the Note w unless offiawise provided by the Note purchaser. either Borrower not Oder may commence, join, or be Job d to any judicial action (as either an indh idol litigant or the member of a ekes) that arses Eros the other part's actions pmsuaat to this Security Instrument or that alleges that the other party has breached say provh m oC or any y owed by reason of, this Security Instrument, until arch Borrower or Leu?dear has notiiiad the other peaty ?wi? wch notice given in compliance with the of Section 15) of such alleged bubaeh and Ibosded the other party berate a reasonably RaW thevi? of suds notice to take cobvdive action. ff. Law provides a time which mast elspsem certain action can be taken, tint time deemed to be of the paragraph. The nodoo of accelastim and opportunity to core to BorrowreosmWfWftoi erp odioction 22 sad the ix" of acceleration given to Borrower Puna" to 18 ahall be 3eemedto satisfy the notice and opportunity to take caroctrve action, provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances!' an those substances defined as toxic or hazardous substances, polbitants, or wastes by F.nvi vorneatel Law and the following substances: gasoline, kerosene, other flammable or toxic potroleam p m&w- s, bete Padcides and herbicides, volatile so vi eias, materials contstaing abe" or fomnldd**- and radioactive materials (b) "Environmhrtsl Law" means federal laws and Gws of the imisdictim abase the is lasted that relate to ? safety or envue l protection, c) " G "? any response vi. action, r action, or removal action, as I PH in Bnvir?ora?ntral Law; sad (d) an Condition means a condition that can cause, comtribute to, or odw 11se truer an ?? Borrower shall not cause or peruid the pzmol , use, disposal, , or rouse of any Substances, or threaten to release any Hazatdow Subspmtxt, on or inl the . Bever " not do, nor allow anyone else to do, anything affecting the Property (a) that is in vro on of any Environmental ef k rn AWA (ow) ftp 13 of 16 Foes 3Y M 0144023488-7427 02/14/2006 2:21:00 t -TOM BK 1942PG2937 Law, ) which creates an Environmental condition, or (c) which, due to the prance, use, or release of a H 3ubaanw, moon a condition that adversely dicb the value Am m ptpmyt 1Le pnaoceding two senteaoes shall not apply to &a presence, use, or storspe on the of sorU gsfam of Horaidous Substances that an peaenlly recognised to be Vigb 10 nornyal ragWW uses and to mairMnince of subshrncesis consuamar the Property ( uWins but not Fawww0s). Borrower shall promptly give I.eeader written notice of (a) any rove ion claim, demand, lawsuit or other action by any govcinm n l or 1e1101te1Y age y tar private p?tyr the Preparty and any Hazardous Subsance or Eavirmonumenal Law of ?wMch HarroarK- bAS? 1mow?a. (b} any Environmental Condition, including but not limited to, any spry, la> ?, dischngs. M R - P or twat of release of any Humdoua Substance, ad (c) any confirm cawed by tits presseee, on or release of a Hazardous Substance which adversely affects the value of the Property. If Boavww learns, or is notified by any goverhuaeatal or tegulatrtry authority, or my private party fist any removal or at3her remediation of any Hazardous Substance affecting the Property is necessary, Barr+ower r>rll ptnatpdY taha an necessary remedial actions in acoordancc with Bnvirormm otal Law. Nothing herein shall crass any obligation on Lender for an Eaviroumenbl ckow. NON-UNIFORM CO Borrower and Lender ivrt? covenant and agree as follows: 22. Acedwall n; Remedies. Linda' shalt gtre nedee to Borrower prior to saedwadon isBawing Borrower's breath of any covenant or spiamm of In ties Security Ie aasn (bit met prior to aeedwatlon under, Section 18 aol law provides of or wirrt? Leader diall soft tiNup: (s) t>w )flee aeMosn to two an dealt; (e) when odwr Borrower, 04 the "um urinal be cured; 16W (d) that wore to care tbeu z as 9sollkd auy result tiin sakaceelof a the Prop". of the some Loodwuroll hrrdw 1 Z:= aCaeesiw?ien and the right to assert In the foredosere prom" the son-exiolosee of a 400 or sty ottinar daiaae of Dwrower to acceleration ass ior"bo ?. 1J dsfm* Is net eared m Leader at Its option may require imurediate payment In 1411 of A suer secured bb?y? this ? without shall fo-tbar deasnmd and may formless tbia Iuedrmaent by iuiWai entitled to collect all crimson Incurred in the romedss pranWed this Sodko hlseeriiug, but not Hositsd to, stterneys' fees sad costs of We a MMN to the carters pa'usittsd Law. 23. Release. Upon of all am smured by this Smoky Iastromen% this Cunly huhummu and the ertate conveyed terminate and become void. Afar scab occurrence, Lsadar damn and satisfy this Security Instrument. Borrower shall pay any reeosdation coals. Leader may charp Borrower a fee for nl this Security Instrument, but only if the fee is paid to a third party for services rendered and the cbming of the fee is permitted under Applicable I.aw. 24. Wain m Borrower to the extent ?ermutted by Applicable Law, waives and releases any error or defects in proceediggs to emit & this Seaurty Inatrunwit, sad hereby waives the benefit of any present or hosaat Prove stay of execution, extension of time, exemption from attachment, levy end sale, Ron and Al- 25.1 ustatet PPeriod. Borrower's time to reinstate provided is Section 19 slash axioms to one hour prior to the cwt of bidding at a sheriffs We or other sale to this Security Instrument. 26. pwvbass Money Mortgage. If say of the debt securedthis Security Instrument is lent to Borrower to acquire tide to the Property, this Se lft'y boom" shill a lru+cbao 27. Interest Rate After Judgment. Borrower agrees that the inlet?at rate pt " a is entered on tha Note or in m action of mortgage foreclaure asap be the rate ptyabii hum time to time under the Note. wbw l? V-0\ AM4PA pmt P,a,14 d 16 Fomh 3030 1101 0144023488 - 7427 02/14/2006 2:21:00 t 8KI942P'G2938 BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants conamed in this Security Instrument and in any Rider executed by Borrower and recorded with it. Wit usses: (see) (/ J e aH. TRISHA L VAMLL -Borrower (Seel) -Borrower (Seal) (Seal) -Borrower -Borrower (Seal) (Sad) _Boffower -Barower (Seal) -Borrower AI A mm) 02/14/2006 2:21:00 - (Seel) -Borrower Pape is of 1e Form 3019 1101 0144023488-7427 OK,i 942PG2939 COMMONWEALTH OF PENNSYLVANIA 04*#44,4,W County so: On this, the 15 & day of Q fga ft c., 'Z064 before me, Day Mmysir the undersigned officer, personally appeared T n s 004 ( l1 A k A0 &L<- known to me (or satisfactorily wm) to be the person(k) whose nwns( istsks?tx?ibed to the within instrument and acknowledged that hefsholhey ex6cuted the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: 1 / / & /2-COI 7 NOTARIAL SEAL JEAN BURSON, NOTARY PUBLIC ICWI Y O F ENOLA, CUMBERLAND COUNTY COMMISSION EXPIRES JAN. 16, 2007 Certificate of Residence Tide of Ofterd I, 7 r Yl ea m, Iv ^tpw ^dA- , do hereby certify that the correct address of the within-named Mortgagee Is AT7'Yl6,-y qu4xr loom Witness my hand this day of ie moo to Day Set )ILA? Agent of Molowee . 000001440ZMSO ISDI TIG 400.16PA (1044) PqP 16 d 1! 0144023488- 7427 02114/2008 2:21:00 PM 8I942PG2944 ORDER #: 5112165 EXHIBIT A ALL THAT PARCEL OF LAND IN TOWNSHIP OF EAST PENNSBORO, CUMBERLAND COUNTY, COMMONWEALTH OF PENNSYLVANIA, AS MORE FULLY DESCRIBED IN DEED BOOK 243, PAGE 549, ID# 09151291310, BEING KNOWN AND DESIGNATED AS METES AND BOUNDS PROPERTY. DEED FROM JOEL B. KOSER AND NANCY L. KOSER, HUSBAND AND WIFE AS SET FORTH IN DEED BOOK 243, PAGE 549 DATED 044MMI AND RECORDED 048712001, CUMBERLAND COUNTY RECORDS, COMMONWEALTH OF PENNSYLVANIA. I Ccl-iii.- .''r oe rctxrded In Cumbcrl.•" County PA Page 2 of 8 Rcc:er?ler of Deeds a IJI 701 14?7 *a7 Sheriffs Office of Cumberland County R Thomas Kline titr pt L' Irl"bpr @ 1:UWdru L aulluipp Sheri Solicitor Ronny R Anderson Jody S Smith Chief Deputy OPPICE,'" r E : "ERIFF Civil Process Sergeant SHERIFF'S RETURN OF SERVICE 06/02/2009 07:09 PM - Ron Hoover, Deputy Sheriff, who being duly sworn according to law, states that on June 2, 2009 at 1909 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Trisha L. Maxwell, by making known unto Tod Wheeler, adult in charge at 306 South Enola Drive, Enola, Cumberland County, Pennsylvania, 17025 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $41.50 June 04, 2009 SO ANSWERS, R THOMAS KLINE, S ERIFF Deputy Sheriff 2009-3568 JPMC Speciality Mortgage V Trisha Maxwell ??? ? cry ?n tj b~ 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 CAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 1.9109 (2151 790-1010 JPMC Specialty Mortgage LLC Plaintiff v. "Trisha L. Maxwell Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2009-03568 ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 05/20/09 to 07/07/09 $ 89,823.81 $ 1,027.04 Total $ 90,850. 5 ~.c TERREN E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE Attorneys for Plaintiff AND NOW, this day of , 2009, Judgment is entered in favor of Plaintiff, JPMC Specialty Mortgage [.LC, and against Defendant, Trisha L. Maxwell, and damages are assessed in the amount of $90,850.85, plus interest and costs. BY E P OT ON RY: 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 # 344] 9 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (21.5) 790-1010 JPMC Specialty Mortgage LLC Plaintiff v. Trisha L. Maxwell Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2009-03568 AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. The undersigned, being duly sworn according to law, deposes and says that the Defendant, Trisha L. Maxwell, is not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendant, Trisha L. Maxwell, is over eighteen (18) years of age, and reside as follows: Trisha L. Maxwell 306 S Enola Drive Enola, Pennsylvania 17025 SWORN AND SUBSCRIBED BEFORE ME THIS _7`h _ DAY OF JULY , 2009 N 'A Y PUBLIC COMM~h'"''E.L7H OF `' "'"~~"iVANIA ;L Shelit~ _ynn Gask', ';_,:," c City ofPhiladelphi~ ,~;iaC~unty MY COMMISSION ~;. '_NE 12, 2013 TERREI CE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, 1'.C. BY: TF,RRENCE J. McCABE, ESQUIRE - TD # 16496 MARC S. WEISBERG, ESQUIRE - ID # ]7616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE -1D # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (2151790-1010 JPMC Specialty Mortgage LLC Attorneys for Plaintiff COURT OF COMMON PLEAS Plaintiff v. CUMBERLAND COUNTY Trisha L. Maxwell Defendant Number 2009-03568 AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing address of the Defendant is: Trisha L. Maxwell 306 S Enola Drive Enola, Pennsylvania 17025 SWORN AND SUBSCRIBED BEFORE ME THIS DAY OF , 2009 TAR PUBLI CI]MMONWEALTFI L~~' PENNSYLVANIA NOTARI~~~.t_, w~EAL Shelita Lynn Gaski;;.: • !V:,tary public City of Philadelphia, P!;iladelphia County MY COMMISSIOR ~XFI~tES JUNE 12, 2013 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # ]7616 EDWARD D. CONWAY, ESQUIRE - [D # 34687 MARGARET CAIRO, ESQUIRE - ID # 344]9 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 JPMC Specialty Mortgage LLC Plaintiff v. Trisha L. Maxwell Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 2009-03568 CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him/her within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. SWORN AND SUBSCRIBED BEFORE ME THIS 7`h DAY OF JULY, 2009 ARY PUBLIC COMMONWEALTH i•F. FE~'~SYI.VANIA NC7TAF?';,il~:~AL Shelita Lynn °.,:~:~.~~~~-N~:aary Public City of Phifade,;.' •:~, ~'`,iiadelphia County MY COMMISSION EXPIRES JUNE 12, 2013 A copy of said letter is attached hereto and marked as Exhibit "A". TERRENCE J. McCABE, ESQUIRE MARC S. WETSBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE ~ MARGARET CAIRO, 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 Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary June 24, 2009 To: Trisha L. Maxwell 306 S Enola Drive Enola, Pennsylvania 17025 JPMC Specialty Mortgage LLC Cumberland County vs. Court of Common Pleas Trisha L. Maxwell Number 2009-03568 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 AHEARING AND YOU MAY LOSE YOURPROPERTY 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 PROV IDE YOU W ITH INFORMATION ABOUT AGENCIES THATMAY 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 OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE COMPARECER LISTED EN CORTE U OIR PREUBA 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 OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON {NFORMACIbN ACERCA DE EMPLEAR A UN ABOGADO. SI LISTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACIbN 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, Pe 'a 17013 (800)9 -9108 ~ BY: Attorneys for Plaintiff TERRENCE J. McCABE, ESQU MARC S. WEISBERG, E5Q EDWARD D. CONWAY, ESQ MARGARET GAIRO, ESQUIRE ANDREW L. MARKOWITZ, ESQUIRE ~i iir!._ Z0~9 JU± -8 ~~ ! i ~ 0~ ;CC ~ {~~~; L1~V ,i (~~i~ (~5sa3 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Trisha L. Maxwell 306 S Enola Drive Enola, Pennsylvania 17025 JPMC Specialty Mortgage LLC I COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY v. Trisha L. Maxwell Defendant No. 2009-03568 NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. Prothonotary 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 9/e1~9 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL DIVISION JPMC Specialty Mortgage LLC v. Trisha L. Maxwell FILE NO.: 2009-03568 Civil Term AMOUNT DUE: $90,850.85 INTEREST: from 07/08/09 to 09108/10 $6,390.04 at $14.93 ATTY'S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE I>'$R EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 306 South Enola Drive, Enola, Pennsylvania 17025 (More fully described as attached) '~ a~.oa ~1.5p 78. So I~.oo a. so PRAECIPE FOR ATTACHMENT EXECUTION Issue wrif of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: 04/09/2010 ply A`~ C'.BF ,. I(eo.so Po Arry ~a.bo Po ATr/ ~50 I,l Signature: Print Name: MCCA , WEISBERG AND CONWAY Address:123 S. Bro Street. Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 740 1010 Supreme Court ID No. ~ ?I v~ ~~~ cti ~ ~~~ ~~ ~ >~ ~ ~ ~ ~~ 10o i to3 ~ ac~cbas 12E [~,~~t~oaB~~ ,~ 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. TERREN J. McCABE, ESQUIRE MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION All that certain tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particulazly described as follows: Beginning at a stake in the eastern line of South Enola Drive, at the southern line of land now or late of Edward E. Tuckey; thence along land now or late of Edward E. Tuckey, north seventy (70 degrees twenty-four (24} minutes east on ehundred fifty-one (36) degrees east sixteen (15) feet to a stake; thence along land now or formerly of Clayton E. Miller, formerly of Ralph A. Sheetz, south fifty-six (56) degrees twenty (20) minutes west, ninety-nine and twenty-eight one hundredths (99.28) feet to a stake; thence along land now or formerly of Clayton E. Miller, formerly of Ralph A. Sheetz, south fifty-three (53) degrees twenty-four (24) minutes west, forty-five (45) feet to a stake in the eastern line of South Enola Drive; thence along the eastern line of South Enola Drive, north thirty-six (36) degrees west, fifty-five (55) feet to a stake, the place of Beginning. Having thereon erected a concrete block building known as No. 306 South Enola Drive, Enola, Pennsylvania. BEING PARCEL N0.09-15-1291-310 BEING KNOWN AS 306 South Enola Drive, Enola, Pennsylvania 17025. BEING the same premises which JOEL B. KOSER AND NANCY L. KOSER, HUSBAND AND WIFE by deed dated Apri125, 2001 and recorded Apri127, 2001 in the office of the Recorder in and for Cumberland County in Deed Book 243, Page 549, granted and conveyed to Trisha L. Maxwell in fee. 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. TE ENC J. McCABE, ESQUIRE MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARL S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 JPMC Specialty Mortgage LLC Plaintiff v. Trisha L. Maxwell Defendant Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 2009-03568 AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing address of the Defendant is: Trisha L. Maxwell 306 S Enola Drive Enola, Pennsylvania 17025 SWORN AND SUBSCRIBED BEFORE ME THIS 5`h DAY OF APRIL, 2010 TARY P I YpM ~ O -zwr~RTM A S A t,. L ~~y~t, WAYTS•'~4tARY PUQLIC ~ d pt~ilad~phia, Ph-ltdetptiu X20 ~ ~jµlSS10N aptRFS ~: T RREN J. McCABE, ESQUIRE MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff n d •- ~'^ 4... j ."(,~ ~ n l ~ ~ ~ i (T i " ~ ~ t "~ . ~ ~„ e . __ ...,.,~ ~ [7 - ~ i ~(Z L_,.. t.L, -a ~ . McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 1649E MARL S. WEISBERG, ESQUIRE - 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 JPMC Specialty Mortgage LLC Plaintiff v. Trisha L. Maxwell Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 2009-03568 AFFIDAVIT PURSUANT TO RULE 3129 T'he 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: 306 South Enola Drive, Enola, Pennsylvania 17025, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owner or Reputed Owner Name Address Maxwell 306 S Enola Drive Trisha L C c~ =' . Enola, Pennsylvania 17025 z~ ~' _ ~a ;_ r- 2. Name and address of Defendant in the judgment: _ ~ = ~ '; ,.a + Name Address ,. ~ ~:_' a 4~ _,.. i1 '-_~ -'cam ~ ~ ~t Trisha L. Maxwell 306 S Enola Drive ~ ct~ Enola, Pennsylvania 17025 t;~ '` 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 4. 5 None Name and address of the last recorded holder of every mortgage of record: Name None Address Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 306 South Enola Drive Enola, Pennsylvania 17025 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 110 North 8`h Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff s Sales United States of America Domestic Relations Cumberland County United States of America Name and address of Attorney of record: Name Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. April 5, 2010 DATE TE ENC J. McCABE, ESQUIRE MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION All that certain tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: Beginning at a stake in the eastern line of South Enola Drive, at the southern line of land now or late of Edward E. Tuckey; thence along land now or late of Edward E. Tuckey, north seventy (70 degrees twenty-four (24) minutes east on ehundred fifty-one (36) degrees east sixteen (15) feet to a stake; thence along land now or formerly of Clayton E. Miller, formerly of Ralph A. Sheetz, south fifty-six (56) degrees twenty (20) minutes west, ninety-nine and twenty-eight one hundredths (99.28) feet to a stake; thence along land now or formerly of Clayton E. Miller, formerly of Ralph A. Sheetz, south fifty-three (53) degrees twenty-four (24) minutes west, forty-five (45) feet to a stake in the eastern line of South Enola Drive; thence along the eastern line of South Enola Drive, north thirty-six (36) degrees west, fifty-five (55) feet to a stake, the place of Beginning. Having thereon erected a concrete block building known as No. 306 South Enola Drive, Enola, Pennsylvania. BEING PARCEL N0.09-15-1291-310 BEING KNOWN AS 306 South Enola Drive, Enola, Pennsylvania 17025. BEING the same premises which JOEL B. KOSER AND NANCY L. KOSER, HUSBAND AND WIFE by deed dated Apri125, 2001 and recorded April 27, 2001 in the office of the Recorder in and for Cumberland County in Deed Book 243, Page 549, granted and conveyed to Trisha L. Maxwell in fee. EXHIBIT A McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 CIVIL ACTION LAW JPMC Specialty Mortgage LLC v. Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Trisha L. Maxwell I C7 0 ` Number 2009-03568 C ;, `~ -U ~-r, ~. -.. /.~ F_. NOTICE OF SHERIFF'S SALE OF REAL PROPERTY ~-` ~ `_' -r' ~r ~~ ~. ~~ I ; ~1 To: Trisha L. Maxwell ~~" ~ ` _" 306 S Enola Drive ~ - -` ~~ ~7 ..~_ c_.: Enola, Pennsylvania 17025 ~' ~-- '~ ~;. .. ,: r ~ ~-' :, Your house (real estate) at 306 South Enola Drive, Enola, Pennsylvania 17025 is scheduled to be sold at Sheriffs Sale on October 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 $90,850.85 obtained by JPMC Specialty Mortgage LLC 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: 1. The sale will be canceled if you pay to JPMC Specialty Mortgage LLC 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. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See 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 find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 LEGAL DESCRIPTION All that certain tract or parcel of land and premises, situate, lying and being in the Township of East Pennsboro in the County of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: Beginning at a stake in the eastern line of South Enola Drive, at the southern line of land now or late of Edward E. Tuckey; thence along land now or late of Edward E. Tuckey, north seventy (70 degrees twenty-four (24) minutes east on ehundred fifty-one (36) degrees east sixteen (15) feet to a stake; thence along land now or formerly of Clayton E. Miller, formerly of Ralph A. Sheetz, south fifty-six (S6) degrees twenty (20) minutes west, ninety-nine and twenty-eight one hundredths (99.28) feet to a stake; thence along land now or formerly of Clayton E. Miller, formerly of Ralph A. Sheetz, south fifty-three (S3) degreestwenty-four (24) minutes west, forty-five (4S) feet to a stake in the eastern line of South Enola Drive; thence along the eastern line of South Enola Drive, north thirty-six (36) degrees west, fifty-five (SS) feet to a stake, the place of Beginning. Having thereon erected a concrete block building known as No. 306 South Enola Drive, Enola, Pennsylvania. BEING PARCEL N0.09-15-1291-310 BEING KNOWN AS 306 South Enola Drive, Enola, Pennsylvania 17025. BEING the same premises which JOEL B. KOSER AND NANCY L. KOSER, HUSBAND AND WIFE by deed dated April 2S, 2001 and recorded Apri127, 2001 in the office of the Recorder in and for Cumberland County in Deed Book 243, Page 549, granted and conveyed to Trisha L. Maxwell in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-3568 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMC SPECIALTY MORTGAGE LLC, Plaintiff (s) From TRISHA L. MAXWELL (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 $90,850.85 L.L.$.50 Interest from 7/8/09 to 9/8/10 at $14.93 -- $6,390.04 Atty's Comm % Due Prothy $2.00 Atty Paid $160.50 Plaintiff Paid Other Costs Date: 4/7/10 (Seal) 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 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 JPMC Specialty Mortgage LLC Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. Number 2009-03568 Trisha L. Maxwell Defendant AMENDED AFFIDAVIT OF SERVICE I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 10111 day of August, 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 SWORN AND SUBSC D BEFORE ME THIS AY OF q r I I AIL17 , 2010 Y PUBLIC 78arbarraa GF PENLIIANIA AL BEAL er-Notar y Public a, Philadelphia County XPIRES JAN. 12, 2014 J. MARC S. WEIS G, E EDWARD D. NWAY, Attorneys for and marked as Exhibit "B." f c cam.:; ? W - n ;7 C, C!", .. 4. 5 None Name and address of the last recorded holder of every mortgage of record: Name None Address Name and address of every other person who has any record lien on the property: Name Address 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address 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 Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 306 South Enola Drive Enola, Pennsylvania 17025 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 110 North 8`-' Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: 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 c/o Atty General of the United States U.S. Dept of Justice 10`h Constitution Ave. NW, Rm 4400 Washington, DC 20530 8. Name and address of Attorney of record: Name Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein Section 4904 relating to unsworn falsification to August 10, 2010 DATE TERRENCE 1* MARC S. WEI ER EDWARD D. ONV1 MARGARET 1 Attorneys for Plaintiff subject to the penalties of 18 Pa.C.S. 'g, ESQUIRE ESQUIRE McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 JPMC Specialty Mortgage LLC Plaintiff V. Trisha L. Maxwell Defendant DATE: August 10, 2010 TO: ALL PARTIES IN INTEREST AND CLAIMANTS Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 2009-03568 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Trisha L. Maxwell PROPERTY: 306 South Enola Drive, Enola, Pennsylvania 17025 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. ? J O? V1 is W N rr ? y m A rA A m A r a >m A0o e p be y 0= R b m eS Orpre o ? w? ocro a eQo to '4019 Is O m ft ' ? y ??. @ E '??' N 0 ' ?d C ?' f ?C OC We ? FY1p OD M a E R. p p mOD C a? ? Vj fC Cl a 02woD C DA ?p v C??AO ? p ? .. m - "0 o A >° ,v oo?o y „ p y "d"?a? > NZo b v?y? Ke: J r OG o YNe t i? m$ m ??•? C o a ? t?Fi ?o '?O°, 3 ° a o d ? O Q W ,! o 00 m F -.",z m ro q p ONO o J A; o- - a 91 0 19 W. y f l N G fo A l N AAp !E O D AO NA m 00 m m m N 'C O R B O O -110 0 . uN .i F; A o w o °' can 0 0 ?J1"Vi 2k6im Mr c a " > ?A pa I Cby?° 6. ao >;? ? A A C?rp? N ?Ao ono e o ro n 000000 oRip" 0 0000 w ;a 00 V 0 D A y 9 I?? R r_ n 7D c A? c a S? A rdN??SQ A 0 r w 0 I IL e* >? A r N . it ?w 0 W. r+ ,•GL,C °SA>= .fm& ?, r'•076??Q ?o a 8 r a m N 0 JAW 'o e b ? I 14 U g1; z f-? ? C C ? M ra; McCABE, WEISBERG AND CONWAY, P.C. BY: KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 JPMC Specialty Mortgage LLC Plaintiff Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS V. (7) ego ? No. 2009-03568 0 a -., --a Trisha L. Maxwell Defendant = -ci C j r MOTION TO ADJOURN SHERIFF'S SALE '' °"-Y== 77 Plaintiff, JPMC Specialty Mortgage LLC, by and through its attorney, Kevin T. McQtt'ail ,TAqu re, moves this Honorable Court for an Order adjourning the Sheriff s Sale scheduled for January 5, 2011 and avers as follows: Plaintiff filed a Writ of Execution, as well as the Affidavit required by Pa.R.C.P. 3129, in order to list the property known as 306 South Enola Drive, Enola, Pennsylvania 17025 for Sheriff s Sale originally scheduled for September 8, 2010. Plaintiff has postponed the Sheriff s Sale to the full extent permitted, and is now requesting that the sale currently scheduled for January 5, 2011 be postponed further until March 2, 2011 as the lender is reviewing foreclosure documentation for authenticity prior to proceeding with Sheriffs Sale. 3. Plaintiff has complied with all the pertinent statutory and procedural rules of court governing the listing of real property for Sheriffs Sale. 4. Neither the parties hereto nor the parties previously set forth in the Affidavit Pursuant to Rule 3129 will be prejudiced by the adjournment of the Sheriffs Sale. WHEREFORE, Plaintiff prays that this Honorable Court grant an Order adjourning the Sheriff s Sale of the property known as 306 South Enola Drive, Enola, Pennsylvania 17025 to the March 2, 2011 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except for an announcement be made at the sale currently scheduled for January 5, 2011. CONWAY, PC BY: Kevin T. C&Q)r?PIZa;nk;; ilAttarhev Matthew J. I sh6lman, Esquire Local Counsel McCABE, WEISBERG AND CONWAY, P.C. BY: KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 JPMC Specialty Mortgage LLC Plaintiff Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS V. Trisha L. Maxwell No. 2009-03568 Defendant MEMORANDUM OF LAW Plaintiff requested that the Sheriff Sale originally scheduled for September 8, 2010 in this matter be continued for the legally allowable time without requesting the postponement from the Court. Plaintiff at this time requests that the Sheriff Sale set for January 5, 2011 be adjourned to March 2, 2011 as the lender is reviewing foreclosure documentation for authenticity prior to proceeding with Sheriffs Sale. Pursuant to Pa.R.C.P. 3129.3, the Court has the discretion to adjourn a Sheriffs Sale and dispense the requirement of new notice. WHEREFORE, Plaintiff prays that a special order of court be granted and the Sheriffs Sale of the property known as 306 South Enola Drive, Enola, Pennsylvania 17025 be adjourned to the March 2, 2011 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except that an announcement be made at the sale currently scheduled for January 5, 2011. BY: Kevin M Qua??, Esquire Attor y fo )',laihtiff CONWAY, PC Matthew J. Eshelman, Esquire Local Counsel 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 based on the information from the Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, 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. §4904 relating to unsworn falsification to authorities. MCC n AND CONWAY, PC BY. Kevin . Mc uail, Esquire Attor y for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 JPMC Specialty Mortgage LLC Plaintiff V. Trisha L. Maxwell Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 2009-03568 CERTIFICATION OF SERVICE I, Kevin T. McQuail, Esquire, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Motion To Postpone Sheriff Sale, by United States Mail, first class, postage prepaid, on the 30th day of December, 2010, upon the following: Trisha L. Maxwell 306 S. Enola Drive Enola, Pennsylvania, 17025 BY: Kevin M uail, Esquire Attorney or Plaintiff CONWAY, PC This is a communication from a debt collector. This letter maybe an attempt to collect a debt and any information obtained will be usedfor that purpose. TERRENCE J. McCABE MARC S. WEISBERG'• EDWARD D. CONWAY '*' MARGARET GAIRO '*' LISA L. WALLACE +t DEBORAH K. CURRAN t• LAURA H.G. O'SULLIVAN t. GAYL C. SPIVAK =" FRANK DUBIN '*' ANDREW L. MARKOWITZ '*' HEIDI R. SPIVAK" SCOTT T. TAGGART " MARISA J. COHEN " KATHERINE D. SANTANGINI ^^ JASON BROOKS f FAITH MIROS '<' ERIN M. BRADY • KEVIN T. McQUAIL" ALEXANDRA T. GARCIA " CORRIN DEMENT - ABBY K. MOYNIHAN CATHERINE WELKER ' •' ANTOINETTE N. MOORE -• CHRISTINE GRAHAM " MELISSA A. SPOSATO ^ See www.mwc-law.com for licensing key. Trisha L. Maxwell 306 S Enola Drive Enola, Pennsylvania 17025 LAW OFFICES McCABE, WEISBERG & CONWAY, P.C. SUITE 2080 123 SOUTH BROAD STREET PHILADELPHIA, PA 19109 (215)790-1010 FAX (215) 790-1274 December 30, 2010 Re: JPMC Specialty Mortgage LLC v. Trisha L. Maxwell CUMBERLAND COUNTY; CCP; No. 2009-03568 Dear Sir/Madam: SUITE 303 216 HADDON AVENUE WESTMONT, NJ 08108 (856) 858-7080 FAX (856) 858-7020 SUITE 499 145 HUGUENOT STREET NEW ROCHELLE, NY 10801 (914)-636-8900 GENERAL FAX (914) 636-8901 MEDIATION ONLY FAX (914) 819-5505 Also servicing Connecticut SUITE 100 8101 SANDY SPRING ROAD LAUREL, MD 20707 (301) 490-3361 FAX (301) 490-1568 Also servicing the District of Columbia SUITE 201 4021 UNIVERSITY DRIVE FAIRFAX, VA 22030 (866) 656-0379 above matter. please find a copy of Motion to Postpone Sheriffs Sale with regard to the V K tincQuail, Esquire KM/ks Enclosure This is a communication from a debt collector. This letter may be an attempt to collect a debt and any information obtained will be used for that purpose. F,L ! E -4 JPMC Specialty Mortgage LLC Plaintiff V. Trisha L. Maxwell Defendant jhm 0 4 2011 CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 2009-03568 ORDER AND NOW, this day of, -I u a -7 , 201 upon consideration of Plaintiffs Motion to Adjourn the Sheriffs Sale currently scheduled in the above-captioned matter for January 5, 2011, it is hereby ORDERED that the Sheriffs Sale of the property known as 306 South Enola Drive, Enola, Pennsylvania 17025 is adjourned to the March 2, 2011 Sheriffs Sale. It is FURTHER ORDERED that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required. BY THE COURT: J. s Distribution: /"Kevin McQuail, Esq., 123 S. Broad, Ste 2080, Phila, PA 19109 ?Trisha Maxwell, 306 S. Enola Dr., Enola, PA 17025 Sheriff's Office, Cumberland County-in bin 14111 I) McCA.BE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D CO r 'R' Attorneys for Plaintiff 1?AY, I.SQUIRL - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 3441.9 KEVIN T. McQUAIL, ESQUIRE - ID # 3071.69 r_i ? 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 ?'- JPMC Specialty Mortgage LLC Plaintiff V. Trisha L. Maxwell Defendant CUMBERLAND COUNTY =c- COURT OF COMMON PLEAS No. 2009-03568 MOTION TO ADJOURN SHERIFF'S SALE r...a r+ r t ex> ink J Plaintiff, JPMC Specialty Mortgage LLC, by and through its attorney, McCabe, Weisberg and Conway, P.C,, moves this Honorable Court for an. Order adjourning the Sheriffs Sale scheduled for March 2. 2011 and avers as follows: Plaintiff filed a Writ of Execution, as well as the Affidavit required by Pa.R.C.P, 3129, in order to list the propem- known as 306 South Enola Drive, Enola, Pennsylvania 17025 for Sheriffs Sale originally scheduled for September 8, 2010. 2 Plaintiffhas postponed the Sheriffs Sale to the full extent permitted, and is now requesting that the sale currently scheduled for March 2, 2011 be postponed further until May 4, 2011 as the lender is reviewing foreclosure documentation for authenticity prior to proceeding with Sheriffs Sale. Plaintiff has complied with all the pertinent statutory and procedural rules of court governing the listing of real property for Sheriffs Sale. 4. Neither the parties hereto nor the parties previously set forth in the Affidavit Pursuant to Rule 3129 will be prejudiced by the adjournment of the Sheriffs Sale. WHEREFORE, Plaintiff prays that this honorable Court grant an Order adjourning the Sheriffs Sale of the property known as 306 South Enola Drive, Enola, Pennsylvania 17025 to the May 4, 2011 Sheriff's Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except for an announcement be made at the sale currently scheduled for March 2, 2011. "l'ER . ,NCE Y. McCABE, ESQUIRE M C. S. WEISBERG, ESQUIRE E.1 WARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE KEVIN T. cQUA , E,S?UIRE Attorneys r 1, i ti f MATTHEi a J. ESH AN, ESQUIRE Local Counsel McCABE, WEISBERG AND CONWAY, P.C. BY: TE.RRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 1.761.6 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET CAIRO, ESQUIRE - ID # 344:19 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 1.23 South Bread Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 JPMC Specialty Mortgage LLC V. Trisha L. Maxwell Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 2009-03568 MEMORANDUM OF LAW Plaintiff requested that the Sheriff Sale originally scheduled for September 8, 2010 in this matter be continued for the legally allowable time without requesting the postponement from the Court.. Plaintiff at this time requests that the Sheriff Sale set for March 2, 2011 be adjourned to May 4, 2011. as the lender is reviewing foreclosure documentation for authenticity prior to proceeding with Sheriff's Sale. Pursuant to Pa.R.C.P. 3129.3, the Court has the discretion to adjourn a Sheriff's Sale and dispense the requirement of new notice. WIiEREFORE, Plaintiff prays that a special order of court be granted and the Sheriff's Sale of the property known as 306 South Enola Drive, Enola, Pennsylvania 17025 be adjourned to the May 4, 2011 Sheriff's Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except t 5b adoollltcement be made at the sale currently scheduled for March 2, 2011. TERRE E J. McCABE, ESQUIRE MARC . WEISBERG, ESQUIRE EDWARD D. CONWAY, .ESQUIRE. MARGARET GAIRO, ESQUIRE KEVIN T. McQUAIL, ESQUIRE - Ill # 307169 Attorneys for Plaintiff MATTHEW J. ESHELMAN, ESQUIRE Local Counsel 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 based on the information from the Plaintiff's representative, who is out of i urisdiction and not available to sign this verification at this time, are tree 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. §4904 relating„to unsworn falsification to authorities. MAR WEISBERG, ESQUIRE TERT'.ARETGAIR0, CF J.' McCABE, ESQUIRE EDW D D. CONWAY, ESQUIRE MAR ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff McCABF., WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 1.6496 MARC S. WEISBERG, ESQUIRE - ID # 1761.6 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - Ill # 3441.9 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 TPMC Specialty Mortgage LLC Plaintiff V. Trisha L. Maxwell Defendant Attorneys for Plaintiff CUMBERLAND COUN'T'Y COURT OF COMMON PLEAS No. 2009-03568 CERTIFICATION OF SERVICE I, undersigned, attorney for the Plaintiff, hereby certify that I served a true and correct copy of the foregoing Motion To Postpone Sheriff Sale, by United States Mail, first class, postage prepaid, on the 25" day of February, 201 t, upon the following: Trisha L. Maxwell 306 S Enola Drive Enola, Pennsylvania, 17025 l'k',I2R CE J. McCABI, ESQUIRE MAR S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET CAIRO, ESQUIRE KEVIN T. McQUAIL, ESQUIRE Attorneys for Plaintiff - r ri tl") > ) A f-ri JPMC Specialty Mortgage LLC Plaintiff v. Trisha L. Maxwell Defendant CUMBERLAND COUNTY COURT OF COMMON PI_.EAS No. 2009-03568 Previously assigned to: J. Masland AT' RT: /Distribution: Terrence McCabe, Esq., 123 S. Broad, Ste 2080, Phila, PA 19109 Trisha Maxwell, 306 S. Enola Dr., Enola, PA 17025 Y" Sheriff's Office, Cumberland County fop e5 ma, Jcd a f ad/ir ORDER -5? AND NOW, this day of? /"2 , 2011, upon consideration of Plaintiff's Motion to Adjourn the Sheriffs Sale currently scheduled in the above-captioned matter for March 2, 201 1, it is hereby ORDERED that the Sheriff's Sale of the property known as 306 South Enola Drive, Enola. Pennsylvania 17025 is adjourned to the May 4, 2011 Sheriff's Sale. It is FURTHER ORDERED that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required, IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY,PENNSYLVANIA CIVIL DIVISION c� C FILE NO.:2009-03568 Civil Tenn "03 �-' JPMC Specialty Mortgage LLC �-M � M v. AMOUNT DUE: $90,789.53 �r�- ' _� —<> rn G Trisha L. Maxwell INTEREST: from 07/08/09 r- C 3- C) ?7 $24,021.20 at$14.92 ATTY'S COMM.: c = C) COSTS: ter, � f TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale,contract,or account based on a confession of judgment,but if it does,it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended;and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County,for debt, interest and costs upon the following described property of the defendant(s) 306 South Enola Drive,Enola,Pennsylvania 17025 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County,for debt, interest and costs, as above, directing attachment against the above-named garnishee(s)for the following property(if real estate,supply six copies of the description;supply four copies of lengthy personalty list) and all other property of the deefendant(s)in the possession,custody or control of the said garnishce(s). (Indicate)Index this writ against the garnishee(s)as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: McCABE,WEISBERG A D CONW Y,1'.C. BY: ( v" [ ] Terrence J.McCabe,Esq. [ IrMar•S. Weisberg,Esq. Edward D. Conway,Esq. [ [ Margaret Gairo,Esq. Andrew L.Markowitz,Esq. [ ] 1lcidi R.Spivak,Esq. Marisa J.Cohen,Esq. I ] Kevin 7'. McQuail,Esq. "'1 l VN [ ] Christine L.Graham,Esq. [ ) Brian T.LaManna,Esq. � • t t rf p(p [ ] Ann E.Swartz,Esq. [ ] Joseph F.Riga,Esq. Joseph 1.Foley,Esq. ( ] Cclinc 1'. DerKrikorian,Esq. o� Attorneys for Plaintiff 1y,a _ a 0Z) ��� /9sa9 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 ` EDWARD D.CONWAY,ESQUIRE -ID#34687 n C- MARGARET GAIRO,ESQUIRE-ID# 34419 -°c) r. ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 –g r--. MARISA J.COHEN,ESQUIRE-ID#87830 ° �r' -qtr �...fl KEVIN T.McQUAIL,ESQUIRE-ID#307169 o s CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LaMANNA,ESQUIRE-ID#310321 CO ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 215 790-1010 JPMC Specialty Mortgage LLC CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff V. NO: 2009-03568 Trisha L.Maxwell Defendant AFFIDAVIT PURSUANT TO RULE 3129 The undersigned,attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 306 South Enola Drive,Enola,Pennsylvania 17025,as of the date the Praecipe for the Writ of Execution was filed.A copy of the description of said property being attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Trisha L.Maxwell 306 S Enola Drive Enola,PA 17025 2. Name and address of Defendant in the judgment: Name Address Trisha L.Maxwell 306 S Enola Drive Enola,Pennsylvania 17025 r 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Ameriquest Mortgage Company 1100 Town and Country Road Suite 200 Orange,California 92868 Mortgage Electronis Registration P.O.Box 2026 Systems,Inc A Delaware Corporation, Flint,Michigan 48501 It's Successors or Assigns,as Nominee for JPMorgan Chase Bank National Association Citi Residential Lending Inc.,As 10801 E.6th Street Attorney-In-Fact for Maeriquest Rancho Cucamonga,California 91730 Mortgage Company 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 306 South Enola Drive Enola,Pennsylvania 17025 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor,Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O.Box 8486 Recovery Program Harrisburg,PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriff's 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 William J.Nealon Federal Bldg. 235 North Washington Avenue, Ste.311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street, Ste.220 Harrisburg,PA 17108-1754 United States of America c/o U.S.Dept of Justice,Room 5111 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 United States of America c/o U.S.Dept of Justice,Room 4400 Atty General of the United States 950 Pennsylvania Avenue NW Washington,DC 20530-0001 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. McCABE,WEISBERG AND CON Y,Y.C. August 5,2013 �6� DATE BY: ( ) Terrence J.McCabe,Esq. [ Marc S. Weisberg,Esq. [ ] Edward D. Conway,Esq. [ ] Margaret Gairo,Esq. [ ]Andrew L.Markowitz,Esq. [ ] Heidi R. Spivak,Esq. [ ] Marisa J.Cohen,Esq. [ ] Kevin T.McQuail,Esq. [ ] Christine L.Graham,Esq. [ ] Brian T. LaManna,Esq. [ ] Ann E.Swartz,Esq. [ ] Joseph F.Riga,Esq. [ ]Joseph L Foley,Esq. [ ) Celine P.DerKrikorian,Esq. Attorneys for Plaintiff i { LAW OFFICES McCABE,WEISBERG&CONWAY,P.C. SUITE 210 SUITE 1400 SUITE 303 145 HUGUENOT STREET 123 SOUTH BROAD STREET 216 HADDON AVENUE NEW ROCHELLE,NY 10801 PHILADELPHIA,PA 19109 WESTMONT,NJ 08108 (914)-636-8900 21 S 790-1010 (856)858-7080 FAX(914)636-8901 FAX(856)858.7020 FAX(215)790-1274 SUITE 202 SUITE 100 4021 UNIVERSITY DRIVE 30 BUXTON FARMS ROAD FAIRFAX,VA 22030 STANFORD,CT 06905 (866)656-0379 (203)992-8200 FAX(301)490-1568 FAX(855)425-1979 SUITE 800 SUITE 130 312 MARSHALL AVENUE DELAWARE CORPORATE CENTER I LAUREL,MD 20707 ONE RIGHTER PARKWAY (301)490-3361 WILMINGTON,DELAWARE 19803 FAX(301)490-1568 (302)409-3520 Also servicing the District of Columbia FAX 855-425-1980 August 5,2013 Sheriffs Office I Courthouse Square Third Floor Carlisle,Pennsylvania 17013 Re: JPMC Specialty Mortgage LLC vs.Trisha L.Maxwell Cumberland County,Number 2009-03568 Premises: 306 South Enola Drive,Enola,Pennsylvania 17025 Dear Sir or Madam: Enclosed please find 3 copies of Notice of Sheriffs Sale of Real Estate Pursuant to PA.R.C.P. 3129 relative to the above matter.I would appreciate your serving the Notice upon the Defendant as follows: Trisha L.Maxwell 306 S Enola Drive Enola,Pennsylvania 17025 Please be advised that our office will serve the above referenced defendants by regular and certified mail..Please post the 306 South Enola Drive,Enola,Pennsylvania 17025. Very truly yours, Rhondeisha Smith,Legal Assistant McCabe,Weisberg and Conway,P.C. lrsh Enclosures McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 KEVIN T.McQUAIL,ESQUIRE-ID#307169 rn as X,.. CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 -0 G-) BRIAN T.LaMANNA,ESQUIRE-ID#310321 `' ANN E. SWARTZ,ESQUIRE-ID#201926 cm _� ; JOSEPH F.RIGA,ESQUIRE-ID#57716 5�n CD JOSEPH I.FOLEY,ESQUIRE-ID#314675 CD CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 - 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 CIVIL ACTION LAW JPMC Specialty Mortgage LLC COURT OF COMMON PLEAS V. CUMBERLAND COUNTY Trisha L.Maxwell Number 2009-03568 NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Trisha L.Maxwell 306 S Enola Drive Enola,Pennsylvania 17025 Your house(real estate)at 306 South Enola Drive,Enola,Pennsylvania 1.7025 is scheduled to be sold at Sheriffs Sale on December 4,2013 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$90,789.53 obtained by JPMC Specialty Mortgage LLC 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: 1. The sale will be canceled if you pay to JPMC Specialty Mortgage LLC the back payments, late charges,costs,and reasonable attorney's fees due. To find out how much you must pay,you may call McCabe,Weisberg and Conway,P.C.,Esquire at(215)790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one,the more chance you will have of stopping the sale. (See 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 find out if this has happened,you may call McCabe, Weisberg and Conway,P.C. at(215)790-1010. 4. If the amount due from the buyer is not paid to the Sheriff,you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time,the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty(30)days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions(reasons why the proposed schedule of distribution is wrong)are filed with the Sheriff within ten(10)days after the posting of the schedule of distribution. 7. You may also have other rights and defenses,or ways of getting your real estate back,if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 17013 (800)990-91.08 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 32 South Bedford Street Carlisle,Pennsylvania 1.7013 (800)990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO. 09-3568 Civil COUNTY OF CUMBERLAND) CIVIL ACTION—LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due JPMC SPECIALTY MORTGAGE LLC Plaintiff(s) From TRISHA L. MAXWELL (1) You are directed to levy upon the property of the defendant(s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s)not levied upon in the possession of GARNISHEE(S)as follows: and to notify the gamishee(s)that: (a)an attachment has been issued;(b)the garnishee(s) is enjoined from paying any debt to or for the account of the defendant(s)and from delivering any property of the defendant (s)or otherwise disposing thereof, (3) If property of the defendant(s)not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee,you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due: $90,789.53 L.L.: $.50 Interest FROM 7/8/09-$24,021.20 AT$14.92 Atty's Comm: Due Prothy: $2.25 Arty Paid: $1,011.06 Other Costs: Plaintiff Paid: Date: 8/6/13 -1xLL David D.Buell,Prothonota (Seal) -ax: Deputy REQUESTING PARTY: Name: MARC S.WEISBERG,ESQUIRE Address: MCCABE,WEISBERG AND CONWAY,P.C. 123 SOUTH BROAD STREET,SUITE 1400 PHILADELPHIA,PA 19109 Attorney for: PLAINTIFF Telephone:215-790-1010 Supreme Court ID No. 17616 McCABE,WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 MARC S.WEISBERG,ESQUIRE-ID#1761.6 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 4 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 iii-.;. HEIDI R.SPIVAK,ESQUIRE-ID#74770 � MARISA J. COHEN,ESQUIRE-ID#87830 f' 7:: KEVIN T.MCQUAIL,ESQUIRE-ID#307169 < "" CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 --p . BRIAN T.LAMANNA,ESQUIRE-ID#31.0321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 _ JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 JPMC Specialty Mortgage LLC, Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS V. No. 2009-03568 Trisha L. Maxwell, Defendant. PRAECIPE TO REDUCE JUDGMENT AMOUNT TO THE PROTHONOTARY: Kindly reduce the judgment amount entered in the above captioned case by$61.32 from $90,850.85 to $90,789.53. DATE:-i 17 MCC IS AND NWAY,P.C. B . [ ] rrence J.McCabe,Esquire [ ]Marc S.Weisberg,Esquire [ Edward D.Conway,Esquire [ ]Margaret Gairo,Esquire ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ] Kevin T.McQuail,Esquire [ ] Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire [ 'Joseph I.Foley,Esquire [ ]Celine P.Derkrikorian,Esquire Attorneys for Plaintiff %\4 aT C,Lw a q 1414 �r�'u �,k&Ve McCABE,WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-1D#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#3071.69 CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN-ID#313673 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 1215 790-1010 JPMC Specialty Mortgage LLC, Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS V. No. 2009-03568 Trisha L. Maxwell, Defendant. CERTIFICATE OF SERVICE _ ;squire, hereby certify that a true and correct copy of the within Praecipe to Reduce Judgment Amount was served on the following persons by first-class mail, postage prepaid, on , 2013: Trisha L.Maxwell 306 S. Enola Drive Enola,PA 17025 DATE: / �� MCC , SBER ONWAY C. BY: [ ] Te n e J. McCabe,Esquire [ arc S. Weisberg,Esquire [ dward D.Conway,Esquire [ ]Margaret Gairo,Esquire ]Andrew L.Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J. Cohen,Esquire [ ]Kevin T.McQuail,Esquire [ ] Christine L. Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [ ]Joseph F.'Riga,Esquire [�Joseph I.Foley,Esquire [ ]Celine P.Derkrikorian,Esquire Attorneys for Plaintiff PAUL—a:._.,r;....::;.} r..... 6�m .. ,� ,. _. °,i. .°°per •sl 4.—*s oft ` ; x D 'i-t 1 McCABE, WEISBERG & CONWAY, P.C. p POT 0 Tr, BY: Joseph Riga, Esquire 2013 OCT 21 PM 3: 07 Attorney Identification Number 57716 123 South Broad Street, Suite 1400 CUMBERLAND COUNTY Philadelphia, Pennsylvania 19109 PENNSYLVANIA Tele I hone: 215 790-1010 JPMC Specialty Mortgage LLC, CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. NO.: 2009-03568 Trisha L. Maxwell, Defendant. PLAINTIFF'S MOTION TO REASSESS DAMAGES AND NOW comes the Plaintiff, JPMC Specialty Mortgage LLC, (hereinafter"Plaintiff'), by and through its attorneys, McCabe Weisberg & Conway, P.C., and hereby files this motion to direct the Prothonotary to amend the judgment in this matter, and in support thereof, avers the following: 1. Plaintiff commenced this foreclosure action by filing a Complaint in mortgage foreclosure on or about May 29, 2009, (hereinafter"the Complaint"). A true and correct copy of the Complaint is attached hereto and marked as Exhibit A. 2. Judgment by default was entered on or about July 8, 2009, in the amount of $90,850.85. A true and correct copy of the Praecipe for Judgment is attached hereto and marked as Exhibit B. 3. Pursuant to Pa.R.C.P. 1147(6), a plaintiff must set forth a demand for judgment for a specific amount due. 4. On July 31, 2013, the Plaintiff submitted a Praecipe to Reduce Judgment Amount that lowered the judgment amount from $90,850.85 to $90,789.53. A true and correct copy of the Praecipe to Reduce Judgment Amount is attached hereto as Exhibit C. 5. After consideration of any payments which have been made since the filing of the Complaint coupled with the additional Escrow Advances as well as additional interest incurred, the judgment amount Plaintiff specified in the Complaint in compliance with Pa.R.C.P. 1147(6),is insufficient to satisfy the amounts due on the Mortgage. 6. Additional sums have been expended or incurred on behalf of Defendant Trisha Maxwell (hereinafter "Defendant") and Plaintiff states that after appropriate reassessment, the correct amount of damages should reflect the following amounts: Principal Balance $ 85,021.17 INTEREST through 9/30/13 $ 35,669.20 (per diem $20.94) Escrow Advances $ 13,865.69 Pre-Acceleration Late Charges $ 251.52 Recording Fee $ 55.50 Suspense Balance $ -262.27 Corporate Advances $ 11,244.97 REASSESSED TOTAL $ 145,845.78 7. Under both Pennsylvania law and the terms of the Mortgage, Plaintiff is entitled to reassess the judgment to include the amounts expressed above in its judgment against Defendant. A true and correct copy of the Mortgage is attached hereto and marked as Exhibit D. 8. Plaintiff's foreclosure judgment is strictly in rem and therefore does not impute personal liability to Defendant. WHEREFORE, Plaintiff respectfully requests that this Court order that the judgment be amended as set forth above and for such other relief as the Court deems necessary. Dated: Philadelphia, PA Respectfully submitted October 17, 2013 McCABE, W! I-SBERG & •O AY, P.t. By: AD Joseph FT Coun a 0, ° 'laintiff �" McCABE,WEISBERG & CONWAY, P.C. BY: Joseph Riga,Esquire Attorney Identification Number 57716 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 Tele I hone: 215 790-1010 JPMC Specialty Mortgage LLC, CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. NO.: 2009-03568 Trisha L. Maxwell, Defendant. MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFF'S MOTION TO REASSESS DAMAGES I. ISSUE BEFORE THE COURT Question: Should the Court permit Plaintiff, JPMC Specialty Mortgage LLC, (hereinafter "Plaintiff'),to amend its judgment in foreclosure in order to adequately reflect and include additional amounts due Plaintiff since the original entry of judgment? Answer: Yes. II. FACTUAL BACKGROUND Defendant Trisha Maxwell (hereinafter"Defendant"), is the owner of real property known as and located at 306 S Enola Drive, Enola, Pennsylvania 17025,(hereinafter"the Property"). Defendant executed a note in favor of Ameriquest Mortgage Company, by which contract Defendant agreed to pay principal, interest, late charges, real estate taxes, homeowners insurance and mortgage insurance as such amounts became due. The note was secured by a mortgage lien on the Property. The Mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1942, Page 2925 (hereinafter"the Mortgage"). Please see attached Exhibit C. The aforesaid mortgage was thereafter assigned by Ameriquest Mortgage Company to JPMC Specialty Mortgage LLC, by Assignment of Mortgage, which is recorded at instrument# 200923859 in the Office of the Recorder of Deeds of Cumberland County. The terms of the Mortgage provide that Plaintiff may, in the instance of a default, advance necessary sums for payment of,including but not limited to,taxes, insurance and other amounts to protect its security interest in the Property. On or about May 29, 2009, Plaintiff initiated the instant mortgage foreclosure action by filing a Complaint in Mortgage Foreclosure (hereinafter"the Complaint"), due to Defendant's failure to make the monthly payments as required by the Mortgage and the note secured thereby. Default Judgment was entered by the Court on or about July 8, 2009. Since the filing of the Complaint or about May 29, 2009, damages as previously assessed have become outdated and should be adjusted to reflect additional interest, Escrow and Corporate Advances and other expenses, which Plaintiff has been forced to pay on Defendant's behalf or which have been otherwise assessed to protect its security interest. III. LEGAL ARGUMENT This Honorable Court should grant Plaintiffs Motion to Reassess Damages because Pennsylvania law specifically provides for the amendment of judgments in mortgage foreclosure actions and because the relief sought will not prejudice Defendant as the judgment is strictly in rem. A. Pennsylvania law specifically provides for the amendment of judgments in mortgage foreclosure actions. Under Pennsylvania law, the Court may exercise its equitable powers to enforce judgment and grant any relief necessary until such judgment is satisfied. See e.g., Chase Home Mortgage Corporation of the Southwest v. Good, 370 Pa. Super. 570, 537 A.2d 22 (Pa. Super. 1988) (damages may be reassessed in a mortgage foreclosure action before the satisfaction of judgment); B.C.Y. v. Bukovich, 257 Pa. Super. 121, 390 A.2d 276 (1978); Stephenson v. Butts, 187 Pa.Super. 55, 59, 142 A.2d 319, 321 (1958) (court may exercise power to control enforcement of judgment and may grant relief until judgment is discharged or satisfied); 20 P.L.E. Judgments § 191. It is well settled law that a creditor in a foreclosure action may amend its judgment before the sheriff sale. See, e.g., Nationsbanc Mortgage Corp. v. Grillo, 2003 PA Super 221, 827 A.2d 489 (Pa. Super. 2003), appeal denied, 577 Pa. 673 (Pa. 2004); Morgan Guar. Trust Co. of New York v. Mowl, 705 A.2d 923, 929 (Pa. Super. 1998), appeal denied, 556 Pa. 693, 727 A.2d 1121 (Pa. 1998); Union National Bank of Pittsburgh v. Ciongoli,407 Pa. Super. 171, 177, 595 A.2d 179 (Pa. 1991), appeal dismissed, 529 Pa. 436 (Pa. 1992). Pennsylvania law has recognized that a creditor must protect the collateral for its loan, up until the date of the sheriff sale, because a mortgage is not extinguished until the debt is paid. See e.g., Beckman v. Altoona Trust Co.,332 Pa. 545,2 A.2d 826(1939);see also Union National Bank of Pittsburgh v. Ciongoli, 407 Pa. Super. at 177. The Supreme Court of Pennsylvania has specifically held that the debt owed under a mortgage is subject to change (and should, affirmatively, be expected to change)because a creditor must advance monies for various expenses in order to protect its collateral. See e.g., Landau v. Western Pennsylvania National Bank, 445 Pa. 217, 282 A.2d 335 (1971). It is particularly important to permit creditors to amend their judgments to reflect property preservation costs due to the in rem nature of a foreclosure judgment. Meco Realty Company v. Burns, 414 Pa. 495, 200 A.2d 869 (1964). The above reasoning is crucial because if a mortgaged property is sold to a third-party at a sheriff sale, the plaintiff only recovers the amount of its judgment. In the instant case, the original judgment amount no longer adequately reflects the full amount due to Plaintiff under the Mortgage. As a result of Defendant's ongoing failure to tender payments, interest owed to Plaintiff has continued to accrue. The terms of the Mortgage unequivocally and plainly state that Defendant was and is required to tender payments of principal and interest due on the outstanding debt and the note specifies the rate of interest to be charged until the debt is paid in full or otherwise satisfied. Specifically, interest which began to accrue thirty (30) days prior to the date of the default and which will continue to accrue through the date of sheriff sale is prayed for. Through its proposed amended judgment figure, Plaintiff is simply asking the Court to enforce the terms of the Mortgage. The terms of the Mortgage further unequivocally and plainly state that Defendant was and is required to tender payments to cover taxes and insurance premiums assessed against the Property until the debt is paid in full or otherwise satisfied. Through its proposed amended judgment figure, Plaintiff is simply asking the Court to enforce the terms of the Mortgage. B. The relief sought will not prejudice Defendant because the foreclosure judgment is in rem. In Pennsylvania,the sole purpose of retaining a judgment in foreclosure is to take the mortgaged property to sheriff sale to satisfy the judgment,interest and costs.An in rem foreclosure judgment imposes no personal liability thereunder against the defendant.Newtown Village Partnership v. Kimmel, 424 Pa. Super 53, 55, 621 A.2d 1036, 1037 (1993) (It is well-established that an action in mortgage foreclosure is strictly in rem and thus may not include an in personam action to enforce personal liability);Insilco Corp. v. Rayburn, 374 Pa. Super. 362, 368, 543 A.2d 120, 123 (Pa.Super. 1988); Signal Consumer Discount Company v. Babuscio, 257 Pa. Super 101, 109, 390 A.2d 266, 270 (1978) (The very definition of a mortgage foreclosure action under Rule 1141(a) excludes "an action to enforce a personal liability"); Pa.R.C.P. 1141(a) (an action to foreclose a mortgage upon any estate, leasehold or interest in land shall not include an action to enforce a personal liability). Pennsylvania Rules of Civil Procedure however,require that a foreclosure judgment specify the amount due to the plaintiff. See Pa.R.C.P. 1147(6). In the event that the property is sold to a third-party purchaser at sheriff sale,the foreclosure judgment should specifically state an accurate monetary value to determine how much money the plaintiff receives from the distribution of funds after sheriff sale. Accordingly, Plaintiff's request to adjust the monetary amount of the judgment will not prejudice Defendant because Plaintiff's judgment remains strictly in rem. See Newtown Village Partnership v. Kimmel, 621 A.2d at 1037 (1993); Signal Consumer Discount Company v. Babuscio, 390 A.2d at 270; Pa.R.C.P. 1141. IV. CONCLUSION Pennsylvania law explicitly provides for the amendment of foreclosure judgments to accurately reflect the additional accrual of interest and any additional expenditure a creditor makes to preserve its security interest in a mortgaged property leading up to the sheriff sale. Despite specifying a monetary sum, a foreclosure judgment is strictly in rem, and imputes no personal liability on a defendant in a foreclosure action. Accordingly,the amendment of a judgment in foreclosure is both provided for in Pennsylvania law and non-prejudicial to a defendant in a foreclosure action. At all times,Plaintiff has relied on the terms of the Note and Mortgage with the understanding that it would recover the monies it expended to protect and recover its collateral. For all of the foregoing reasons, Plaintiff respectfully requests that this Honorable Court grant its Motion to Reassess Damages. WHEREFORE, Plaintiff respectfully requests that this Court amend the judgment as requested and for such other relief as the Court deems necessary. Dated: Philadelphia, PA Respectfully submitted, October 17, 2013 McCABE,WEISBER A , • By: Joseph . '1gaA / Couns• or t e Plaintiff McCABE,WEISBERG & CONWAY, P.C. BY: Joseph Riga, Esquire Attorney Identification Number 57716 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 Tele I hone: 215 790-1010 JPMC Specialty Mortgage LLC, CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS v. NO.: 2009-03568 Trisha L. Maxwell, Defendant. CERTIFICATION OF SERVICE I, Kimberly McCloskey, paralegal to Joseph F. Riga, Esquire, attorney for Plaintiff in the within matter, hereby certify that I served or caused to be served, a true and correct copy of the foregoing Motion to Reassess Damages with Supporting Memorandum of Law, by United States Mail, first class, postage prepaid, this_S:11—.day of October 2013, upon the following: Trisha Maxwell 306 S Enola Drive Enola, Pennsylvania 17025 / , LA■ Awl Mt Kimberly M 'oskey, Paralegal for J% - .h F. Riga EXHIBIT "A" • McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET CAIRO,ESQUIRE-ID# 34419 123 South Broad Street,Suite 2080 Philadelphia,Pennsylvania 19109 (215)790-1010 JPMC Specialty Mortgage LLC Cumberland County 10790 Rancho Bernardo Road Court of Common Pleas San Diego,California 92127 Number v. Trisha L. Maxwell 306 S Enola Drive Enola,Pennsylvania 17025 CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE AVISO You have been sued in court. If you wish to defend Le han demandado a usted en la cone. Si usted quiere against the claims set forth in the following pages,you defenderse de estas demandas ex-puestas en las paginas must take action within twenty (20) days after this siguientes,usted tiene veinte(20)dias de plazo al partir complaint and notice are served,by entering a written de la fecha de la demanda y la notificacion. Hace falta appearance personally or by attorney and filing in asentar una comparencia escrita o en persona o con un writing with the court your defenses or objections to the abogado y entregar a la corte en forma escrita sus claims set forth against you. You are warned that if you defensas o sus objeciones a las demandas en contra de fail to do so the case may proceed without you and a su persona. Sea avisado que si usted no se defiende,la judgment may be entered against you by the court corte tomara medidas y puede continuar la demanda en without further notice for any money claimed in the contra suya sin previo aviso o notificacion. Ademas,la complaint or for any other claim or relief requested by corte puede decidir a favor del demandante y requiere the plaintiff You may lose money or property or other que usted cumpla con todas las provisions de esta rights important to you. demanda. Usted puede perder dinero o sus propiedades u.otros derechos importantes para usted. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT USTED LE DEBE TOMAR ESTE PAPEL A HAVE A LAWYER,GO TO OR TELEPHONE THE SU ABOGADO INMEDIATAMENTE. USTED NO OFFICE SET FORTH BELOW. THIS OFFICE CAN TIENE A UN ABOGADO,VA A 0 TELEFONEA LA PROVIDE YOU WITH INFORMATION ABOUT OFICINA EXPUSO ABAJO. ESTA OFICINA LO HIRING A LAWYER. PUEDE PROPORCIONAR CON INFORMATION IF YOU CANNOT AFFORD TO HIRE A ACERCA DE EMPLEAR A UN ABOGADO. LAWYER, THIS OFFICE MAY BE ABLE TO SI USTED NO PUEDE PROPORCIONAR PROVIDE YOU WITH INFORMATION ABOUT PARA EMPLEAR UN ABOGADO,ESTA OFICINA AGENCIES THAT MAY OFFER LEGAL SERVICES PUEDE SER CAPAZ DE PROPORCIONARLO CON TO ELIGIBLE PERSONS AT A REDUCED FEE OR INFORMACION ACERCA DE LAS AGENCIAS NO FEE. QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN Cumberland County Bar Association HONORARIO REDUCIDO NI NINGUN 2 Liberty Avenue HONORARIO. Carlisle,Pennsylvania 17013 (800)990-9108 Cumberland County Bar Association 2 Liberty Avenue Carlisle,Pennsylvania 17013 (800)990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is JPMC Specialty Mortgage LLC,a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Trisha L.Maxwell,who is the mortgagor and real owner of the mortgaged property hereinafter described,and his/her last-known address is 306 S Enola Drive,Enola,Pennsylvania 17025. 3. On February 14, 2006, mortgagor made, executed and delivered a mortgage upon the premises hereinafter described to Ameri quest Mortgage Company which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1942,Page 2925. 4. The aforesaid mortgage was thereafter assigned by Ameriquest Mortgage Company to JPMC Specialty Mortgage LLC, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. 5. The premises subject to said mortgage is described in the mortgage attached as Exhibit"A" and is known as 306 South Enola Drive,Enola,Pennsylvania 17025. 6. The mortgage is in default because monthly payments of principal and interest upon said mortgage due February 1, 2009 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. 7. The following amounts are due on the mortgage: Principal Balance $ 85,082.49 Interest through May 19,2009 $ 2,947.80 (Plus$20.96 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 251.52 Corporate Advance $ 292.00 GRAND TOTAL $ 89,823.81 8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13,et seq.,commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail,return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of$89,823.81, together with interest at the rate of$20.96 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: Attorneys for P intiff TERRENCE J.McCABE,ESQUIRE MARC S.WEISBERG,ESQUIRE EDWARD D.CONWAY,ESQUIRE MARGARET GAIRO,ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action,and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff,who is not available to sign this,are true and correct to the best of his/her knowledge,information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: Attorneys for laintiff TERRENCE J.McCABE,ESQUIRE MARC S.WEISBERG,ESQUIRE EDWARD D.CONWAY,ESQUIRE MARGARET GAIRO,ESQUIRE EXHIBIT "B" X2870 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle,Pennsylvania 17013 Prothonotary To: Trisha L.Maxwell 306 S Enola Drive Enola,Pennsylvania 17025 JPMC Specialty Mortgage LLC COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY v. Trisha L.Maxwell No.2009-03568 Defendant NOTICE Pursuant to Rule 236,you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. ee/4156(W:.47 Prothonotary 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. 7//rn McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET CAIRO,ESQUIRE-ID# 34419 123 South Broad Street,Suite 2080 Philadelphia,Pennsylvania 19109 (215)790-1010 JPMC Specialty Mortgage LLC CUMBERLAND COUNTY COURT OF COMMON PLEAS c., Plaintiff r . v Number 2009-03568 ,c Trisha L. Maxwell Defendant ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT • TO THE PROTHONOTARY: Kindly enter judgment by default in favor of Plaintiff and against Defendant in the above-captioned matter for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal $ 89,823.81 Interest from 05/20/09 to 07/07/09 $ 1,027.04 Total $ 90,850. 5 Aiii. TERREN E J.McCABE,ESQUIRE MARC S.WEISBERG,ESQUIRE EDWARD D.CONWAY,ESQUIRE MARGARET GAIRO,ESQUIRE Attorneys for Plaintiff AND NOW,this pi day of 2009,Judgment is entered in favor of Plaintiff,JPMC Specialty Mortgage LLC,and against Defendan,Trisha L.Maxwell,and damages are assessed in the amount of $90,850.85,plus interest and costs. IIY .E PR Y: Air �THONOT-,� '!� arAili McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 123 South Broad Street,Suite 2080 Philadelphia,Pennsylvania 19109 (215)790-1010 JPMC Specialty Mortgage LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. Trisha L. Maxwell Number 2009-03568 Defendant • AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: SS. COUNTY OF CUMBERLAND The undersigned,being duly sworn according to law,deposes and says that the Defendant,Trisha L. Maxwell,is not in the Military or Naval Service of the United States or its Allies,or otherwise within the provisions of the Soldiers'and Sailors'Civil Relief Act of Congress of 1940 as amended;and that the Defendant,Trisha L. Maxwell,is over eighteen(18)years of age,and reside as follows: Trisha L. Maxwell 306 S Enola Drive Enola,Pennsylvania 17025 I is.„.., A SWORN AND SUBSCRIBED TERRE 'CE,J.McCABE,ESQUIRE-- ME THIS_7'h_DAY MARC S.WEISBERG,ESQUIRE OF JULY ,2009 EDWARD D.CONWAY,ESQUIRE MARGARET GAIRO,ESQUIRE Attorneys for Plaintiff N A Y PUBLIC COMMONWEALTH OF=;"M"YLVANIA ' NO'1'ARIA .... A Shelita Lynn Gask. . ;;ruh!ic City of Philadelphia, , County MY COMMISSION E::": :.,NE 12.2013 1 • McCABE,WEISBERC AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID#16496 Attorneys for Plaintiff MARC S. WEISI3ERG, ESQUIRE-ID# 17616 EDWARD D.CONWAY, ESQUIRE -ID#34687 MARGARET CAIRO,ESQUIRE-ID# 34419 123 South Broad Street,Suite 2080 Philadelphia,Pennsylvania 19109 (215)790-1010 JPMC Specialty Mortgage LLC COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY v. Number 2009-03568 Trisha L.Maxwell Defendant AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANT The undersigned,attorney for the Plaintiff in the within matter,being duly sworn according to law,hereby depose and say that the last-known mailing address of the Defendant is: Trisha L. Maxwell 306 S Enola Drive Enola, Pennsylvania 17025 4A-(- t ° ' I1 SWORN AND SUBSCRIBED TERRENCE J.McCABE,ESQUIRE BEFORE ME THIS_ DAY MARC S.WEISBERC,ESQUIRE OF 2009/ EDWARD D.CONWAY,ESQUIRE era MARGARET CAIRO,ESQUIRE �f 4 .�:, , Attorneys for Plaintiff TAR UBLI COMMONWEALTH OFPENNSYI..VANIA NOTARIAL. SEAL Shelita Lynn Gaski;;-Notary Public City of Philadelphia,Philadelphia County MY COMMISSION:EXPIHES JUNE 12,2013 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J.McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S.WEISBERG,ESQUIRE-ID#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET CAIRO,ESQUIRE-ID# 34419 123 South Broad Street,Suite 2080 Philadelphia,Pennsylvania 19109 (215)790-1010 JPMC Specialty Mortgage LLC CUMBERLAND COUNTY COURT OF COMMON PLEAS Plaintiff v. Trisha L.Maxwell Number 2009-03568 Defendant CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff,being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendant that judgment would be entered against him/her within ten(10)days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit"A". 441 SWORN AND SUBSCRIBED TERRENCE J.McCABE,ESQUIRE BEFORE ME THIS_7`1' DAY MARC S.WEISBERG,ESQUIRE OF JULY,2009 / EDWARD D.CONWAY,ESQUIRE ( MARGARET CAIRO,ESQUIRE _,A r _ .IA Allie Attorneys for Plaintiff ' ARY PURL! COMMONWEALTH CP'PENNSYLVANIA NOTAP' '- I. EAl- Shelita Lynn'.;..:r,;Iii-N,:tary Public City of Philadelt'':a,P'iiladeIphia County MY COMMISSION EXPIRES JUNE 12,2013 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. r W TER RENCE J.McCABE,ESQUIRE MARC S.WEISBERG,ESQUIRE • • EDWARD D.CONWAY,ESQUIRE MARGARET GAIRO,ESQUIRE Attorneys for Plaintiff OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle,Pennsylvania 17013 Curt Long Prothonotary June 24,2009 To: Trisha L. Maxwell 306 S Enola Drive Enola,Pennsylvania 17025 JPMC Specialty Mortgage LLC Cumberland County vs. Court of Common Pleas Trisha L. Maxwell Number 2009-03568 NOTICE,RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE NOTIFICACION IMPORTANTE YOU ARE IN DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A USTED SE ENCUENTRA EN ESTADO DE REBELDIA POR NO HABER WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE IN PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE PERSONALMEN7E O POR ABOGADO Y PORNO HABER RADICADO POR CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WITHIN TEN(10) ESCRITO CON ESTE TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS DAYS FROM THE DATE OF THIS NOTICE,A JUDGMENT MAY BE ENTERED RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA AGAINST YOU WITHOUT AHEARINGANDYOUMAYLOSEYOURPROPE TY ACCION DEBIDA DENTRO DE DIEZ(10)BIAS DE LAFECHA DE ESTA OR OTHER IMPORTANT RIGHTS. NOTIFICACION, EL TRIBUNAL PODRA, SIN NECESIDAD DE You SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU COMPARECER USTED EN CORTE U OIR PREUBA ALGUNA,DICTAR DO NOT HAVE A LAWYER,GO TO OR TELEPHONE THE OFFICE SET FORTH SENTENCIA EN SU CONTRA Y USTEDPODRIA PERDERDIENES U OTROS BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT DERECHOS IMPORTANTES. HIRING A LAWYER. USTED LE BEBE TOMAR ESTE PAPEL A SU ABOGADO IF YOU CANNOT AFFORD TO HIRE A LAWYER,THIS OFFICE MAYBE ABLE INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO,VA A 0 TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER TELEFONEA LA OFICINA EXPUSO ABAJO.ESTA OFICINA 1.0 PUEDE LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. PROPORCIONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. Cumberland County Bar Association SI USTEDNOPUEDE PROPORCIONAR PARAEMPLEARUN ABOGADO, 2 Liberty Avenue ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON Carlisle,Pennsylvania 17013 INFORMACIONACERCA DE LAS AGENCIAS QUE PUEDENOFRECER LOS (800)990-9108 SERVICIOS LEGALES A PERSONAS ELEC,IBLES EN UN HONORARIO REDUCIDO NI NINGt1N HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle,Pe 'a 17013 (800) "s-9108 BY: Attorneys for Plaintiff TERRENCE J.McCABE,ESQ i' MARC S.WEISBERG,ESQ 1' EDWARD D.CONWAY,ESQ 1' MARGARET GAIRO,ESQUIRE ANDREW L.MARKOWITZ,ESQUIRE EXHIBIT "C" McCABE,WEISBERG AND CONWAY,P.C. Attorneys for Plaintiff BY TERRENCE J.McCABE,ESQUIRE-ID#16496 MARC S.WEISBERG,ESQUIRE-11)#17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-1D# 28009 HEIDI R.SPIVAK,ESQUIRE-ID#74770 MARISA J.COHEN,ESQUIRE-ID#87830 ' `, KEVIN T.MCQUAIL,ESQUIRE-ID#307169 r .� CHRISTINE L.GRAHAM,ESQUIRE-ID#309480 BRIAN T.LAMANNA,ESQUIRE-ID#310321 ANN E.SWARTZ,ESQUIRE-ID#201926 = ---3 JOSEPH F.RIGA,ESQUIRE-ID#57716 JOSEPH T.FOLEY,ESQUIRE-ID#314675 = c CELINE P.DERKRIKORIAN-ID#313673 t 123 South Broad Street,Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 JPMC Specialty Mortgage LLC, Plaintiff, CUMBERLAND COUNTY COURT OF COMMON PLEAS V. No. 2009-03568 Trisha L. Maxwell, Defendant. PRAECIPE TO REDUCE JUDGMENT AMOUNT TO THE PROTHONOTARY: Kindly reduce the judgment amount entered in the above captioned case by$61.32 from $90,850,85 to$90,789.53. DATE: 7)34 )it7 McC S R AND •NWAY,P.C. B s'=' [ ] rrence 3.McCabe,Esquire [ ]Marc S.Weisberg,Esquire [ Edward D.Conway,Esquire [ ]Margaret Cairo,Esquire ]Andrew L.Markowitz,Esquire [ ]Heidi R.Spivak,Esquire [ ]Marisa J.Cohen,Esquire [ ]Kevin T.McQuail,Esquire [ ]Christine L.Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E.Swartz,Esquire [ ]Joseph F.Riga,Esquire [7'Jaseph"I.Foley,Esquire [ ]Celine P.Derkrikorian,Esquire Attorneys for Plaintiff EXHIBIT "D" "71103 ROBERT F. ZIE_aE!t RECORDER Cr C EDS OU!►QERLAt,D "\ ZOOS r'IRR ? Pfi 1 23 Prepared By: Aaerigueat Mortgage Company Meera Nalavadi 10600 White Rook Road, Suite 200-27 Rancho Cordova, CA 95670 Return To: Aaeriquest Mortgage Company P.O. Box 11507, Santa Ana, CA 92711 Parcel Number. 09151291310 Premises: 306 S Enola Drive, BNOLA, PA 17025 ]Sp.se Abwe Tats Lb*For R.aadl.g Dots] MORTGAGE DEFINITIONS Words used in mui .le sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18,20 • 21.Certain rules regarding the usage of words used in this document are also provided in Section 16. (A)"Security Instrument"means this document,which is dated February 14, 2006 together with all Riders to this document. (B)"Borrower"is TRISHA L. 14t1XNZLL, SIl1CLi • Borrower is the mortgagor under this Security Instrument (C)"Lender"is Ameriquest Mortgage Company • PENNSYLVANIA-Sinole Family-Fannie MaNFmddb Mac UNIFORM INSTRUMENT Fonn 3035 1101 02/14/2006 2:21:00 0144023488-7427 AM6PA lases) L 1'Vr 11111111M011 Papa 1 al 10 Ucelms Sallon.rK(030)S21-72111 Exhibit A E( I 942PG2925 • Lender is a Corporation organized and existing under the laws of Delaware . Lender's address is 1100 Town and Country Road, Suits 200 Orange, CA 92868 Lender is the mortgagee under this Security Instrument (D)"Note"means the promissory note signed by Borrower and dated February 14, 2006 . The Note states that Borrower owes Lander eighty—six thousand nine hundred seventeen and 00/100 Dollars (U.S.$ 86,917.00 )plus interest Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than March 1, 2036 . (E) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (F)"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 (G) "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 Balloon Rider Planned Unit Development Rider 1-4 Family Rider VA Rider Biweekly Payment Rider Others)(specify] "Applicable Law" means all controlling applicable federal, state and local statutes, , and administrative rules and orders(that have the effect of law)as well as all applicable final, (I) "Comm-mashie=10 Association Dues,Fees,and Assessments"means all dues,fees,assessments and other charges that are imposed,on Borrower or the Property by a condominium association, homeowners association or similar an. (J)"Electronic Funds Transfer"means any transfer of funds,other than a transaction originated by check, drag,or similar paper instrument, which is initiated an electronic terminal,tel instrument, computer,or magnetic tape so as to order,instruct,or an • e a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale iransferst automated teller machine transactions,transfers initiated by telephone,wire Madera,and automated clearinghouse transfers. CK)"Escrow Items"means those items that are described in Section 3. (L) "Miscellaneous Proceeds"means any tion,settlement,award of damages,or proceeds paid by any third party(other than insurance pai under the coverages described in Section 5)for(r1) damage to, or destruction of the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or(iv)misrepresentations of, or omissions as to, the value and/or condition of the Property. bass: 1,_el\ AMVPA(0606) P,s.Za ee Form 3039 1/01 0144023488-7427 02/14/2006 2:21:00 - .: •_ II6X.J 942PG2926 • • • • Z "Mortgage Insurance"means insurance protecting Lender against the nonpayment of,or default on, (N)"Periodic Payment"means the regularly scheduled amount due for(i)principal and interest under the Note,plus(ii)any amounts under Section 3 of thin Securityt�►Instrument. (0) "REST means the Real Estate Settlement Proced"ur s Act(12 U.S.C. Section 2601 et seq.)and its implementing gula�n,Regulation X(24 C.F.R.Part 3500),as might be amended from time to time, or any additio al or successor legislatiion or regulation that governs the same subject matter.As used in this Securi lnstntment, "RFSPA" refers to all requirements and restrictions that are ' in regard to a "federal related mortgage loan"even if the Loan does not qualify as a"federally mortgage loan" under PA. (P)"Successor in Interest of Borrower"means an 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:(i)the repayment of the Loan,and all renewals,extensions and modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security Instrument and the Note.For this pu pose,Borrower does.hereby mortgage,grant and convey to Lender the following described property located in the County [Type of Recording Jurisdiction) of CLTh &RLAND (Nacre of Reoordies!indiction): Legal Description Attached Hereto and Made a Part Hereof. which currently has the address of 306 S Enola Drive [Sweet) ENOLA [Cm,Pennsylvania 17025 [zip Code] ("Property Addr ss"): AI WPA nos) P"s.oa a Form 3039 1/01 02/14/2006 2:21:00 0144023488-7427 eel BK 19It 2PG2927 • TOGETHER WITH all the improvements now or hereafter erected on the property, a appurtenances,and fixtures now or hereafter a part of the property.All replacements- and be covered by this Security Instrument.All of the foregoing is referred to in this Security Instrument as the "Property." COVENANTS that Borrower is lawfully seised of the estate hereby and has the right to mortgage, grant and convey the Property and that the is except for encumbrances of reread. Borrower warrants and_ ilfwi defend generally t�title to the Property against all claims and demands,subject to encumbrances of record. THIS SECURITY INSTRU IBNT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real PrciPe 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 ev evidenced by the Note and any prepayment charges and late charges due under the Note.Borrower shall also pay hinds 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 ' be made in one or more of the following forms,as selected by Lander: (a)cash;(b)money(c)certified check,bank check,treasurer's check or cashier's check, provided any such chock is drawn upon an institution whose deposits are insured by a federal agency, instrumentality,or entity;or(d)Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current Lender may accept any payment er partial payment insufficient to bring the Loan current,without waiver of any hereunder or prejudice to its rights to refuse such payment or partial payments in the future,but s not ob. to apply such payments at the time such payments are accepted.If each Periodic Payment is applied as of its scheduled due date,then bender need not pay interest on unapplied funds.Lender may bold such unapplied fiords 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 finds or return them to Borrower.If not applied earlier, such finds will be applied to the uutatsndmg principal balance under the Note immediately prior to foreclosure.No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from maknng 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. as otherwise described in this Section 2, all payments accepted and applied by Lender shall be in the followlg order of (a)interest due under the Note;(b)principal tunder the Note;(c amounts due under Section 3.S�yments shall be applied to each PPeriodic PPss in the order m which it became due. Any torturing amounts shall be =dfirst to into charges,second to any other amounts due under this Security Instrument,and then to the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Pa . • which wand_s a sufficient amount to pay any late charge due,the payment may be applied to the . .. . payment late charge.If more than one Periodic Payment is ou ,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 1L( AMOPA Pop 4 of+s Form 3039 1/01 0144023488-7427 02/14/2006 2:21:00 lIIlMIII OK I942PG2928 • • 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 fist to any prepayment charges and then as descried in the Note. Any application of payments,insurance proceeds,or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date,or change the amount,of the Periodic Payments. 3.Funds for Escrow Items.Borrower shall pay to Lender on the day Periodic are due under the Note,until the Note is paid in full,a sum(t"Funds' to provide for payment 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 lieu of the payment of Mortgage Insurance , ' . in accordance with the provisions of Section 10.These items are called"Facmw Item."At • _ • , or at any time during the term of the Loan,Lender may require that Community Association Dues,Fees, and Assessments,if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Item.Lender may waive Borrower's obligation to pay to Leader Funds for any or all Escrow Items at any time.Any such waiver may only be in writing.In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Itans for which payment of Funds has been waived by Lender and if Lender requires, shall famish 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 contamed in this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lander any such amount.Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation,Borrower shall pay to Lender all Funds,and in such amounts,that are then required under this Section 3. Lender may,at any time,collect and hold Funds in an amount(a)sufficient to permit Lender to apply the Funds at the time specified under RESPA, and(b)not to exmd the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law. The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,or entity(including Lender,if Lender is an institution whose deposits are so or m any Federal Home Loan Bank.Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not Borrower for holding and applying the Funds,annually analyzing the escrow account,or verifying the w Items,unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge.Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,Lender shall not be required to pay Borrower any interest or earnings on the Funds.Borrower and Lender can agree in writing,however,that interest shall be AM6PA 61609) Pew s at to Fenn 3030 1101 0144023488-7427 02/14/2006 2:21:00 B 1942PG2929 • • • • • 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, Lender shall account to Borrower for the excess finds in accordance with RESPA.If there is a shortage of Funds held in escrow,as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA,but in no more than 12 monthly payments.If there is a deficiency of Funds held in escrow,as defined under RESPA,Lender shall notify Borrower as required by RESPA,and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA,but in no more than 12 monthly payments. Upon payment in frill of all sums secured by this Security Instrument,Lender shall promptly refund to • Borrower any Funds held by Lender. 4. Charges; Lens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument,leasehold payments or ground rents on the Property,if any,and C7onmmmmity Msociatioa Dues,Fees,and Assessments,if any.To the extent that these items are Escrow Items,Borrower shall pay them in the warmer provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower:(a)agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender,but only so long as Borrower is performing such agreement;(b)contests the lien in good faith by, or defends against enforcement of the lien in,legal proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are peeling, but only until such proceedings are concluded;or(c)secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given,Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4. Lender may Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by 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 floe flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. 1- AMSPA rose► PppadIs Form 3039 1101 0144023488-7427 02/14/2006 2:21:00 --'oo3Soiia t 1 BK 1942PG2930 • • 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 mi¬ protect Borrower,Borrower's equity in the ,or the contents of the Property,against any risk, d or and might provide -greater or coverage than was previously in effect Borrower acknowledges that the cost of the insurance coverage so obtained significantly exceed the cost of insurance t Borrower could have obtained.Any amounts disbursed by Lender under this Section S shall become additional debt of Borrower secured by this Security bstrsmeat.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 All insurance required dbby Lender and renewals of such policies shall be subject to Leader's right to disapprove such ppoo al shall include a standard clause, and shall name Lender as nxti s. or as an additional i l loss payee.Lender shall have the right to hold the policies and renewal If Lender Borrower shall promptly give to Lender all receipts of and renewal notices.If Borrower any form of insurance coverage,not otherwise required Lender,for damage to or destruction oi;the Property,such policy shall include a standard mortgage clause and shall name as mortgagee and/or as an additional loss payee. In the event of loss,Borrower shall give prompt notice to the insurance carrier and Lender.Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree re writing,any insurance proceeds,whether or not the underlying insurance was required by Lender,shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.During such repair and restoration period,Lender shall have the to hold such insurance proceeds until Lender has had an opportunity to inspect such to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly.Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed.Unless an agreement is made in writing or le Law requires interest to be paid on such insurance proceeds,Lender shall not be required to pay Bi say interest or earnings on such proceeds.Fees for public usters,or other third parties,retained by Borrower shall not be paid out of the insurance proceeds and shall the sole obligation of Borrower.If the restoration or repair is not feasible or Lender's security would be lessened,the insurance proceeds shall be applied to the stuns secured by this Security Instrument,whether or not then due,with the excess, if any, paid to Borrower.Such insurance proceeds shall be applied in the order prov for in Section 2. If Borrower abandons the Property,Lender may file,negotiate and settle available insurance claim and related matters.If Borrower does not respond within 30ys to a notice horn Lender that the insurance carrier has offered to settle a claim,then Lender may negotiate and settle the claim.The 30-day period will begin when the notice is given. In either event, or if�acquires the Property under Suction 22 or otherwise,Borrower hereby amigos 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 policies than right to any refund of unearned premiums paid by Borrower) under all insurance po' covering Property,insofar as such rights are applicable to the coverage of the Property.Lender may use the insurance proceeds either to repair or restore One Property or to pay amounts unpaid under the Note or this Security Instrument,whether or not then due. 6. Occupancy orrower shall occupy, establish, and use the Property as Borrower's principal residence within 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 LoA AM6PA(0605) rs.7 a 1s Form 3O3 1A1 0144023490-7427 02/14/2006 2:21:00 1111111MNII BK 1942PG293 I • • • • • • otherwise agrees,in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,damage or impair the �peityy allow the Property to deteriorate or commit waste on the Whether or not Borrower is residing m the Property, Borrower shall maintain the Property in to prevent the Property from deteriorating or decreasing in value doe 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 dammed to avoid Bother deterioration or damage.If iiismranc:e or condemnation proceeds are paid in connection with damage to,or the taking oi,the Property,Borrower shall be r s op obk for a� or restoring the �y if Lender has released proceeds forr such purposes. [,,ender may proceeds for the and restoration in a single payment or in a series of progress payments as the work is completed. If the 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 inspections of the Property. If it has reasonable cause,Lender may i spect the interior of the inprovementson the Property.Lender shall give Borrower notice st the time of or prior to such an interior inspection specifying such reasonable cause. 8.Borrower's Loan Application.Borrower shall be in default it 664 the Loan applieetioo , Borrower or any persons or entities acting at the direction of Borrower or with Borrower's known d or consent gave materially falser or inaccurate information or statements to Lender(or to provide Lender with material mfonnation)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 lei proceeding that might significantly afflict Lender's interest in the Property and/or rights under this Security Instctc use rat (such as a proceeding in ba kaptcy, probate, for condemnation a forfeiture, for enforcement of a lien which may attain priori over_ this Security Instrument or to enforce laws or regulations), or(c)Borrower has abandoned the Property, then may do and pay for whatever is reasonable or • to to protect Lender's interest is the Property and rights under this Security Instrument,inc lr protecting and/or assessing the value of the Property,and securing and/or reLakinjtitig Property.Lender's actions can include,but are not limited to:(a)paying any sums secured by a • has priority over this Security Instrument;(b appea ring in court;and(c)paying reasonable attorneys'fees to protect its interest in the Property and/or under this Security Instrument,including its secured position in a bankruptcy proceeding.Securing the includes,but is not limited to,entering the Property to make repairs, change locks, replace or up doors and windows, drain water from pipes, elimina building or other code violations or dangerous conditions, and have utilities turned on or off.Although Lender may take action under this Section 9?Lender does not have to do so and is not under any duty or obligation to do so.It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9. Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If Security Instrument is on a leasehold,Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property,the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing. merir:1 I..r1/4 AM6PA tom pop soils Form 3039 1101 0144023488-7427 02/14/2006 2:21:00 1111112111111111 BK1942PG2932 -----... .. k y-....- •. , • 10.Mortgage Insurance.If Lender required M Insurance as a condition of malting the Loan, Borrower shall pay the premiums required to maintain Insurance in effect.I4 for any reason, the M a Insurance coverage required by Lender ceases to available front the mortgage insurer that pn;v y provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,Borrower shall a to obtain coverage t to equivalent to the previously the Bo of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by L ender.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. use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insrancx� loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in IA and Lender shall not be required to pay Borrower any interest or amisrgs on such loss reserve.Lender can no larger require loss reserve payments if Insurance coverage(in the amount and for the period that Deader requires)provided by an insurer s liMeby Lender again becomes available, is obtained, and Lender rectums separately designated payments toward the premiums for Mortgage Insurance. If Lender required Insurance as a condition of making the Loan and Borrower was required to make separately , payments toward the premiums for Mortgage Insurance, Borrower shall pay the prep ms to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve,murk s requirement for Mortgage ends e in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is requi ed byApplicable Law.Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender(or entity that purchases the Note)_for certain losses it may incur if Borrower does not repay the Loan as a Borrower is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total on all such insurance in force from time to time,and may enter into agreements with other parties that share or modify their risk,or reduce losses.These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party(or prudes)to these a These agreements may require the m rtgege insurer to makeus�any source of that the mortgage insurer may have available(which any include 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 forego.may receive(directly cc' )amounts that derive from(or might be characterized as)a portion of Borrower's payments for Mortgage Inmance,in exchange for sharing or modifying the mortgage insurer's risk,or reducing losses.If such agreement provides that an affiliate of Lender takes a share of tth a insurer's risk in exchange for a share of the premiums paid to the insurer,the arrangement is often termed"captive reinsurance."Further: (a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance,or any other terms of the Loan.Such spwmaats will not increase the amount Borrower will owe for Mortgage Insurance,sad they will net entitle Borrower to any refund. (b)Any such agreements will not affect the sights Borrower has-If any•with to the More e tgage Insurance under the Homeowners lrotbos Act of 1905 or any other law.These rights may Include the right to receive certain disclosures,to request and obtain cancellation of the Mortgage Insurance,to have the Mortgage Insurance tergdwted automwatleally,and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination. worierri..M AIWA csoee vas.s a es Poem 3030 1101 0144023488-7427 02/14/2006 2:21:00 UI1It SKI942PG29-33 • • • 11. t of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged,such Miscellaneous Proceeds shall be to restoration or repair of the Property,if the restoration or repair is economically feasible and Lender's security is not lessened.Property,repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had as to inspect such Property to ensure the work has been coimpleted to Lender's satisfaction, that inspection shall be undertaken proms pdy.Lender may pay for the and restoration in a single disbursement or in a series of progress payments as the work is��an agreement is made in writing or Applicable Law requires interest to be paid on Misc�aneous 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 y would be lessened,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess, if any,paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the evert of a total taking,destruction,or loss in value of the Property,the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument,whether or not then due,with the excess,if any,pull to Borrower. In the event of a partial taking, or loss in value of the Property in which the fair market value of the Property immediately before d� destruction,or loss in value is equal to or greater than the amount of the sums secured by thus Security immediately before the partial taking, destruction,or loss in value,unless Borrower and Lender otherwise g�e in writing.the sums secured by Mi this city Instrument shall be reduced by the amount of the scellaneous Proceeds multiplied the following fraction: (a) the total amount of the sums secured immediately before the penis! • destruction,or loss in value divided by(b))the fair market value of the Property immediately before - partial taking,destruction,or loss in value.Any balance shall be paid to Borrower. In the event of a partial taking,destruction,or loss is 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 MMiscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the shims are then due. If the Property is abandoned by Borrower,or if,alter notice by Lender to Borrower that the Party(as defined in the next sentence)offers to make an award to settle a claim for damages,Borrower to respond to Lender within 30 days alter the date the notice is given,Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. " gg Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom 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 in painnent of Lender' interest in the Property or rights under this Security Instrument.Borrower can cure such a default and;if acceleration has occurred,reinstate as provi ded in Seaton 19,by causing the action or proceeding to be dismissed with a ruling that, in Lender's Jam.,precludes forfeitu a of the Property or other material impairment of Landers interest in the Property or rights under this Security Instrument The proceeds of any award or claim for ages that are attributable to the impairment of Lender's intend in the Property are hereby assigned and shall be paid to Lender. AMIPA pits) sus.to or is Form 3039 1101 0144023488-7427 02/14/2006 2:21:00 iD0 t BK 1942PG2934 • All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of die time for payment or modification of amortization of the sums secured by this Security Instrument ,Borrower Lender or to Borrower or any Successor in Interest of Borrower shall not operate to release the ' of any Successors in Interest of Borrower.Lender shall not be required to commence , ,--- against any Successor in Interest of Borrower or to refine to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Lander in exercising any right or remedy including,without limitation,Lender's acceptance of payments from third persons,entities or Successors in Interest of Borrower or in amounts less than the amount then due,shall not be a waiver of or preclude the exercise of any right or remedy. 13.Joint and Several L ability; C Successors and Assips Bond.Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several.However any Borrower who co-signs this Security Instrument but does not execute the Note (a 'co-signal: (a) is this Security Instrument only to grant and convey the co-signer's interest in the the terms of this Security Instrument )is not personally obligated to pay the sums secured e Security Instrument and(c)agrees that and any other Borrower can agree to extend,modify,forbear or make any accommodations with regard to the temps of this Security Instrument or the Note without the co-signer's consent. Subject to the provisions of Section 18,any Successor in Interest of Borrower who assumes Borrower's obligations under this Security Instrument in , and a by Lender, shall obtain all of Borrower's rights and benefits under this Security ewer shall not be released from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such release in wriblag.The covenants and agreements of this Security Instrument shall bind(except as provided in Section 20)and benefit the successors and assigns of Leader. 14. Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's dehuh, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument,including,but not limited to,attorneys'fees,property inspection and valuation fees.In regard to any other fees,the absence of express authority in this.Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the harm'of such fee.Lender may not fees that are expressly prohbited by this Security Instrument a by Appliabk Law. If the Loan is subject to a law which sets maximum loan charges,and that law is finally interpreted so that the interest or other loan cages collected or to be collected in connection with the Loan exceed the permitted limits, thew (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit;and(b)any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower.Leader may choose to make this refund by reducing principal owed under the Note or by making a direct.payment to Borrower.If a ref nd reduces the reduction will be treated as a partial prepayment without any prepayment payment charge(whether or not a psepsyment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have out of such overcharge. 15.Notices.All notices given by Harrower or Lender in connection with this ecarity Instrument must be in writing.Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means.Notice to any one Borrower shall constitute notice to all Borrowers unless Zlrh AMAPA eel) Paps to ale Form 3030 1101 0144023488-7427 02/14/2006 2:21:00 t BK ! 942PG2935 . . . 1 .,,... -.�... _. „.. . ...... . . . . ._ ...__- ,.,..._ • Applicable Law expressly • otherwise. The notice address shall be the Address unless Borrower has designated*nsnl ' notice address by notice to Lender. Bor owerP promptly notify Lender of Borrower's change of address.If Lender specifies a procedure for Borrower's change of d shall only report change f through procedure. may address, designated notice address under this Security Instrument at any one time.Any notice to Lender shall be given by deli it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated by notice to Borrower.Any notice in connection with this Security Instrument shall not be deemed to have been given to Leader until actually received by Lender.If any notice ryzuved by this Security Instremment is also under Law,the Applicable Law requirement the cores ending requirement .tis Securi yt I 1f. Laaw; ,Ruler if Construe ...This Security Instrument shall be versed by federal law the law of the in which the Property is located.All rights and obligstions contained in this Security Instrument are subject to any requirements and limitations offal pliable Law: awe Applicable Law might explicitly or implicitly allow the parties to a contract or it • ,5t be silent,but such silence shall not be construed as a prohibition againa�by contraenI�the event that provision or clause of this any not affect other provisions of Security Instrument or the Note which effect without the conflicting provision. As used in this Security Instrument (a) words of the masculine gender shall mean and include coarespoodmg neuter words or words of the feminine gender (b) words in the singular shall mean and include the phual and vice versa;and(c)the word"may"gives sole discretion without any obligation to take any action. 17.Borrower's Copy.Borrower shall be given one copy of the Note and of this Security Instrument. eaesdal 18. Transfer of the Property or a B Interest In Borrower. As used this Section 18, "Interest in the Property"means any legal or beneficial interest in the . . ie m,,including,but not limited to, in - those beneficial interests transferred a bond for deed, contract for .- . stalbnent sales contract or escrow agreement,the intent of which is the transfer of title by Borrower at a tore date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transferred(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or without Lender's prior written consent, Lender may require immediate payment in hull of all suns 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 providesperiod of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument If Borrower fails to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Restate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security In trument discontinued at ananyy time prior to the earliest of:(a)five days before sale of the Property putsuant to any power of sale con ed in this Security Instrument (b) such other period as Law might Ramify for the termination of Borrower's right to reinstate;or(c)entry of a'udgment enforcing this Security Instrument.Those conditions are that Borrower:(a)pays Leader all sums which then would be due under this Security Instrument and the Note as if no acceleration bad occurred;(b)cures default of any other covenants or agreements;(c)pays all expenses incurred in enforcing this Seauity�t, including, but not limited to, reasonable a T f\ AIWA(NM Paw u of As Form 30311 1101 0144023488-7427 02/14/2006 2:21:00 uuujVlI BI942PG2936 attorneys'fees,property inspection and valuation fees,and other fees incurred for the purpose of protecting • Ls interest in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably requne to assure that Leader's interest in the Prop and n is under this Security Instrument,and Borrower's obligation to pay the sums secured by this Security r Insttument,shill continue unchanged.Lender nay require Borrower such t sums expenses in one or more of the following forms, as selected by Lender: 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 Fumb Transfer.Upon reinstatement by Borrower this Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration bad occurred.However,this right to reinstate shall not apply in the cue of acceleration under Section 18. 20.Sale of Note;Change of Loan Servitor,Notice of Grievance.The Note or a • interest in the Note (together with this Security Instrument) can be sold one or more�swi o• at prior notice to Borrower.A sale might result in a change in the entity(known as the"Loan Payments due under the Note and this Security Instrument and paforms other loan servicing obligations under the Note,this Security Instnmmdtt,and Applicable Law.There also , . , be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of ,, Loan Servicer, Borrower will be given written notice of the change which will state the name and address of the new Loan Servicer, the address to which payments should be made and other information RESPA requires in connection with a notice of transfer of servicing.If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note,the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence,join, or be joined to any judicial action(as either an individual litigant or the member of a class) that arises from the other piety's actions pursuant to this Security Instrument or that alleges that the other party has broached any provision of,or any duty owed by reason Security Instrument,until such Borrower or Lender has notified the other party(with _such notice given in compliance with the of Section 15)of such alleged breach and ffo ded the other party hereto a reasonable eariod��grving of such notice to take c aective action.If le Law provides a time paiod which must elapse before certain action can be taken,that time pear will be deemed to be reasonable for rpose of this paragraph.The notice of acceleration and oppoeumity to cure given to Borrower deemed to Se on 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be to satisfy+the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances,pollutants,or wastes by Environmental Law and the following substances:gasoline,kerosene,other flammable or toxic petroleum products,toxic pesticides and herbicides,volatile solvents,materials containing asbestos or fonoaldehyde,and radioactive materials;(b) "Environmental Law" means federal laws and laws of the jurisdiction where the is located that relate to health, safety or environmental protection; (c) Cleanup" includes an response action,remedial action, or removal action, as defined in Environmental and(��viroamien Condition"means a condition that can cause,contribute to,or otherwise trigger an Environmental . Borrower shall not cause or permit the use,disposals ,a tyelease of any Substances,or threaten to release any Hazar o�i �t Substances,on or in the Borrower shall not do, nor allow anyone else to do, anything affecting the Property(a)that is in violation on of any Environmental raw P AMMPA Coaoet Para 134 IS Form 3039 1101 0144023488-7427 02/14/2006 2:21:00 1 BKI942PG2937 • • • Law, )which creates an Environmental Condition,or(c)which,due to the presence,use,or release of a us Substance,creates a condition that adversely a the value of the Prop arty The preceding two sentences shall not apply to the presence,use,or storage on the Property of snail quantities of Hazardous Substances that are generally recognized to be appropriate to normal readendal uses and to maintenance of the Property(including,but not limited to, urdous substances in consumer products). Borrower shall promptly give Lender written notice of(a)any investigation,claim,demand,lawsuit or other action by any governmental or regulatory �ncy or private party invvo the Property and any Hazardous Substance or Environmental Law of hive ch Borrower has a knowledge, (b) any Environmental Condition,including but not limited to,any spilling,leaking,discharge,release or threat of release of Hazardous Substance, and (c) any candinon caused by die pteaenc:e, use or release of a i Hazardous Substance which adversely affects the value of the Property.If Borrower leans,or is notified by any governmental or regulatory authority,or any private play,that any removal or other re mediation of any Hazardous Substance affecting the Property is necessary, Haaa+ower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental NON-UNIFORM CO Borrower and Lender father covenant and agree as follows: 22.Acceleration;Remedies.Lender shall give notice to Borrower to acceleration following Borrower's breach of any covenant or agreement in this Security ant (but not per to acceleration under Section 111 uun4a Law provides otherwise). Lender shun notify Borrower of,among other things:(a)the��)the seders required to'cure the default;(c)when the default must be cured; and (d) that failure to curs the as specified may result in acceleration of the sums secured by this Security Irstrnment,foreclosure by Jsdidal!proceeding and sale of the Property.Leader shall Wan.inform Borrower of the right to reinstate alter acceleration and the right to assert in the foreclosure proceeding the nen�dstenee of a default or any otter defense of Borrower to acceleration and foreclosure. If the default is not cured as Lauder at its option may require immediate payment in fall of all sums secured bill this Seca Instrunand without be further demand and may foreclose this Security Instrument by judidah entitled to collect all expenses incurred in pursuing the remedies provided this Section 22,including, but not limited to,attorneys'fees and costs of title evidence to the extent permitted Apllicabhe Law. 23.Release.Upon of all nuns secured by this Security Instrument,this Instrument and the estate conveyed shall termi terminate and become void.Alter such occurrence,Lender shall and satisfy this S ccurity Instrument.Borrower shall pay any recordation costs.Lender may charge Borrower a fee for releasing this Security Instrument,but if the fee is paid to a third party for services rendered and the charging of the fee is permitted under Applile Law. 24.waivers.Borrower,to the extent permined by Applicable Law,waives and releases any error or defects in proceedings to enforce this Security Instrument,and herby waives the benefit of any present or future laws providing for stay of execution,extension of time,exemption from attachment;levy and sale, and homestead exemption. 25.Reinstatement Period.Borrower's time to reinstate provided in Section 19 shall extend to one hour prior to the commencement of bidding at s sheriffs sale or other sale to this Security Instrument. 26. Purchase Money Mortgage. If any of the debt secured this Instrument is lent to Borrower to acquire title to the Property,this Sea> ►Instrument shall a purchase 27.Interest Rate After Judgment.Borrower agrees that the interest rate payable is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the Note. AMIPA toeoe> P.p 14d if Form 3039 1101 0144023488-7427 02/14/2006 2:21:00 11M1/1111111 BK19142P.G2938 _..___�_ _--T-_ _._ . . .__ . ____-_--- - 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. Witnesses: .2.4"&t.‘"A `/-A-41- tit_ 1a( ,/sea, J e aw 131ws". ?RUM L t4LL ��1 C � (Seal) -Borrower (Seal) (Seal) -B Borrower (Seal) (Seal) -Borrow -Borrower (Seal) (Seal) Borrower -Borrower AMIPA Neon) P4%0150111 Form 3000 1101 02/14/2006 2:21:00 0144023488-7427 BK l 9'2PG2939 • COMMONWEALTH OF PENNSYLVANIA Clilk$4 s County ss: On this,the Day/5' day of Feifigifite4 2.0.0 G before me, the undersigned officer,personally appeared T S N,4 c . 1el Aida-)CL.4- known to me(or satisfactorily ma�rvven)to be the person whose name(ii ls/a?subscrribed to the within instrument and acknowredgad that he/she/they exbaJted the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. • My Commission Expires: 1//L/24U)9 ::x: NOTARRI& SEAL JEAN BURSON,NOTARY PUBLIC CITY OF ENOLA,CUMBERLAND COUNTY ,�ft�,�. ��..et . •. MY COMMISSION EXPIRES JAN.16,2007 Title of t�" ""V Certificate of Residence J e e.r�1. A-)^J� ° ,do hereby certify that the correct address of the within-named Mortgagee is 4m er-e icterk Ao-r 'RG. / V Witness my hand this / day of .200(o Day ear )44,1"-- / aMog r111/. ' 00000144023 8803016w71e 4OO.1ePA(1ein) PIES led 1e 0144023488-7427 02/14/2006 2:21:00 PM Bk 1942PG2940 • • ORDER#: 5112165 • EXHIBIT A ALL THAT PARCEL OF LAND IN TOWNSHIP OF EAST PENNSBORO,CUMBERLAND COUNTY,COMMONWEALTH OF PENNSYLVANIA,AS MORE FULLY DESCRIBED IN DEED BOOK 243,PAGE 549,ID#09151291310,BEING KNOWN AND DESIGNATED AS METES AND BOUNDS PROPERTY. DEED FROM JOEL B.KOSER AND NANCY L.KOSER,HUSBAND AND WIFE AS SET FORTH IN DEED BOOK 243,PAGE 549 DATED 04/25/2001 AND RECORDED 04/27/2001,CUMBERLAND COUNTY RECORDS,COMMONWEALTH OF PENNSYLVANIA. I Cci-u1 be recorded In Cumber! County PA Page 2 of `1/4 Reer.,rder of Deeds 111942%2.94.1 JPMC Specialty Mortgage LLC, CUMBERLAND COUNTY Plaintiff, COURT OF COMMON PLEAS V. NO.: 2009-03568 Trisha L. Maxwell, Defendant. ORDER AND NOW, this Z y` day of Orit-a4s— , 2013 , the Prothonotary is ORDERED to amend the in rem judgment and the Sheriff is ORDERED to amend the writ nunc pro tunc in this case as follows: Principal Balance $ 85,021.17 INTEREST through 9/30/13 $ 35,669.20 (per diem $20.94) Escrow Advances $ 13,865.69 Pre-Acceleration Late Charges $ 251.52 Recording Fee $ 55.50 Suspense Balance $ -262.27 Corporate Advances $ 11,244.97 REASSESSED TOTAL $ 145,845.78 Plus interest from September 30, 2013, through the date of sale at $20.94 per diem. BY THE OURT: L • /g/g‘.-- J. COpliE.S kvi3 MAluoeiL, McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J. McCABE, ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S. WEISBERG, ESQUIRE-ID# 17616 EDWARD D. CONWAY,ESQUIRE -ID# 34687 MARGARET GAIRO, ESQUIRE-ID# 34419 ANDREW L. MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID# 87830 KEVIN T. MCQUAIL, ESQUIRE-ID# 307169 CHRISTINE L. GRAHAM,ESQUIRE-ID# 309480 BRIAN T. LAMANNA, ESQUIRE-ID#310321 rrica r k ANN E. S WARTZ, ESQUIRE-ID#201926 - ;-- JOSEPH F. RIGA, ESQUIRE- ID# 57716 cn ' = C JOSEPH I. FOLEY,ESQUIRE-ID#314675 te- = CELINE P. DERKRIKORIAN, ESQUIRE-ID#313673 ' 123 South Broad Street, Suite 1400 =c) Philadelphia, Pennsylvania 19109 r (215)790-1010 —t JPMC Specialty Mortgage LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. Number 2009-03568 Trisha L.Maxwell Defendant AFFIDAVIT OF SERVICE OF AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for the Plaintiff in the within matter,hereby certifies that on the 28th day of October,2013, 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 Amended Affidavit Pursuant to 3129 which is attached hereto. A copy of the Notice of Sheriffs Sale and certificate of mailing is also attached hereto and made a part hereof. SWORN AND SUBSCRIBED McC : ,WEISBERG 1 0 .C. BEFORE ME THIS z? DAY By: APIS- n [ ]Terrence J. Mc'e, [ Marc S. Weisberg,Esquire OFc � ,2013 [ ]Edward D. inwa or re [ ]Margaret Gairo,Esquire [ ]Andrew L. Markowitz,Esquire [ ]Heidi R. Spivak,Esquire it I U I j �/ [ ]Marisa J. Cohen,Esquire [ ]Kevin T.McQuail,Esquire Jam` WILL, [ ]Christine L. Graham,Esquire [ ]Brian T.LaManna,Esquire NOTA I Y UBLIC [ ]Ann E. Swartz,Esquire [ ]Joseph F.Riga,Esquire CC 1M�` �,�,,,�1 PFa OF P NNSYLVANIA [ ]Joseph I.Foley,Esquire [ ]Celine P.DerKrikorian,Esquire R r Attorneys for Plaintiff 1!Olt.Ra SEAL Kimbdy Lynn'.,&C€cw;tey,Notary Public City of P ia o':nr::a,P?di3,County My Commission Exp,r es Soptemoer 7,2016 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J. McCABE, ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D. CONWAY, ESQUIRE -ID#34687 MARGARET GAIRO, ESQUIRE-ID# 34419 ANDREW L. MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK, ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID# 87830 KEVIN T. MCQUAIL,ESQUIRE-ID# 307169 CHRISTINE L. GRAHAM,ESQUIRE-ID# 309480 BRIAN T. LAMANNA,ESQUIRE-ID# 310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F. RIGA,ESQUIRE-ID# 57716 JOSEPH I. FOLEY,ESQUIRE-ID#314675 CELINE P. DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 JPMC Specialty Mortgage LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. NO: 2009-03568 Trisha L.Maxwell Defendant AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 The undersigned attorney for Plaintiff in the above action sets forth the following information concerning the real property located at 306 South Enola Drive,Enola,Pennsylvania 17025,as of the date the Praecipe for the Writ of Execution was filed.A copy of the description of said property is attached hereto. 1. Name and address of Owner or Reputed Owner Name Address Trisha L.Maxwell 306 S Enola Drive Enola,PA 17025 2. Name and address of Defendant in the judgment: Name Address Trisha L.Maxwell 306 S Enola Drive Enola,Pennsylvania 17025 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 File#42870 Page 1 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Ameriquest Mortgage Company 1100 Town and Country Road Suite 200 Orange,California 92868 Mortgage Electronis Registration P.O.Box 2026 Systems,Inc A Delaware Corporation, Flint,Michigan 48501 It's Successors or Assigns,as Nominee for JPMorgan Chase Bank National Association Citi Residential Lending Inc.,As 10801 E. 6th Street Attorney-In-Fact for Maeriquest Rancho Cucamonga,California 91730 Mortgage Company 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 306 South Enola Drive Enola,Pennsylvania 17025 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O.Box 2675 Harrisburg,PA 17105 ATTN:Dan Richard Commonwealth of Pennsylvania 110 North 8'Street Inheritance Tax Office Suite#204 Philadelphia,PA 19107 Commonwealth of Pennsylvania 6th Floor,Strawberry Square Bureau of Individual Tax Department#280601 Inheritance Tax Division Harrisburg,PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O.Box 8486 Recovery Program Harrisburg,PA 17105-8486 File#42870 Page 2 PA Department of Revenue Bureau of Compliance P.O.Box 281230 Harrisburg,PA 17128-1230 PA Department of Revenue PO BOX 280948 Bureau of Compliance Harrisburg PA 17128-0948 Lien Section Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg,PA 17128-1230 Compliance ATTN: Sheriff's 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 William J.Nealon Federal Bldg. 235 North Washington Avenue, Ste.311 Scranton,PA 18503 and Harrisburg Federal Building&Courthouse 228 Walnut Street, Ste.220 Harrisburg,PA 17108-1754 United States of America c/o U.S.Dept. of Justice,Rm 4400 Atty General of the United States 950 Pennsylvania Avenue,NW Washington,DC 20530 United States of America c/o U.S.Dept.of Justice,Rm 5111 Atty General of the United States 950 Pennsylvania Avenue,NW Washington,DC 20530 8. Name and address of Attorney of record: Name Address None File#42870 Page 3 . . .. ............ . 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 sub.- - he penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. ( `', L7 McCAB (WEISBERG AY .C. DATE � ' BY: [ ] Terrence J. Ie 'uire [ ]Marc S. Weisberg,Esquire [ ]Edward Dj snway,Esquire [ ]Margaret Gairo,Esquire [ ]Andrew L. Markowitz,Esquire [ ]Heidi R. Spivak,Esquire [ ]Marisa J. Cohen,Esquire [ ]Kevin T.McQuail,Esquire [ ]Christine L. Graham,Esquire [ ]Brian T.LaManna,Esquire [ ]Ann E. Swartz,Esquire [p J Joseph F.Riga,Esquire [ ]Joseph I.Foley,Esquire [ ] Celine P.DerKrikorian,Esquire Attorneys for Plaintiff Re: JPMC Specialty Mortgage LLC v.Trisha L.Maxwell. et al. Cumberland County;Number: 2009-03568 File#42870 Page 4 McCABE,WEISBERG AND CONWAY,P.C. BY: TERRENCE J. McCABE,ESQUIRE-ID# 16496 Attorneys for Plaintiff MARC S. WEISBERG,ESQUIRE-ID# 17616 EDWARD D.CONWAY,ESQUIRE -ID#34687 MARGARET GAIRO,ESQUIRE-ID# 34419 ANDREW L.MARKOWITZ,ESQUIRE-ID# 28009 HEIDI R. SPIVAK,ESQUIRE-ID#74770 MARISA J. COHEN,ESQUIRE-ID#87830 KEVIN T.MCQUAIL,ESQUIRE-ID#307169 CHRISTINE L. GRAHAM,ESQUIRE-ID#309480 BRIAN T. LAMANNA,ESQUIRE-ID#310321 ANN E. SWARTZ,ESQUIRE-ID#201926 JOSEPH F. RIGA,ESQUIRE-ID#57716 JOSEPH I.FOLEY,ESQUIRE-ID#314675 CELINE P.DERKRIKORIAN,ESQUIRE-ID#313673 123 South Broad Street, Suite 1400 Philadelphia,Pennsylvania 19109 (215)790-1010 JPMC Specialty Mortgage LLC COURT OF COMMON PLEAS Plaintiff CUMBERLAND COUNTY v. Trisha L.Maxwell Number 2009-03568 Defendant DATE: October 28,2013 TO: ALL PARTIES IN INTEREST AND CLAIMANTS NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Trisha L.Maxwell PROPERTY: 306 South Enola Drive,Enola,Pennsylvania 17025 IMPROVEMENTS:Residential Dwelling JUDGMENT AMOUNT: $90,789.53 The above-captioned property is scheduled to be sold pursuant to the judgment of the court caption above at the Sheriffs Sale on December 4,2013 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. If you have any questions regarding the type of lien or the effect of the Sheriffs Sale upon your lien,we urge you to CONTACT YOUR OWN ATTORNEY as WE ARE NOT PERMITTED TO GIVE YOU LEGAL ADVICE. � " W N 04 V m za A "fi E t t le D '1i rill C A O �oNaA d A� 3O n G Y! �* 13°G D A r r 0. 0 b O o II n Orr < A n ":0 to co'°'et K a° .� �,r,.,n fix. ° eo 0 0 0�0 .-‘ 7704R- 2 � d�,v ton 01 cg: o ›:, :0to it cna c �n ao ...o'er � . ow = o � �xn�o �OeA 0 o 'VCclo C 1;0 n-, -`wIr, -` w 5 A xto h ' w0 0 3 tD =O "'ep w. nAo .`q.�Ulis v'' loco 0O�! A TO F' y .f. -:3 -. 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A eD V pp►�T O O y Hr O / 'i'J O 0000 0 to O a la 0 N°' n c. vs) n 'it• ,'• ='yY fat O - . c�, y --, a S �Y o aro p ... °' 2,.' may o. v°I<:° �c A rD �� °,�� w':�b*� ■ C1 �° (,�fD :1r D 0.1 n QQ, — O I.. co A O A 47 o eD eD A7 �+N a CD y eD AD S ..b CD 0 c O o @ a� oZ3 O. �0O `< et `< eD a CA AD co CD O 'Z 9 .0 r+ 0, A C/1 O 0O CA V]O A cm O A d O .�. d to CD C �O y C y F''y n C/1 a CM O y J - O A O O W ,-, a C =. ,..17 0 •1 im p O `< y i 4 A O co IT O H et W O "ti :w- } , a t% »©© 0 a _ - .:» ~ ^ \ �e. ^^^\ %k 0 \% ' 7 $ %\ 9 tSk�y % � ¥& 7 %% % � , » %k $ ,0 $ ® ot ? t � \ 41 © 7 ® ` k f r 3 4 t, + ��#0-99 0, wo, McCABE, WEISBERG & 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 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH 1. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 JPMC Specialty Mortgage LLC Plaintiff v. Trisha L. Maxwell Defendant Attorneys for Plaintiff' f C I i T. Lb ,Pig —3 AN 1.1: 37 CUMBERLAND LAND CC'LNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 2009 -03568 MOTION TO ADJOURN SHERIFF'S SALE Plaintiff, JPMC Specialty Mortgage LLC, by and through its attorneys, McCabe Weisberg and Conway, P.C., moves this Honorable Court for an Order adjourning the Sheriffs Sale scheduled for April 9, 2014 and avers as follows: 1. Plaintiff filed a Writ of Execution, as well as the Affidavit required by Pa.R.C.P. 3129, in order to list the property known as 306 South Enola Drive, Enola, PA 17025 for Sheriff's Sale originally scheduled for December 4, 2013. 2. Plaintiff has postponed the Sheriffs Sale to the fullest extent permitted without requesting leave from the Court, and is now requesting that this Honorable Court allow the sale currently scheduled for April 9, 2014 to be postponed further until June 4, 2014 as Plaintiff and Defendant are working to resolve the debt. 3. Plaintiff has complied with all the pertinent statutory and procedural rules of court governing the listing of real property for Sheriffs Sale. 4. Neither the parties hereto nor the parties previously set forth in the Affidavit Pursuant to Rule 3129 will be prejudiced by the adjournment of the Sheriff's Sale. 5. This case has been previously assigned to Kevin A. Hess. 6. The Defendant is unrepresented by counsel and the Plaintiff has no means to seek concurrence in the motion except by mail. WHEREFORE, Plaintiff prays that this Honorable Court grant an Order adjourning the Sheriffs Sale of the property known as 306 South Enola Drive, Enola, PA 17025 to the June 4, 2014 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except for an announcement be made at the sale currently scheduled for April 9, 2014. MCCABE, WEISBERG & CONWAY, P.C. BY: .(-)4v_ (i-ex‘- [ ] TERRENCE J. McCABE, ESQUIRE [ ] EDWARD D. CONWAY, ESQUIRE [ ] ANDREW L. MARKOWITZ, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE [ ] JOSEPH F. RIGA, ESQUIRE [ ] CELINE P. DERKRIKORIAN, ESQUIRE [ ] LENA KRAVETS, ESQUIRE Attorneys for Plaintiff [ ARC S. WEISBERG, ESQUIRE [ ] MARGARET GAIRO, ESQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] ANN E. SWARTZ, ESQUIRE [ ] JOSEPH I. FOLEY, ESQUIRE [ ] JENNIFER L. WUNDER, ESQUIRE [ ] CAROL A. DiPRINZIO, ESQUIRE a • ,Esquire Wolf an 10 Wes i a Street Carlisle, ''A 17013 McCABE, WEISBERG & 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 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790-1010 Attorneys for Plaintiff JPMC Specialty Mortgage LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. Trisha L, Maxwell Defendant No. 2009 -03568 MEMORANDUM OF LAW Plaintiff requested that the Sheriffs Sale originally scheduled for December 4, 2013 in this matter be continued for the legally allowable time without requesting the postponement from the Court. Plaintiff at this time requests that the Sheriff's Sale set for April 9, 2014 be adjourned to June 4, 2014 as Plaintiff and Defendant are working to resolve the debt. Pursuant to Pa.R.C.P. 3129.3, the Court has the discretion to adjourn a Sheriff's Sale and dispense the requirement of new notice. WHEREFORE, Plaintiff prays that a special order of court be granted and the Sheriffs Sale of the property known as 306 South Enola Drive, Enola, PA 17025 be adjourned to the June 4, 2014 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except that an announcement be made at the sale currently scheduled for April 9, 2014. MCCABE, WEISBERG & CONWAY, P.C. BY: (-)1402-i t ,),L) [ ] TERRENCE J. McCABE, ESQUIRE [ ] EDWARD D. CONWAY, ESQUIRE [ ] [ ] ANDREW L. MARKOWITZ, ESQUIRE [ [ ] MARISA J. COHEN, ESQUIRE [ ] [ ] BRIAN T. LAMANNA, ESQUIRE [ ] [ ] JOSEPH F. RIGA, ESQUIRE [ ] [ ] CELINE P. DERKRIKORIAN, ESQUIRE [ ] [ ] LENA KRAVETS, ESQUIRE [ Attorneys for Plaintiff -i- IOIARC S. WEISBERG, ESQUIRE MARGARET GAIRO, ESQUIRE HEIDI R. SPIVAK, ESQUIRE CHRISTINE L. GRAHAM, ESQUIRE ANN E. SWARTZ, ESQUIRE JOSEPH I. FOLEY, ESQUIRE JENNIFER L. WUNDER, ESQUIRE CAROL A. DiPRINZIO, ESQUIRE atha WoOm7 ire Wolf a • olf 10 W :r igh Street Carlisle, PA 17013 VERIFICATION The undersigned 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 Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, 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, WEISBEE�RG & CONWAY, H P.C. BY: �' I/ C,G� , v� [ ] TERRENCE J. McCABE, ESQUIRE [ ] EDWARD D. CONWAY, ESQUIRE [ ] ANDREW L. MARKOWITZ, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE [ ] JOSEPH F. RIGA, ESQUIRE [ ] CELINE P. DERKRIKORIAN, ESQUIRE [ ] LENA KRAVETS, ESQUIRE Attorneys for Plaintiff JPMC Specialty Mortgage LLC v. Trisha L. Maxwell Cumberland County; Number: 2009 -03568 [ 1 RC S. WEISBERG, ESQUIRE [ ] MARGARET GAIRO, ESQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] ANN E. SWARTZ, ESQUIRE [ ] JOSEPH I. FOLEY, ESQUIRE [ ] JENNIFER L. WUNDER, ESQUIRE [ ] CAROL A. DiPRINZIO, ESQUIRE McCABE, WEISBERG & 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 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 JPMC Specialty Mortgage LLC Plaintiff v. Trisha L. Maxwell Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 2009 -03568 CERTIFICATION OF SERVICE The undersigned attorney for Plaintiff, hereby certifies that 1 served a true and correct copy of the foregoing Motion To Postpone Sheriffs Sale, by United States Mail, first class, postage prepaid, on the 8th day of April, 2014, upon the following: Trisha L. Maxwell 306 S Enola Drive Enola, PA, 17025 MCCABE, WEISBERG & CONWAY, P.C. - ,t BY: [ ] TERRENCE J. McCA E, ESQUIRE -MARC S. WEISBERG, ESQUIRE [ ] EDWARD D. CONWAY, ESQUIRE [ ] ANDREW L. MARKOWITZ, ESQUIRE [ 1 MARISA J. COHEN, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE [ ] JOSEPH F. RIGA, ESQUIRE [ ] CELINE P. DERKRIKORIAN, ESQUIRE [ ] LENA KRAVETS, ESQUIRE Attorneys for Plaintiff [ ] MARGARET GAIRO, ESQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] ANN E. SWARTZ, ESQUIRE [ ] JOSEPH I. FOLEY, ESQUIRE [ ] JENNIFER L. WUNDER, ESQUIRE [ ] CAROL A. DiPRINZIO, ESQUIRE CO ill APR -8 PH 3 :2! CUMBERLAND COUNT PENNSYLVANIA JPMC Specialty Mortgage LLC CUMBERLAND COUNTY Plaintiff COURT OF COMMON PLEAS v. No. 2009 -03568 Trisha L. Maxwell Defendant ORDER AND NOW, this t /Jt1 day of Ofr , 2014, upon consideration of Plaintiffs Motion to Adjourn the Sheriffs Sale currently scheduled in the above- captioned matter for April 9, 2014, it is hereby ORDERED that the Sheriffs Sale of the property known as 306 South Enola Drive, Enola, PA 17025 is adjourned to the June 4, 2014 Sheriffs Sale. It is FURTHER ORDERED that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required. BY THE COURT: Distribution: Trisha L. Maxwell 306 S Enola Drive Enola, PA 17025 abe, Weisberg & Conway P.C. 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 Office of the Sheriff /ffeik McCABE, WEISBERG & 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 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 JPMC Specialty Mortgage LLC Plaintiff v. Trisha L. Maxwell Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 2009 -03568 f -, MOTION TO ADJOURN SHERIFF'S SALE Plaintiff, JPMC Specialty Mortgage LLC, by and through its attorneys, McCabe Weisberg and Conway, P.C., moves this Honorable Court for an Order adjourning the Sheriffs Sale scheduled for June 4, 2014 and avers as follows: 1. Plaintiff filed a Writ of Execution, as well as the Affidavit required by Pa.R.C.P. 3129, in order to list the property known as 306 South Enola Drive, Enola, PA 17025 for Sheriffs Sale originally scheduled for December 4, 2013. 2. Plaintiff has postponed the Sheriffs Sale to the fullest extent permitted without requesting leave from the Court, and is now requesting that this Honorable Court allow the sale currently scheduled for June 4, 2014 to be postponed further until August 6, 2014 as Plaintiff and Defendant are working to resolve the debt. 3. Plaintiff has complied with all the pertinent statutory and procedural rules of court governing the listing of real property for Sheriffs Sale. 4. Neither the parties hereto nor the parties previously set forth in the Affidavit Pursuant to Rule 3129 will be prejudiced by the adjournment of the Sheriff's Sale. 5. This case was previously assigned to the Honorable Kevin A. Hess,P.J. 6. The Defendant is unrepresented by counsel and the Plaintiff has no means to seek concurrence in the motion except by mail. WHEREFORE, Plaintiff prays that this Honorable Court grant an Order adjourning the Sheriffs Sale of the property known as 306 South Enola Drive, Enola, PA 17025 to the August 6, 2014 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except for an announcement be made at the sale currently scheduled for June 4, 2014. MCCABE, WEISB RG & CONWAY, P.C. BY: [ ] TERRENCE J. McCABE, ESQUIRE [ ] MARC S. WEISBERG, ESQUIRE [ ] EDWARD D. CONWAY, ESQUIRE [ ] MARGARET GAIRO, ESQUIRE [ ] ANDREW L. MARKOWITZ, ESQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE [ ] ANN E. SWARTZ, ESQUIRE [ ] JOSEPH F. RIGA, ESQUIRE [ ] JOSEPH I. FOLEY, ESQUIRE [ ] CELINE P. DERKRIKORIAN, ESQUIRE JENNIFER L. WUNDER, ESQUIRE [ ] LENA KRAVETS, ESQUIRE [ ] CAROL A. DiPRINZIO, ESQUIRE Attorneys for Plaintiff Nathan Wolf and Wolf 10 West High Street Carlisle, PA 17013 McCABE, WEISBERG & 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 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPA/AK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 (215) 790 -1010 JPMC Specialty Mortgage LLC Plaintiff v. Trisha L. Maxwell Defendant Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 2009 -03568 MEMORANDUM OF LAW Plaintiff requested that the Sheriff's Sale originally scheduled for December 4, 2013 in this matter be continued for the legally allowable time without requesting the postponement from the Court. Plaintiff at this time requests that the Sheriff's Sale set for June 4, 2014 be adjourned to August 6, 2014 as Plaintiff and Defendant are working to resolve the debt. Pursuant to Pa.R.C.P. 3129.3, the Court has the discretion to adjourn a Sheriffs Sale and dispense the requirement of new notice. WHEREFORE, Plaintiff prays that a special order of court be granted and the Sheriffs Sale of the property known as 306 South Enola Drive, Enola, PA 17025 be adjourned to the August 6, 2014 Sheriffs Sale with no additional advertising of said Sale and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 being required, except that an announcement be made at the sale currently scheduled for June 4, 2014. MCCABE, WEISBERG 4i CONWAY, P.C. BY: [ ] TE ' CE J. McCABE, ESQUIRE [ ] EDWARD D. CONWAY, ESQUIRE [ ] ANDREW L. MARKOWITZ, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE [ ] JOSEPH F. RIGA, ESQUIRE [ ] CELINE P. DERKRIKORIAN, ESQUIRE [ ] LENA KRAVETS, ESQUIRE Attorneys for Plaintiff [ ] MARC S. WEISBERG, ESQUIRE [ ] MARGARET GAIRO, ESQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] ANN E. SWARTZ, ESQUIRE [ ] JOSEPH I. FOLEY, ESQUIRE [)C.] JENNIFER L. WUNDER, ESQUIRE [ ] CAROL A. DiPRINZIO, ESQUIRE Wolf and 10 West High Street Carlisle, PA 17013 VERIFICATION The undersigned 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 Plaintiffs representative, who is out of jurisdiction and not available to sign this verification at this time, 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 , ISB RG CONWAY, P.C. BY: lf, .� [ ] TERRE CE J. i cCABE, ESQUIRE [ ] EDWARD D. CONWAY, ESQUIRE [ ] ANDREW L. MARKOWITZ, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE [ ] JOSEPH F. RIGA, ESQUIRE [ ] CELINE P. DERKRIKORIAN, ESQUIRE [ ] LENA KRAVETS, ESQUIRE Attorneys for Plaintiff JPMC Specialty Mortgage LLC v. Trisha L. Maxwell Cumberland County; Number: 2009 -03568 [ ] MARC S. WEISBERG, ESQUIRE [ ] MARGARET GAIRO, ESQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] ANN E. SWARTZ, ESQUIRE [ ] JOSEPH I. FOLEY, ESQUIRE 14J JENNIFER L. WUNDER, ESQUIRE [ ] CAROL A. DiPRINZIO, ESQUIRE McCABE, WEISBERG & 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 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID # 74770 MARISA J. COHEN, ESQUIRE - ID # 87830 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 ANN E. SWARTZ, ESQUIRE - ID # 201926 JOSEPH F. RIGA, ESQUIRE - ID # 57716 JOSEPH I. FOLEY, ESQUIRE - ID # 314675 CELINE P. DERKRIKORIAN, ESQUIRE - ID # 313673 JENNIFER L. WUNDER, ESQUIRE - ID # 315954 LENA KRAVETS, ESQUIRE - ID # 316421 CAROL A. DiPRINZIO, ESQUIRE - ID # 316094 123 South Broad Street, Suite 1400 Philadelphia, Pennsylvania 19109 215 790 -1010 Attorneys for Plaintiff JPMC Specialty Mortgage LLC CUMBERLAND COUNTY Plaintiff v. Trisha L. Maxwell Defendant COURT OF COMMON PLEAS No. 2009 -03568 CERTIFICATION OF SERVICE The undersigned attorney for Plaintiff, hereby certifies that I served a true and correct copy of the foregoing Motion To Postpone Sheriffs Sale, by United States Mail, first class, postage prepaid, on the 30th day of May, 2014, upon the following: Trisha L. Maxwell 306 S Enola Drive Enola, PA, 17025 MCCABE, WEIS RG 8c CONWAY, P.C. BY: [ ] TERRENCE J. McCABE, ESQUIRE [ ] EDWARD D. CONWAY, ESQUIRE [ ] ANDREW L. MARKOWITZ, ESQUIRE [ ] MARISA J. COHEN, ESQUIRE [ ] BRIAN T. LAMANNA, ESQUIRE [ ] JOSEPH F. RIGA, ESQUIRE [ ] CELINE P. DERKRIKORIAN, ESQUIRE [ ] LENA KRAVETS, ESQUIRE Attorneys for Plaintiff [ ] MARC S. WEISBERG, ESQUIRE [ ] MARGARET GAIRO, ESQUIRE [ ] HEIDI R. SPIVAK, ESQUIRE [ ] CHRISTINE L. GRAHAM, ESQUIRE [ ] ANN E. SWARTZ, ESQUIRE [ ] JOSEPH I. FOLEY, ESQUIRE [(1 ] JENNIFER L. WUNDER, ESQUIRE [ ] CAROL A. DiPRINZIO, ESQUIRE JPMC Specialty Mortgage LLC Plaintiff v. Trisha L. Maxwell Defendant f ..y H f)ROTiiOp ' +;','; 2i3I t JUN -it AH 9: 23 CUMBERLAND COUNTY PENNSYLVANIA CUMBERLAND COUNTY COURT OF COMMON PLEAS No. 2009-03568 ORDER AND NOW, this (, day of TO h t , 2014, upon consideration of Plaintiffs Motion to Adjourn the Sheriffs Sale currently scheduled in the above -captioned matter for June 4, 2014, it is hereby ORDERED that the Sheriffs Sale of the property known as 306 South Enola Drive, Enola, PA 17025 is adjourned to the August 6, 2014 Sheriffs Sale. It is FURTHER ORDERED that no additional advertising of said Sale is necessary and no new notice to the parties previously set forth in the Affidavit Pursuant to Pa.R.C.P. 3129 is required. The postponement shall be announced at the June 4, 2014 Sheriffs Sale. Distribution: Trisha L. Maxwell 306 S Enola Drive Enola, PA 17025 Cabe, Weisberg & Conway P.C. 123 South Broad Street, Suite 1400 Philadelphia, PA 19109 Office of the Sheriff ••- Cor y 9 «no Cas Ies frIbt tErt., !l Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor SHERIFF'S OFFICE OF CUMBERLAND COUNTY r ED -OFFICE tii��tiNtt'64Cumtor{. .; H.PFCiHCNCTnRY �ar: PROTHONOTARY i OFFICE OF' Ms iF%FF 2011100T 30 Ail9:14'a CUMBERLAND COUNTY PENNSYLVANIA JPMC Specialty Mortgage, LLC vs. Trisha L. Maxwell Case Number 2009-3568 SHERIFF'S RETURN OF SERVICE 09/27/2013 06:47 PM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, and Sale Handbill in the above titled action, upon the property located at 306 South Enola Drive, East Pennsboro Township, Enola, PA 17025, Cumberland County. 10/04/2013 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that he made a diligent search and inquiry for the within named Defendant, to wit: Trisha L. Maxwell, but was unable to locate the Defendant in his bailiwick. He therefore returns the within Real Estate Writ, Notice and Description, in the above titled action, as "Not Found" at 306 South Enola Drive, Enola, PA 17025, house is vacant. 12/02/2013 As directed by Terrance McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 2/5/2014 12/19/2013 Received Notice of Sale for 2/5/14 to be served at alternate address from Atty this date. Cab 12/26/2013 03:10 PM - Deputy Amanda Ebersole, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be Shirley Wheeler, to be Mother in Law, who accepted as "Adult Person in Charge" for Trisha L. Maxwell at 835 Belle Vista Drive, Enola, PA , Cumberland County. 02/04/2014 As directed by Terrance McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 4/9/2014 04/08/2014 As directed by Terrance McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 6/4/2014 06/04/2014 As directed by Terrance McCabe, Attorney for the Plaintiff, Sheriffs Sale Continued to 8/6/2014 08/06/2014 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, PA on August 06, 2014 at 10:00 a.m. He sold the same for the sum of $1.00 to Attorney Terrance McCabe, on behalf of JPMC Specialty Mortgage, LLC being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,059.49 October 15, 2014 c) Cour lySu:i.e c,?,erif`. Taleosoft, trw. SO ANSWERS, RSON, SHERIFF NR -R f[DER `f c OO p 4l a-- a -7f 4/47 04 3/a. g--/� co LtD CO C'J On August 9, 2013 the Sheriff levied upon the defendant's interest in the real property situated in East Pennsboro Township, Cumberland County, PA, Known and numbered as, 306 South Enola Drive, Enola, as Exhibit "A" filed with this writ and by this Reference incorporated herein. Date: August 9, 2013 By: V , LeaLaut---- P -061 -g -DI Real Estate Coordinator LXII 41 CUMBERLAND LAW JOURNAL 10/11/13 Writ No. 2009-3568 Civil Term JPMC SPECIALTY MORTGAGE, LLC vs. TRISHA L. MAXWELL Atty.: Terrance McCabe ALL THAT CERTAIN tract or Parcel of land and premises, situ- ate and being in the Township of East Pennsboro in the Country of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: Beginning as a stake in the east- ern line of South Enola Drive, at the southern line of the land now or late of Edward E. 'hickey: thence along land now or late of Edward E. Tuckey, north seventy (70) degrees twenty-four (24) minutes east one hundred fifty-one (151) to a stake in the western line of a ten (10) foot Alley, south thirty-six (36) degrees east sixteen (16) to a stake; thence along land now or formerly of Clay- ton E. Miller, formerly of Ralph A. Sheetz, south fifty-six (56) degrees twenty (20) minutes, ninety-nine and twenty-eight one-hundredth (99.28) feet to a stake; thence along land now or formerly of Clayton E. Miller, for- merly of Ralph A. Sheetz, south fifty- three (53) degrees twenty- four ( 24) minutes west, forty-five (45) feet to a stake in the eastern line South Enola Drive; thence along the eastern line of South Enola Drive, north thirty-six (36) degrees west, fifty-five (55) feet to a stake, the place of BEGINNING. Having thereon erected a concrete block building known as No. 306 South Enola Drive, Enola Pennsyl- vania. 306 South Enola Drive, Enola, Pennsylvania 17025. BEING the same premises which JOEL B. KOSER AND NANCY L. KOSER, HUSBAND AND WIFE by deed dated April 25, 2001 and re- corded April 27, 2001 in the office of 84 the Recorder in and for Cumberland County in Deed Book 243, Page 549, granted and conveyed to Trisha L. Maxwell in fee. TAX MAP PARCEL NUMBER: 09- 15-1291-310. 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 11, October 18 and October 25, 2013 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. c f L� a Marie Coyne, E 'tor SWORN TO AND SUBSCRIBED before me this 25 day of October, 2013 NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 The Patriot -News Co. t 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ije atnotAXews 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 Marianne Miller, being duly sworn according to law, deposes and says: That she is the Assistant Controller 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 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot -News and The Sunday Patriot -News newspapers of general circulation, printed and published at 1900 Patriot Drive, 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/ Community Weekly 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. 2009-3568 CMI Ter MC SPECIALTY MORT AGE, LLC - vs. TRISHA L. MAXWELL Atty: Terrance McCabe ALL THAT CERTAIN tract or Parcel of land and premises, situate and being in the Tawnship of East Pennsboro in the Country of Cumberland and Commonwealth of Pennsylvania, more particularly described as follows: Beginning as a stake in the eastern line of South Enola Drive, at the southern line of the land now or late of Edward E. 'Rickey: thence along land now or late of Edward E. Tuckey, north seventy (70) degrees twenty- four (24) minutes east one hundred fifty-one (151) to a stake in'tur wcsremline of a ten (10).foot Alley, south thirty-six (36) degrees east sixteen (16) to a stake; thence along land now or formerly of Clayton E. Miller, formerly of Ralph A. Sheetz, south fifty-six (56) degrees twenty (20) minutes, ninety-nine and twenty-eight one-hundredth (99.28) feet to a stake; thence along land now or formerly _ rifClavrtoE,.Miller. formerly of Ralph A. f This ad ran on the date(s) shown below: 10/13/13 10/20/13 10/27/13 Swor subscribed before m r his 1 day of Nov- ber, 2013 A.D. blic COMMONWEALTH OF PENNSYLVANIA Notarial Seal HOIIy Lynn Warfel, Notary Public Washington TWp., Dauphin County MY Comnllssls Dec.12, 2016___ MEMBER. PENNSYLVANIA ASSOCIATION Of NOTARIES COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Tammy Shearer, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which JPMC Specialty Mtg LLC is the grantee the same having been sold to said grantee on the 6th day of August A.D., 2014, under and by virtue of a writ Execution issued on the 6th day of August, A.D., 2013, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 3568, at the suit of JPMC Specialty Mtg LLC against Trisha L Maxwell is duly recorded as Instrument Number 201424921. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ,A.D.,O/6( al Recorder of Deeds o f eds, Cumberland County, Carlisle, PA My Collmission Expires the First Monday of Jan. 2018 day of