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HomeMy WebLinkAbout09-4032v SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under Harold J. Eutzy, deceased 23 Scrafford Street Shippensburg, PA 17257 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-035001 EverHome Mortgage Company PLAINTIFF vs. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: ,+ ?y- W3a t4fv! gym DEFENDANT COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTICIA LE HAN DEMANDADO A USTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIDO EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 A L,ANA ZION, ESQ., ATTORNEY I.D. NO. 87137 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-035001 EverHome Mortgage Company PLAINTIFF VS. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under Harold J. Eutzy, deceased 23 Scrafford Street Shippensburg, PA 17257 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 0 9- qo,3,t (.u d 74__,... DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, EverHome Mortgage Company, the address of which is, 8100 Nations Way, Jacksonville, Florida 32256, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc., as nominee for Mortgage Investors Corp. Mortgagor(s): Harold J. Eutzy (b) Date of Mortgage: January 5, 2005 (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1894, Page 1267 Date: January 12, 2005 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc., as nominee for Mortgage Investors Corp. Assignee: EverHome Mortgage Company 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 23 Scrafford Street, Shippensburg, Pa 17257 and is more specifically described as attached as part of Exhibit "A": 4. The name and mailing address of the Defendant is: Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under Harold J. Eutzy, deceased, 23 Scrafford Street, Shippensburg, PA 17257 5. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. And the said Harold J. Eutzy died on or about May 2, 2006 thereby vesting title in his Unknown Heirs. 6. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of October 1, 2008 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. 7. The following amounts are due as of June 16, 2009: Principal Balance Due $86,330.49 Interest Currently Due and Owing at 4.125% From September 1, 2008 to March 31, 2009 $2,069.12 Interest Currently Due and Owing at 3.125% From April 1, 2009 to June 16, 2009 $569.03 Late Charges $175.75 Escrow Balance ($124.58) Property Inspection $120.00 Title Search Fees $250.00 Attorney Fees & Costs of Foreclosure $4,316.52 TDIAL $93,706.33 8. Interest accrues at a per diem rate of $7.39 each day after June 16, 2009, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 9. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 10. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et seMC ., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P.S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "B". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 7 and 8, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date:. BY: Attorneys for Plai 'ff S & D File No. 09-035001 . . I5--& ( •i ? t. " •: r . . il)6 J9ii 12 °n 2 ES Prepared By. Return To: Set'vice Link 4W Toni yoxur 4000 Industrial Boulevard 6090 Central &Vanua, St:. Aliquippa, PA 15001 t3etaraburq, YL 33707 1-500-438-6461 / 00-15-J ?7 Parcel Number: 39-36-2424-015 (Space Above This Ltd* For Retordiajr Data) MORTGAGE h1V 100073350077501563 NOTICE: THIS LOAN IS NOT - ASSUMABLE WITHOUT THE APPROVAL OF THE DEPARTMENT OF VETERANS AFFAIRS OR ITS AUTHORIZED AGENT. taulmI IONS Words used in multiplo sootiona of this document are dermed below and outer words are defined in Sacdons 3, 11, 13. 18, 20 and;21. Ccriain rules regarding the usage of wrnds u40d in this document are also provided in Section 16. (A) ISMrity Iasirstawalt summa this dmnnam, which Is dsued Janu*ty 5, 2005 , tosedw vAih all lUders to this document. (B)'*rrewer'?iv rtarold J. Eutxy, an unmarried man Borrower is the mortgagor moor this Security Instrument. (q 174ILrttB" is Mortgage Bleetronic Registration Systems, Yno. MW is a separate corporation that is acing salaly as a nominee far Larder and Lender's suecaucrs and assigns. him b the mortgagee under this Security instrument. MERS is organirsd and Waling under the laws of Delaware, and has im addreaa and telaphono number of P.O. Box 2026,1'iint N 46501-2026, tal. (888) 679-MM. 500?75 PENNSYLVANIA -Single Family -FanaN VvofRaddle Mac UNIFORM INSTRUMENT WITH MFRS Form :1039 1110i ®415(PA) (tlLQ6j page I of If VYP YpRreJ10Ei0pM6-?OajSll.7;at -_ 8X 1894PG 126 (D)' Lander" is b1ORTGAGL. IHWGTORS CORPORATZON Lender is it Corporation organized and existing under the laws of Ohio lmdeesaddressis 6090 CENT&AL AVY.MM, ST. PETERSBURG, M 33707 (E) ITloto" means the promissory note signed by Borrower and daW aauuary 5, 2005 The Note states that Borrower owes Lander niaaty-two t,housaud ono hundred and 00110 ors (U. S. $92,100.00 ) plus intorwL $orrower has promised to pay fife debt in regular Periodic Payments and to pay the debt In full not later then February 1, 2035 . (i) TrvpcAy" means the property that is described below under the heading "Transfer of Bights in the Property. ( G) J a" means the debt evidenced by the Note, plus interest, my pMaywayt charges and late charges doe under the Note, and all sums due under this Security Instrument, plus interest. (I) "Itidca" means all Riders to this Security Instrument that are execuled by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Adjustable Rate Rider Condominium Rider Second Hotua Rider Belloon Rider Planned Unit Drmlopuwt Rider 1-4 ]Family Rider ® VA Rider Biweekly Payment Rider ms(s) Is1ec1fy] (1) "Applicable Law" Comm all controlling opplksbla federal, state and local statutes, regulations, ordirapc" and administrative rules and orders (that have the Cgiert of law) as well as all applicable final, non-appealable judicial opinions. (3) "Commuvrty Assadatlon Dues, Fees, sad Assessments" means all dues, fees, ass nts and other charges that are imposed on Botrot+ver or the property by a condominium association, homeowners association or similar orpuWan. (I) "Rleohmie adds, Transfer" means an transfer of Rinds, other than a transaction orlglaat A by olteoic, draft, or s' 11 paper lnstrumont, which is initiated through on elcetronie terminal, telephonic instrtauent. campuW, or mWp e tape sa as to order, in*uc% or authorim a Snanclal institution to debit or credit an vow at Such term odes, but Is not lindied 1% pola"Psale trarsfert, autonuW teller machine tramacdons, transfers initiated by telephone,, wire transfers, and aatornaiM clearinghouse (fl "ESUVN, Items" means those items that are described in Sermon 3_ (l1? "Mlseeltaneoas Proceeds" maw any eomiuma on, sottlemcn, award of darnages, or proceeds paid by any third patty (other than insurance procond paid under rho coverages described in Section 5) for. (i) damage to, or deatntatton of, the property; (t() condwumt(on or other b Ung of all or'say pan of the property; (W) cea vayanea in lieu. of conddmnaion; or (iv) mi4representattons of, or omissions as to, the value mdJor iorAtion of the Property, ? ? gage b3surawae" means insurance protecting launder against the nonpayment ol; or default on, (0) "periodic Payment" means the regWarl?i scheduled etnount due for (i) principal and interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument. 500775 „a,a,• W6(FA) (0209) v.wt,tu porn 3039 VOI 8K 1894PG 126*8 ll"Arr rneam the Real Estate Wamant Procedures Act (12 U.S.C. Section 2601 ct seq.) and its i vietu nticrg rogutlstion, Regulation J?(24 C F.lL Part 3500), as they might be aarendod from time to titac, or any 10149dortal or successor legislation or regudution that governs the same subject matter. As used In this histruimcut, "REBPA" refers to all requirtmenm and restrictions that arc imposed in regard to a "fralalad mortgage ken" even if the Lam does not gttify as a "federally related mortgage Lowe under A. of Vor title no-t that party t es assumed Borrower's nbLigat tract Fonda the that e aandl loor this S tecurrity nsume'nt Nether or TRANSFER OF RIORTS IN THE PROPERTY This Security Instrrunent secures to under, (i) tho repayment of the Lows, and Wl reriewals, extensions and modiEaatimrs of tho Note, and (10 the performance of Borrower's covenants and agreements under this Security Instrument and the Note, For this pufposq )Borrower does hereby wrtgaga, grant and convey to hMRS (solely as aortilm for Lander and Leader's strcCessm and assigns) and to the successors and assigw of W4M the fallowing described property located in the county (Type of Recording Jurisdiction) of cuutbarlsutei 1Name of Recording 3uri?dteUonle SEE B111M1' A A'1"04100 AND MDv PART MW our. which currently has the address of 23 darafford street (5trCal Shippoasburg lclhl, Pennsylvania 17257 (Zip Codel ("Property Address"); T0G137MX SM all the improvameats now or hereafter aracted on the property, and all ansaaooots, aces, std fattraa now or hereafter a part of the ptrty. All replacements and eovered by " security Invis mttink AU of the fareguing is referred to in this Sam?yr Itatrunwa as the "Property." Borrower unds wands said -1 tied IERS holds only legal title todte interaW by Bonww In Us Security hat umamd, batr if mcmary to comply with law of Custom, MERE nominee lbr Lander and LeivWs srocas in 1 sawissil;w) has the right: to exercise any or all of thole ltrteresta, iaelat_diag, but not limited to the right to forecfesc and sell this Pmperty; end to take on required of Leader including, but not limited to, releasing and canceling this Security 500175 UnMu• ?•06(PAlle:oq h0???r1t Form 3039 1101 O K I 894 PG 1269 DORROWBR COVENANTS that Borrower Is lawfully seised of the estate hereby conveyed and has the right to mortgages grant and convey the Property and that the Property is unoncumbered, except for encumbrances of record Borrower warranto and will clefead generally the title to the Property against all claims and d*muods, subject to any anoumbtances of record. THIS SL+CORITY INSMWENT comblucs uniform covenants for nWom d use and non-uniform covenants with limited variations by jurisdiction to eonstituta a uniform securlty instrument covering real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows; 1. Payment of Ptimcipal, intareat; FAmw Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal 4 and interest on, the debt avideneed by the Note and any prepayment charges and lets charges due under the Note. ]Borrower slnail.also pay funds for Escrow items pursuant to 5oation 3. Payments due under the Note and Ws Security Tnstrunuatt shall be mado in U.S. currency. However, If any check or other instrument received by Lewder as payment under the Note or this Swzity Ins w=ent is returned to Londea unpaid, Lender may require that any or all subsequent paymemis due under the Note and this Security Instrumcitt be mado in one or more of the following rarms, as selected by London (a) cash; (b) money order, (e) cerdfled dwA bank check, treasure`s check or easbier's check, provided any such check is drawn upon an Insl1tution whose deposits are insured by a federal agency, Instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Leader 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 pravisions in Section 15. Lender may rotten any payment or partial payment if the payment or t*Alat payments are insufficient to bring the Loan current Lender may accept any payment or partial payment insufficient to bring the Lcwi ounent, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments In the future, but Lender is not obligated to apply such paymonts at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, than Lender need not pay interest an unapplie d funds. Lrndar may hold such unappliod finds until Borrower makes payment to bring the Low current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such Mods or return them to Borrower. If not applied mlier, such fletrds will be applied to the outstanding principal baloriee under the Note immedlately prior to foreclosure. No offset or claim which Borrower might have now or in the fiihtra against Lender shall relieve Borrower from melting payments duo under the Note and this Security Instrument or pertbrrming the covenants and agreements secured by this Security Instrument 2. Application of Payments or Proccods, Zccapt as otherwise described in this section 2, all payments accepted and applied by Lender shall be applied In the following order of priority. (a) intoral due under slew Note; (b) principal due rondo the Note; (o) amounts duo tinder Section 3. Such payments shall be applied to each Periodic Payment in the order in which It becamo duo. Any renaWng amounts shall be applied (list to law ehorgas, scoond to any other amounts due under this Security instrument, end then to reduce the principal balance of the Note- If Lender receives a payment from Borrower for it delinquent Periodic Payment v4doh Includes a sufficient mount to pay any hue charge due, the paysmsrt may be applied to the delinquad payment and the left charge If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the mpayrnmit of the Periodic Payments if, and to the extent that each payment 500775 NAWt t?-8t3tPA} totes? vq$4 or a Farm 3039 7101 BK 18 9 4 PG 12-70 can be paid in M. To the extent that tmy excess exists alter She payment is applied to the fWl payment of one or more Periodic payments, such excess may be applied to any late charges due. Voluntary prepaymma ahaR be applied fast to any preppyrnem charges and then as described in the Note. Atey application of payments, insurance proceeds, or Miscellaneous Procacds to principal due under the Note shall oot extend or pomipeac the due date, or change the amount, of the Periodic Paynaads. 3. Bloods for EseroN Items. Borrower shall pay to [render on the day Periodic payments arc dun under the Note, undl the Note Is paid in M. a sum (the "Funds") to provide for payment of amounts duo for: (a) taxes and assessment; and other items which can attain priority over this Security Instrument as a lion or enoutnbraooe on the Property; (b) leasehold paymaats or ground rents an the Property,. If any; (o) premiums for any and 41 Insumoo required by Leader under Section 5; and (d) Mortgage Insurance premiums, If any, or any sutras payable by Borrower to Lender in lieu of the payment of Mortgage lnsurom premiuata In accordance with the provisions of Section 10. These items are called "Escrow [toms." At origination or at any time during the term of the Loan, Leader may require that Community Association Dues. Few, sod Assessments, if any, be escrowed by Borrower, and such dues, foes and assessments shall be an Escrow Item Borrower shall promptly furnish to Lender sll notices of amounts to be paid under this Section. Borrower shall pay Lauder the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lcndcr may waive Barrower's obligation to pay to Lcndar Funds for any or all Escrow Itcros 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 nay Escrow Items for which payment of Funds has been waived by Lender and, if Lander requires, "hall 1lunish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to males such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained In this Securtty Instrument, as the phrase "covenant and agreement" is used in 8ndon 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, end Borrower falls to pay. the amount due for an Escrow Item, Lander tray exercise its rights under Section 9 and pay such an=ent and Borrower shall thon be obligated under Section 9 to repay to Lender may such amount Lander may revoke the waiver as to any or all Uscrvw Rents at any time by a notice given in aeoerdanee wish Section 15 and, upon such revocation, Borrower sball pay to Lender all Funds, and in such amounts, that are Own required under this Section 3. Leader may. at any time, collect and hold Fonds in an amount (a) sufficient to permit Lender to apply the Prunes at the time speailled under RESPA, and (b) not to datooed the maximum amount a lender can require under RFSPA. Lender shall estimate rite amount of Funds due on the basis of current data and reasonable estiamoes of eagwnditures of future Escrow Items or otherwise in v,=damce with Applicable Law. The Funds simall be held la an institution whose deposits are insured by a federal agency, irwtrumanta ty, or entity (including Lender, if Lender is an institution whose deposits arc so pleurae) or in any Podaral Harm Loan 13aWL. Lander strati apply the Ponds to pay tho Escrow Items no lator then the time specifiaa under RESPA. Lends s611 not duno Borrower for holding and applying the Funds, annually analyft the escrow account, or verifying the Escrow [toms, unless Lewder pays 1orrower Interest on the Funds and Applicable Law permits Londor to make such a charge. Union an agreement is mane 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 Lander can agree in writing, however, that interest 500775 41%-BB(PA) #Paoa) r604 s of If M"bU germ sods trot 8K 1894PG 127 1 shall be pad on the Funds. Lender shall glue to Borrower, without chargo? an annual accounting of the Funds as require] by RESPA. If there Is a surplus of Funds held in escrow, as definad under RBSBA, Lander shall account to Borrower for tho across Prods in accordance with RESPA. If there Is a ahottage 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 ao- irleuoa with RESPA, but in no more than 12 monthly paymortts, If there is a deficiency of Rends held in escrow, as defined under RFMA. Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount nooessary to make up the deficiency in accordance with RWA. but in no more than 12 monthly paymonta. Upon payraent in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. d. Chames; Liam Borrower shall pay all taxes, assmattats, charges, Saes, and impositions attributable to the Prop" which can strain priority over this Security Ittstrurmeut, leasehold payments or ground rents on the Property, if arty, and Community Association Dues, Fear, and Assessments, If any. To the extent that these Items arc Escrow Rents, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Soaurhy Instrument unless Borrower; (a) agrees in writing to the payment of the obligation secured by the lien in a manner scceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests tie lien in good faith by, or defends against cnibmartent of the lien in, too proceedings which in Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proeeedings are concluded; or (o) secures from the bolder oftho lien a agreement g4pl}tctcry„to Lender subordinating the lino to this Swwity botrtaaant. If Lender de rndnw that any pat of the Property is subject to a lien which can Wain priority over this Seourity Indrumetr% Lender tray give Borrower a notice idontifytng the lien. Within 10 drys of the data 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 onetime charge for a real estate tax verifioation and/or reporting service used by Leader in connection with this Loan. 5. Property Insurance Borrower shall keep the Improw acnts now existing or hcteatter erected on the property insured agalmt loss by fire, hazards included within the terra "extended coverage," sad any other lw=ds including, but not limited to, earthquakes and floods, for which Lender requires insurance. Ms iniumcc shall be maintained in the araourds (hnoludhng deductible levels) and for the periods that Lender rcgtr w. What Lender requires pursuant to the preceding imam can change during the term of the Loan. The insurance carrier providing to insurance ahsll be cbosan by Borrower subject to Lender's right to disapprove Borne vW s choice, which right: shall hart be exercised unreasonably. Lender may require Borrower w pay, in connection with this Laaq, aid= (a) a one-time charge for flood zone detexminadon, oe tification and uv*Jag saMcce; or (b) a ono-dw charge for flood zone determination and osrtifioation services and subsequent charges each limo ramapphtgs at sLnilar ahattgea occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fat imposed by the Federal Eutergoaeyi Management Agerasy in connection with the review of arty flood zone determination resulting from an objnedon by Borrower. 500775 Mnu? ®4e3(PA) larwt Page aof ta Fv??nSO3A 1104 e 8K 1894PG 1272 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance covcsage, at Londeras option and $orrower'a expanse. Lender is under no obligation to purchase any particular type or ,mount of coverage. Therefore, such eoverne shall cover Lender, but might or might not protect Borrower, Banowee a equity In this Property, or tho eoutarts of the Proporty, against apy task, hwsrd or liability and aught pMA& greeter or leaser cenrarago then was previously in s>lbat Borrower aolmowledges tier tins cost of the Insurance; eovorago so obtained height dtiiBcardly exceed the cost of ituurancc that Borrower could have obtaiwal. Any amounts disbursed by Lander under this Section 5 shall become additional debt of Borrower secured by thin Security Instrumsent. These amounts shall bear interest at tbo Note rate from the data of disbursanent amd Ahali be payable, with such interest, upon notice from Loader to Borrower requesting payment: All instnrance policies required by Lender and ranewals of such policies shall be subject to Lender's right to disapprove such policies, shall Include a standard mortgage clause, and shall nomo Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renawel certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal naticas. If Borrower obtains any farm of inxamaco coverage not athtawlse required by Lender, for damage to, or destruction of, the Property. such policy shall inolude a standard mortgage clause and shall name Leader as mortgagee and/or as an additional loss payee. In the event of 19ss, Borrower shall Siva prompt notice to the Insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unloas Lender and Borrower otherwise agree in writisrg, any insurance proceeds, whether or not the underlying Insurance was required by Lender, small be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's aecurity,.ts not lessened. During such repair and restoration perlad. Lender shall bsvo the right to hold such insurance proceeds until Lender has had an oppmhn»ty to laspeot such Property to msure the work Iran been completed to Lcndats sadstlacNon, provided that rush inspection shall be undertaken promptly. Leader may disburse proceeds for the repairs and rrataration in a single payment or in a series of progress paymatts as tlu work is complated• Unless on agreement is made in writing or Applicable Law requim interest to be paid an such iws asoce proceeds, Lender shall net be required to pay Bomr*w any interest or comings on suds proceeds. Pon for public ac a tens, or other third parties. retained by Borrower shall not be paid out of the insurance proceeds cad shall be the sole obligation of Borrower. If tha restoration or tepalr Is not economically feasible or Lender's security would be lessened, the insursaw proceeds shall be applied to the lases secured by this Security Itatrtsmerrt, what er or not then due, with the excess, if any, paid to Borrower. Such tuuuronce proceeds shall be applied in the order provided for in Section 2 if Borrower abandons the Property, Lauder may tile, tusgotlate and settle any available ]tuurance claim and related rashers. If Borrower does not despond within 30 days to a notice from Lender that the Insurance carrier has 901tred to settle a olslm. then Lender' may negotiate and settle the claim. The 30-day period will begin vkan the notice is given. In either event, or if Lander acquires the property under Section 72 or of Lois, -Borrower baseby asaigna to Lander (a) Harrower' a rights to Any insurance procoods In an amount not to owed the wwants unpaid trade' the Note or this Security instrument, and (b) aby other of Borrower's rights (other than the right to any rettmd of unearned premiums paid by ]Borrower) under all JiLwance policies awarhug the Property, insofar as such rights are applicable to the coverage ofthe Property. Leader may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. 500775 iaawr q? ®•Ba(?A) tense) vase t or to `0T Fotm 3039 1101 81t 1894PG 1273 6. Occupancy. Borrower shall oomrpy, establish, and use the Property as Borrower's principal residence within 60 days athw the wtocution of this Security Instrwmd and shall continue to occupy tho Property as Borrower' a principal rosUmoc for at least one year after the data of occupancy, unless Lender otherwise agree: in writings which consort shalt not be unreasonably withheld, or unten extenuating circwnstanoes exist which sun beyond Borrower' a control. 9: Pmavation, Maialsnaacs and Protodion of the Propertyl Inspedlons, Borrower shall not destroy, damage or impair the Property, allow the Properly to deteriorate or commit waste on the Property. Whetha or not Borrower is residing in the Property, Berrdwer shall maintain the Property in order to prevent the Property from detaioraling or decreasing in value due to its Condition. Unless it Is determined pursuant to Section S that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damegcd to avoid further. deterioration or damage. If insurance or condemnation proceeds are paid in connection with darnago to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only If Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress poyrnents w the work is completed, if the insuruea or eondermwdion proceeds arc not suffieltnt to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the wmpietion of such rapair.or restoration. Lender or its agent way nuke reasonable entries upon and inspections of the Property. If it has reasonable came, Lender may inspect the interior of the improvements on the Property. Lender shad give Borrower notice at the time of or prior to such an interior Inspection specifying such reasonable cause. S. Borrower's I,,onn Application, Borrower shell be ju4WAw1Q4.AwIng the Loan application process, Borrower or any per u; or entities noting at the diroaion of Borrower or with 1arrowar s knowledge or consent gave materially false, misieadlng, or iuaocurik informmion or sWamcnts to Lender (or failed to provide Leader with rnaterial information) is connection with rho Loan. Material representations include, but are not limited to, representations ecneerning Qprrowp's occupancy of the Property as Borrower' a principal residence. . 9. Protection, of Lander'': Interest in the Property and Ulphts Under this Security Instrument, If (a) Borrower falls to pertbrm the covenants and agreamatts contained in this Security Instrument, (b) there Is a legal proooedins that might significantly aged Leader's Inkiest In the Property and/or rights under this Security Instrument (such as a proeuxuding in banlcroptey, probate, for condemnation or for enure, for mrf rrceosest of a lien which may attain priority over this Security Inowetn or to enforce laws or reguitdlons), or (o) Borrower has abandoned the Property, than Lender may do and pay for whatever is reasonablo or appropzidt; to pratat Lonxices hrttaaat In the. Pmparty and rights under this Security Instrument. including prateadng ad/or asseah% thw value of the Property, and scouring and/or repairing the Property. I(.endae'a adlesnss on include, but are not limited to., (a) paying any acute secured by a lien which has priority over thus Security Instrument; (b) appearing in court; and (e) paying reasonable attorneys' foes to proumt its Intorest hr the Proppaasty and/or rights under this Security Instruunent, Including its secured position in a bm mptq procooding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate: building or other code vlaixacins or dangerous eondidons, and have utilities united on or ofE Altbough bander may take action under this Section 9, bender 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 autborized under this Section 9, 500775 ?euu: (ft48(PA) 0206) np.r.r11 forsn?e7a tier BK 1894PG 1274 Awry amounts disbursed by Lender under this Section 9 simll become additional debt of Borrower secured by this Seem* Iastnanwt. These amounts shall boar Iltaost at the Naga rate from the data of disburmna nt and shall be payable, with such intarosk upon notice from Lender to Borrower requesting P this Security Instrument is oa a leasehold. Owmwor shall oatnply with all the pmvisions of the lease. Tf Borrower acquires fba title to the Property, the leuchold and the foe title snail not merge, unless Lender agrees to the xnager In writing. Ia. Matrtgage Inswreaer. If Lender required Mortgage Insurance as a condition of mailing the Loan. Borrowar aball pay the premiums roquiral to maintain the Mortgage Insurance in e1I'et t,14 far any reason, the Mortgage Insuranca coverage required by )reader ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to makes separately destgtmated payments toward the premiums for Mortgage Insurance, Borrower shall pay the pretnluns required to obtain coverage substantially equivalent to the Mogrttgg?agga Insurance previously in offect, at a cost substantially equivalent to the cost to Borrower of the Mortgrage hwr nce previously in affect, from an alternate mortgage insurer selcotod, by Leader. If substantially egtdvWcnt Mortgage Insurance coverage Is not avails !h % Borrower shall continue to pay to Lender the amount or the separately designated payments that were due when the insurance coverage ceased to be In eft'eat. Lend'a will accept, use and retain these payments as a non-refnrdable Ions reserve in lieu of Mor4W insurance. Such I= reserve shall be non-refundable, notwithstanding 16 fed that the Loan Is ultimately paid in fled, and Lender shall not be required to pay borrower any hdwast or earnings on such lots reserve. Lender can no longer require loss reserve p"meals If Mortgago Insurance coverage on the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires a gmately desigrmatad is toward the prendwns for Mortgage Insurance. If Lender required Mortgage Inisuranci7-* aondit f making the Loan and-Barrowor was required to make separately designated .,? ayments toward the premiums for Mortgage insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance In effect, or to provide a non-Yafurxiable loss reserve, until Lender's requiromant for Mortgage Insurance ends In accordance with any written a?cematt between Borrower and Lender providing ft such termination or wWl lamination is required by Appiioablo Law. Nothing in this S«dalon 10 a?aots Borrowers obligation to pay interest at the rate provided in the Note. Mang a Insurance reimburses Lender (or any entity ttlat purchases the Note) for certain sasses It Insurance. Borrower does not repay the Loan as agreed, Borrpwor ie not a party to the Mortgage r> aver ? their total risk on all such Insurance in force from time to time, and may to the tnort)ty dwir risk, or reduce losses, `These agrcements entearer r lift term and eandi?tiotu that ears its that c share or these agreements. These agreements may require the mortgage Insurer to mace paymen using ran souuree of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Irueltr premiums), As wit o ate, Leader, any purchaser of the Note, another insurer, any re)nsurer, any other entity, or any aillliade of any of the tbrogoioogg, may raedvo (directly or Iudlroctly) amounts that derive ffogn (or might be ohnnoterhad as) a portion of Borrower's payments for Mortgage insurance, in tambange for sharing or modit`ying the mortgage insurces risk, or reducing losses. If such agreement provides that on atRliato of Lander takes a share of the insarar's risk in mrchamgo for a shave of the premiums paid to the insurer, the arrangement Is often teamed "captive relasuranee," Further. (a) Any such agreements will not affect the amounts that Dormwer has agreed to pay for Mortgage Insamoce, or any other terms of tba Loan. Such agreewcats will not locrtase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrowor to any refaod, 500775 c ItiIlY1. t; 4a481Pp) P20a) P.a.O ot,? FYffi1 JOJi 1101 BK I 894PG 1275 (b) Any such agreements will not affect the rights Borrower has - if any - with respect to The 14orlgago Insurance under the mcowners Protection Act of L998 or any other law. These rights may Include the right to ra,civo certain d?solosdrar to rtgbut and obtain cancellation of the Mortgage xosarance, to have the Matrigage, Insurance terminated automatically, and/or to receive a refund of toy Mortgage Yusarance premiprns that were unearned at the time of sueb cancellation or termlastion. 1L Assi'gomoat of Miscellaneous Proceeds; Porrelture. All Miscellaneous Proceads are hereby assigned to and shall be paid to Lender. if the Property Is damaged, such Misoollanoous Proceeds shall bee applied to restoration,or repair of the Property, if the restoration or repair Is economically famble and Lender's security is not lessancd. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Procetds until Lender has had an app tn?ty to inspect such Property to etur ro the work has been completed to London`s satisfaction, provided that such inspection shatl be undertakrsr promptly. Lender may pay for the repairs and restoration in a single disbursement or in a serlas of progress )myrocals as the work is completed. Uniess ate agreerrnnt is made in writing or Applicable law requires interest lobe paid on such Misoellmteous Prooeeda, Leader "not be red to pay Borrower any Interest or earrings on such Miscellaneous Pro?• Lfthe restoration or repair Is not eaookimically feasible or Lender's security would be lessened, the Minclieneous Proeaods shag be applied to the so= secured by this Security Instrument, whether or not tiara due, with the fires, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or Ions in value of the Property, the Miscellaneous proceeds shall be applied to mho awns secured by this Security Instrument, whether or not then due, with the excen, if any, paid to Borrower, In the event of a partial taking, destruction, or loss In value of the Property in which the fair market value of the Property imnu Astely before the partial talittg dwtfi err loss m value ice=equal lacy grouter than the amount of the mum secured by this Secuds)y Iustruagnt immediately before the partial Taking, destruction, or loss in value, Unics Borrower and Lander adiarwlse agree in writing. the sums samucd by this Security Instrueeat shall be raduced by the amount of the Miscellaneous Proceeds multiplied by the following Aracdiion: (a) the toll amount of the sums saeurod Immodtately before tho partial takiirmg, deantation. or loss in value divided by (b) the fair market value of the Property immediately before *a partial taking. destruction, or loss In vah% Any balance shall to paid to Borrower. In the event of a pnuW taking, destructim or loss in value of the Pmperty 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 taldng, destruction, or Ions in value, unless Bommer and Latch tmtimaCN n egrae in writing. theivtlaeellaneonms Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then duo, if the Property is abandoned by Borrower, or if, after notice by Lends to Borrower that the Opposing Party (as defined in the neat sentence) offers to make an award to settle a claim for damages, 'Borrower fails to respond to Lender within 30 days after the data the notice is given, Lender is authorized to collect and app]y the Miscellancous Proceeds either to restoration or repair of the pro" or to the sums scoured by this Security Itsstrwna% whcdw or not then duo. "Opposing Party" means the third party that oyes B=ower Miscellaneous Prooceds or the party against whom Borrower Inns a right of action in regard to Miscellaneous Proceeds. Borrower shall be in doI'sult if any aeion or procoodifili, whether civil or criminal, Is begun that, in Lender's judgment, could result in ferkiture of the Property or other materiel impairment of Lerda, s Interest in tie Property or rights under this Security Inskumnt. Dorroww can awe such it default and, If acceleration has occurred, reinstate w provided in Section 19, by c*ning the notion or proceeding to be 500,175 rnrN,a Qk4U(PA) to:o.1 r.o•,eoris Form 3031 1191 Bli 1894PG 1276 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other mnterlal Ioq mdrment of Lends` a interest In the Property or rights under this Security lostnuoent, no prooaods of any award or claim for dameW that are attributable to the irrtpairtneet of Lender's interest in the Property are hereby assigned and "I be paid to Lender. All Miseslianeous Proceeds. that are not applied to restoration or repair of the Property shall be applied in the order provided for In Section Z. 12, Borrower Not Released; Farbennoce By Leader Not s Waiver. Extension of the time for payment or modification of amortindon of the sums woured by this Security Instrument granted by Lender to Borrower or any Successor In Interest of Borrower shall not operate to release the liability of borrower or any Successors in Werest of Borrower. Lender shall not be required to continence proceedings against any Sucomor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization oftho rums secured by ibis Security Instrranent by reason of any doensud made by the original Borrower or say Sueccusoam lq Interest of Borrower. Any farbearagoo by Leader in exorcising rn y right or remedy Including, wHitoUt limitation, Lender's seceptsitco of payments ftm. third parsons, entities or Successors In Interest ofBonowcr or in amounts tens bent the amount then duo, shall not be a waiver of or preclude the otercise of any d& or remedy. 13. Joint and Several Llabllltyl Co-elpersi Suemsert mad Assigns Bound. Borrower covenants and agrees that Borrower' a obligedous and liability shall bo jolat and several. However, any Borrower who co-sIgns this Security Instrument but does not mpreouto the Note (a "ca-signer"): (a) is co-aigning this Security Instrument only to rrwttgage, grant and convey the err-aigtua? a interest In the Property under the terms of this Samity Instrument; {6) Is not personally obligaud to pay rho sums swured by this Security lustrutrmot; and (a) agrees that Lender and any other Borrower can agree to extend, modify, forbear or m. zaxe wdadions with regard to the terms of this Security Instrument or the Note without the 44J94 to the provisions of Section l g, any . Successor in Intamt, of Borrower who osswnu Borrower's oblations wsddr this Security Insm went In writing, and Is approved by Lender, shall obtain all of Borrower's rights and bongs tender this Security Instrument. Borrower shall not be released from Borrowee s obligations and liability under this Soctuity lw trurnart unless Lender agrees to such release in writing. The covettanls and agre umb of this Security lnstratrnent shall bind (except as provided in Section 20) and bourslit the successors and assigns of Lender. 14. Loan Charges. Lender may charge Borrower fees for aervicea performed In connaction Whtlm Borrower's default, for the purpose of ?rolecting Lender's interest in the Property and rights under We Security Insnwnent, incIudtng, but not limited to, attornrys' fns. property inspection and valuation fees. in regard to arty other fns, tiro mbtmaaoe of express mlmldlmoiitY in this 5ccurity lnstruliont to clitargc it specific fx to l3orrowmrr shall rat be gonetrued as a prahIbl$on on fire eherging of such fee, bender may not charge fees that awes eatpressty (rrohibited by this 5eourlty Instrument or by Appticebto Law. If the Loam is subject to a haw wbtab sob maximmun loan abarges, and that low 13 fwelly interpreted so chat elm imttxest ce ottux loamahr? collected err to 6e coQeoted is connection with the Loan exceed the paadtted limits, thm: (a) may mach loan charge sismtl ba reduced by the arnount necessary to reduce the charge to the pertrdtbod limit; sad (b) say atttns already collected from Bormwer which exceeded pastititted limits wiu be refunded to Banvwer. Louder mmy choose to make this refund by roducing the principal owed under the Note or by malting a diroot payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prerprtyrnant wittiest any prwaymont charge (whotlier or not it prepayment Charge Is provided for ender the Note). Banawor's acceptanea of any such rarund made by direct payment to Borrower will constitute a waiver of any right of setter Borrower might have arising out of suah overcharge„ 15. Notices. All notices given by Borrower or Lender in connection with this Socuriry Instrument most be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to 500175 wur.: ?•ab(vA) (atoll he. 1, vt IN Form 7939 tied BK18.94PG 1277 have bent glvcn to Borrower whets noailod by rust class mail or when actually delivered to Borrower's notice meets if stud by other mamas. Notice to any one Borrower shall constluda notice to all Borrowers unless Applicable Law expressly requires odwwlsa The notices address shall be the Property Address unless Borrower Ins designated a snbshhtte notice address by notice to Lender. Borrower shall promptly notify Larder of Borrows' a ctsmago o£ address If L aukr specifies a procedure for reporting Borrower's change of address then Borrower shall Drily report a ehaoge of address through that sp;dbd prooodura. There may be only ono designated notice address under ibis Soaaiiy Instrument at any one these. Any notices to Lender 'bail be given by doliverir?g It or by :nsillrag It by first class mail to Lender's address erased herein urnless Lander has deslgruated anotturr 'dents' by notice to Borrower. Any notice in connection with this Security Instrument shall not ba doomed to have ban given to Lender until actually received by Lmtdor• enY Mica ro4uirnd by this Security Instnrneitt Is also require! Under Applicable Law, ttae Applicable LAW roganran ant w;ll satisfy the corresponding requirement under this Security bwtrtuawal. 16. Governing Law; SwereblBty; Wes; of Coom actiou. This Security Instrument shall be governed by federal law and the law of the Jurisdiction in which the Property Is located. Ali rights and obliges eonained in this Insir mad are subject to any requirements and timtWons of Applicable Law. Applieablo LBw?t explfeltly or Implicitly allow the parties to agree by contract or it might be silent, but such silence shall not ba construed as a prolu-bition against agreement by contract. In the went that my provision or clause of this Security Instrument or the Note aonfiicts with Applicable Law, such conflict Shall not affect other provisions of this Security instrument or the Note which am be given of led without the conflicting provision. As used In this Security Instrument: (a) words of the masculine gender shall mean and inolude corresponding neuter words or words of the feminine gender, (b) words In the singular shall mean and include the plural and vice versa; and (e) the wordily give' sole discretion without ury o?Ggation to take any action. 17. Borrower*s Copy, Borrower shrill be slven'o&'a Now Note and of this Security Instn+ment M Tr+awfer of the (Property or a HenAcial Iatu at in Borrower. As used in this Section 18, "interest In am Property" means any legal or bensftelal interest In the Property, Including, but not limited to, those beneficial interests transferred in a bead for dead, wntraot for deed. installment sales contract Or asarow Ogreanwit the intent of which Is tha tsen for of title by Harrower at a future date to a purchaser. if all or any part of the Property or any Interest in the Property Is said or transfaYed (or If Borrower Is not a natural person and it baneffoial interest in Borrower is sold or traasfarrcd) without Lcndoe s prior wriam consent, Lender may require immediate payment in full of all sums secured by this security Instrnnent. However, this option shall not be wwroised by Lender if such exercise is prohibited by Applicable Law. If Lander erterd= this option, Lender shall give 11wower notice of acceloWton, The notice shall provide mist of not less than 30 days from the date the nice is given in accordance with Section 15 within Botraiwer most pay all mum secured by this security butt unit. If Borrower fails to pay these wars prior to the o pWon of this period. Larder may Invoke any remedies perndded by this security Insavnsart without further notice or dataand an Basroom. 19. BosroveOs Right to Belastate Attar Aceelemdra. If borrower mats certain conditions, Harrower shall have the right to have enforcement of this Security lnstrment discontinued of any time prior to the earliest at'. (e) five days before oak ofthe Properly purse rit to any pow'' of We contained in this Security lustnunant; (b) such other period as Applicable Law might sport for the termination of ]borrower's right to reinstate; or (C) entry of :,Judgment cAcaing this Security Insirwnant. Those conditions eta that borrower; (o) pays Oder sums which flue would be due under this security Instrument and the Nate as if no acceleration had occurred; (b) cures any default of any other covcnsnn or 500775 lnnwr: <Sk4giPA1 r92011 7N+1: of to FOM 3039 1101 UK 1894PG 1278 agreements; (c) pays all expenses lwmod In enforcing this Security Instrument, Including, but not limited to, rcwonablo artorasys, fees, property inspection and valunflan fees, and other feas incurred for the purpose, or protecting Lender's interest in the Property and rights under this Security Instrument; and (d) tak a sob action as Lender tray reasonably req m e thot e s ires interest in the pro" this Sectud and rights under this Sotm * Instrument.. and 8orroc=vd by reinstatement sums and tr atrumc aL shall continue torch qpd. Leader may require that Borrower pay such Wonses la one or more of the following tornn, as selooted by Lender. (a) cash; (b) money order, (o) certified thoci4 bank cheek, ttaasurces check or oublic a. cho* provided any such check is drawn upon an Institution whose deposits are Insured by a federal agency, instrumentality or arrbty; or (d) Electronic Funds Transfer. Upon roinstatetnettt by Borrower, this Seottrity lnstrumont and obligations secured hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section I S. 20. Sale of Note; Ctusage of Loan Servictr, Nodite of Grievance. The Note or a partial intorcat in the Note (together with this Security Instnunatt) can be sold one or more times without prior notice to Borrawrr. A sale might result In a change in the entity (known as the "Loan Servicer") that collects Periodic Payments due under the ]Note and this Security instrument and perfonns other mortgage loan servicing obligations under the 24ota, this Security Grstrummtt, and Applicable Law. There also might be ogre or Moro changes of tine Loan Servicor unrelated to a sale of the Noto. If there is a change of the Loan Servieeg Borrower will be given written notice oftho change which wit! state the name and address of the new Loan $rrvicar, the address to which payments should be made and any other information RESPA requires In connection with a notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan 5erviver other than the purchaser of the Note, the, mortgngc loan servicing obligations ''fa"}3SE`d'Oi & will remain with the Loan Servicer or be, transferred to a successor loan 5ervicer and arc not assuta64V the dote purchaser unless otherwise provided by the Note purchaser. ?- --- - . Neither Borrower nor Landor may eorrun*dwA join, or be joined to any Judicial action (as either ate Individual litigant or the membar of a class) that aim from the otter party's actions pursuant to this Security instrument or ties alleges that the other party has brcwlW any Provision of, or any duty owed by reason ofr this Seess3ty inslrumank until such Borrower or Leader bas actif3ed the other parry (with such notice given In gwWUaneo with tbo r04uIremarts of Section 15) of such alleged breach end afforded the otter ply heroto a mwarsable period alter the giving of such notice to tokc owwdvc action. if Applicable Lew provides a linos period which must elapse before cartaln action can be token, that time period will be deemed to be reasonable for purposes of this, paragraph. The notice of acceleration and opportunity to cure given to Borrower ptrsuaat to Sudon 22 and the notice of acceleration given to Borrower pursunad to Section 18 shall be deemed to satisfy the notice and opportunity to take correotive action provisions of this Section 20. are those 21. Hansardow Substaurxs. As used in this Section 21:(ads by EnvirSubstances" ruaw std the substances deBued as toxic or hazu*us polhdanu6 or following substance; gesolhte, Imrosene, other flammable or toxic petroleum products, toxic pestioides and herbicides, volatile solvents. materials containing asbesWs or fetnreldehyde, and radioactive materrdais; (b) "Bnvisournotal laW mesas federal laws ad laws of thus jurisdiodon where the Property Is located that relate to health, sa$+ty or'envlro==W protection; (o) •Ew4ronmantal Cleanup" includes any response action, remedial action, or removal action, as dafkad In Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Environmental Cleanup. BOOM ?•i9(PA) issuer 0 P406 17 61 15 Farm tOJD 1101 Vj 1894PG 127 9 Avrrewer shall not cause or permit the presence, use, disposal, forage, or release of any HazzwOus Substmmces, or ftm t n to release any Harm dour Substances, on or in the prey Borrower shall not do, nor allow anyone else to do, anything at'fwdngg the Property (a) that is in vii' latfoa of any Eavimnrrrcntal Law, ) which atom an Hair tal Condldon, or (e} which. clue to the presence, use, or rotease of a 1Taus substance, a vatm a condition $9 adversely atTixts tie value of the Property Me pruocetiing . two seatmas shall not apply to the wrseacc. use, or storage on the Propcdy of mma11 qusntid" of Hazardous Sttbatmrcat that era ? ?1y rooognlud. to be appt'opriate to norrnaall residentW rocs and to moisdaneaoa of the Property (including, but not llmhod to, haardous substances in consumer produuds). Borrower shall promptly g inves8claim, demand, lawsult iva Lender virlNea aptlee of (a) any nu c or other moon any goveriviontal or regulatory Agency or pry volvmg the Property $ad any Hazardous substsnoa or linvironmentd Law of which 8arrawer has actual Irnowledge, (b) any Envirournestal Condition, including but not limited to. spilling, leaking, discharge, release or threat of release of say Hmzdous Substance, and (c) tuty cordion caused by the presence, use or release of a hazardous Sibstarta Which adversely islf6cts the value of the Property. If Borrower learns, or is notified by any avetnmcrrtal or regulatory aW verity, or any private party, that any ramoval or other remediatlon of arty azerdous Substarrcc atl'ectung the Property is necessary, Borrower shall promptly take all nwxssary rau,edial actions in accordance with Envlrorunentsl Law. NW *g herein shall create any obligation on Lender for an Enviroortontal Cieaaup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agroo as follows. 22. Acceleration; Rrmedies. Lender shall give notice to Borrower prior to acceleration following Borrower's broach of uay covenant ar agreement in this Security Instrument (but not prior to aecelerattan under Section 19 101161+ Appppltaable LAW provldct otherwise), L*Ader shall notify Borrower of, among other tbhagn (a the default; (b) the action regnlred to cure the default; (c) when the default matt be cured; sad ) that Tenure to cure the default ass fled may roult in acceleration of this sums utetam by (his ant, feredosom by edictal proceeding and sale of the Property. Leader shalt furtbar t$ of the right to relastato-af r scccleretloa and the t to assort in the foreclosure * nor-alaltuce of a defsslt or any other defense of Borrower to aceelosdoo and foneclosum the default Is not cared an spaelfied Leader st Its option may r quire immediate payment Im full of all swims tecurod by this security Instrument without further demand sad may foreclose this Security Instrument by judicial proceeding. Lender shall be exttitled to colkat all expenses incunvd in panning the remedies provided in this Section 22, Includin but not limited to, ottorseye feet and costs of tills r4denee to the extent permitted by Applicable Law. ument 23. Release.' Upon payment of all mm secured by this Security Instrument, this Security Instr and the estak corvayed shall terridnate and become void. Attar such ocaurenca, Lender shall discharge and ad* this Seutrllttyy lostr mtent,, Borrower "I psY as recordation costs. Lmdw say charge Borrower' a fba for relasal v this t3eaat(y Instrument, but only if the fee is paid to a third party for services rendered and to 4wel g of tha rim is *mkW undw A w"19 Iaw: 24. Waivers. Borrower, m the =dent p=AW by Applicable Law, walvas and releases any error or defeots In prviceedInIls to enforce his rity and hereby .a walves neabenneft moi alny res su ar tidwe laws providing for stay of execution, =cteaslon of thnq ?r+pG and homestead exemption. 25.' Reinstatement Period. Borrower, s tans to raiartaaw provided in Section 19 shall extend to one hour prior to the cp -eu=nent of bidding at a sheriff's sale or other We pursuant to this Security instrumorlL 26. Purchase Mosey Mortgage. If =try of the debt secured by this Security instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall bo a purchaset? mortgage. 27. fatartat Rate After ,Irdgrnenk Borrower agree that the interest rate p a ?udgrrunt is entered on the Nam or in an sedan of mortgage foreclosura shall be the rate payable from timo to tine under the Note. 500775 Intll?lt: CIB(PA) 0108) Poo. 91 or In Korey 3031 1101 8.I 894PG 1280 .. r BY SIGNg1Q BELOW, Bomowcr accepts and agrees 10 tho carps and covenants contained in this Sccurity t,&=cnt and in say Ridor executed by Borrower and rocvrdcd with it. Witacscts.+_ L r-D -Lv-o'0-r (seal) Harold J. ztltxy -Borrower (mil) •eorrower (Seal) .HOttOwar _ (Seal) -Bormrrar - (Sul) -Bo[towor 500775 QVS(PA) 02001 (Sew) -BOrr4wCr pigs If VIf Form 300 1101 ix 1894PG 1281 a ti Certidimts of Pjadme To' V Y-? ( vj (i . do hereby ccrtlPy that the correct add= of iho within named Mortgagee Is F.O. Box 2026, Flint, MI 48501-2026. Witness my hand this St h day of "hussy, 2005 (1- --? U, . Agon1 of Mwlgagce COMMONWEALTH Or PENNSYLVANIA, Cumberland County ea: On this. the 050 day of Xei9Mwsit Y er7bO.S , before we, the undersigned offices, pefsojWly appeared lmQwn to me (or sWs&dorily proven) to be the jwwn(s) whose uamo(s) is/,poladwribad to the within i"tr urtent and acknowledged th4 h%b~ Oxeculed 1111e name for the PurpOSOa herein contained. IN WIINM YiHZi3:OF, t hereunto set my hand m4 official scW. My Comild aiou h'?q?ires: Vaot:181a?p" r D- /?1or.4.45' Title of On"tacr _ iVoOatlai him PdA hty on 1AaaW,PW rMNdnl9 d timu?? 4t%-4BIPA) post page :e.r re Farm 7030 1101 SK 1894PG 1282 7 500775 • Exhibit "A" Legal Description All that certain parcel of land situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, being bounded and described as follows, to wit: Beginning at a stake on line of Lot No. 11 now or formerly of Ralph A. Strafford; thence along the Northern side of a 40-foot wide street known as 6crafford Street, North 67'30' East. a distance of 80 feet to Lot No. 13 on sold plan; thence North 22-30' West along the dividing line between Lots Nos. 12 and 13 on said plan, a distance of 118.43 feet to land now or formerly of H.W. Qesseman heirs; thence by sold Oeesaman land, South 67130' West, a distance of e0 feet to Lot No. 11 on said plan; thence along said Lot No. 11. South 22-30' East, a distance of 118.43 feet to Strafford Street, the place of beginning. Being Lot No. 12 in the plan of lots in Southampton Township, Cumberland County, Pennsylvania, laid out for Ralph A. Strafford, pursuant to property survey of T.t~ Essick, R.P.E.? PA 2223 and lot layout by John H. Atherton. R.P.E. PA 2602, recorded in Plan Book No. 6, Page 18. Tax ID: 39-36-2424-016 IOMS31.1 Bt 18*94PG 1283 a February 09, 2009 Harold J Eutzy DR 215 Re: Loan No. 9000620737-C86 23 Scrafford St 37 Shippensburg PA 17257 41 ACT 91 NOTICE HOMEOWNER " S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER " S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: * IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, * IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND * IF YOU MEET OTHER ELIGIBLE REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE - Under the Act, you are entitled a temporary stay of forec],osur,.e on your mortgage,for thirty (30) days from the date of this dot}ce. During that time you must arrange and attend a "face-to-face" meeting with one of the designated consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR ACCOUNT UP TO DATE. THE PART OF THIS NOTICE CALLED "HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agencies listed at the end of this Notice, the lender may NOT take action against you for (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located and set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. Loan: 9000620737 CM9 Letter Title: ACT 160,mortgagor/property Letter Date: 2/9/2009 Page: 0003 O's "b,*4,, APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner' 's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIOD SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your applica- tion. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOL.LOWING_PART OF THIS NOTICE IS FOR INFORMAT:ION.PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE.DTEBT. (If you have filed bankruptcy you can still apply for emergency Mortgage Assistance.) HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date) A. YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and now past due: Monthly Payments from 10-01-08 thru the current date, with your monthly payments being $ 570.26. THE TOTAL AMOUNT REQUIRED AS OF THIS DATE IS $ 2906.29. HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER WHICH IS $ 2906.29, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES, OTHER FEES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments can be made either by cash, cashier ''s check, certified check or money order made payable and sent to: ATTN: PAYMENT PROCESSING LENDER NAME: Everhome Mortgage Company ADDRESS: P.O. BOX 530579, ATLANTA, GA 30353-0579 Loan: 9000620737 User: CM9 Letter Title: ACT 160,mortgagor/property Letter Date: 2/9/2009 Page: 0002 A IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney ''s fees that were actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney ''s fees actually incurred by the lender even if they exceed $50.00. Any attorney ''s fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney ''s fees. OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. Loan: 9000620737 1 User: CM9 I Letter Title: ACT 160,mortgagor/property I Letter Date: 2/9/2009 Page: 0001 01 . r EverHome Mortgage Company v. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased VERIFICATION The undersigned is JLCW-(, kl.iOkU of Everhome Mortgage Company on behalf of EverHome Mortgage Company and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation and being authorized to make this verification on behalf of Plaintiff, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Everhome Mortgage Company on behalf of EverHome Mortgage Company Date: .*4'C.. 1q. QW09 L iL 2C,?'ue c? Name: Title: s? Vice, ?i?gK,{2??c? Company: F-v&V(s .AVV-?Cov Loan:9000620737 09-035001 Al FD-.; 'r ?L E OF TFIB p ;^.M; ? ?'r `OTARY 2009 JU14 16 A' 10.41 J . ; V 1 Yi: Pd, clot ?rvy? Z2 0 77 SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I. D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-035001 EverHome Mortgage Company PLAINTIFF VS. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-4032-CIVIL TERM MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Shapiro & DeNardo, LLC, moves this Honorable Court for an Order directing service of the Complaint in Mortgage Foreclosure, Notice of Sale and all subsequent pleadings that require personal service only, upon the above-captioned Defendant, Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased by publication and by posting of the subject premises located at 23 Scrafford Street, Shippensburg, PA 17257 and, in support thereof avers the following: 1. Plaintiff believes, and therefore avers, that Harold J. Eutzy died on or about May 2, 2006. Plaintiff, by and through its agents, has reviewed the appropriate public records to determine if an estate has been created and, if so, whether a personal representative has been appointed. The review of these public records indicates that no estate exists for Harold J. Eutzy. 2. Any attempts at personal service of the Complaint in Mortgage Foreclosure would not be successful. 3. Service of process by publication is permitted by Pennsylvania Rule of Civil Procedure 430(b). 4. Pennsylvania Rule of Civil Procedure 430 (b) (2) provides: "When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the Complaint or an affidavit that they are unknown." 5. In the case at bar, the Complaint in Mortgage Foreclosure as filed indicates that the heirs of Harold J. Eutzy, deceased Real Owner and Mortgagor, are unknown to Plaintiff, despite a good faith investigation of the probate records as set forth in the Affidavit attached hereto and incorporated herein as Exhibit "A." WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint in Mortgage Foreclosure, Notice of Sale and all subsequent pleadings that require personal service only, upon the Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased, by publication in a legal publication designated by the Court for the publication of legal notices and in one newspaper of general circulation within Cumberland County, and by posting the subject premises located at 23 Scrafford Street, Shippensburg, PA 17257. SHAPIRO & DeNARDO, LLC l BY: Ilana Zion, Esquire Attorney for Plaintif 2154 E. Sergeant St., Philadelphia, PA 19125 P - 215-901-7269 fax-267-371-5191 Joe.Sarocy@defaultexpress.com www.defaultexpress.com 3/31/2009 PROBATE SEARCH Re: Eutzy, Harold - SS# TROD - 05/02/06 - Estate # n/a Our office contacted the Register of Wills office in Cumberland County. Per Register of Wills office there is no estate raised for the above individual(s). CREDIT INFORMATION HAROLD 3 EUTZY 23 SCRAFFORD ST , SHIPPENSBURG, PA 17257 19 CHESTNUT GROVE RD , SHIPPENSBURG, PA 17257 315 E GARFIELD ST, SHIPPENSBURG, PA 17257 1466 WOODS RD TRLR 13 , SHIPPENSBURG, PA 17257 18Q.SHIPPENSBURG RD , SHIPPENSBURG, PA 17257 2 RITNER GDNS , SHIPPENSBURG, PA 17257 180 SHIPPENSBURG MOBILE EST, SHIPPENSBURG, PA 17257 21 SCRAFFORD ST , SHIPPENSBURG, PA 17257 98 E CREEK RD , NEWBURG, PA 17240 2 WHITMER RD , SHIPPENSBURG, PA 17257 3 RITNER GDNS 2 , SHIPPENSBURG, PA 17257 79 10/22/1929 12/01/1979-04/30/2008 (717) 532-4019 07/01/2002-05/01/2004 12/01/1979-09/01/2003 (717) 532-4019 08/01/1995-09/01/2003 02/01/2004-06/01/2003 - 12/01/1979-11/01/2003 (717) 532-4019 06/01/2003-07/01/2002 12/01/1979-10/01/2002 (717) 532-4019 12/01/1979-07/18/2001 (717) 532-4019 01/01/1997-10/01/2000 12/01/1979-09/01/1997 (717) 532-4019 DECEDENT INFORAMTION Name [Birth I Death Last R id Last SSN Issued B f Tools Order es ence ene it Record? 22 02 17257 HAROLD Oct May (Shippensburg, (none !Pennsylvania J EUTZY 1929 2006 Cumberland, specified) j i (V) PA i Viewing 1-1 of 1 (V)=(Verified) Report verified with a family member or someone acting on behalf of a family member. (P)=(Proof) Death Certificate Observed. Cov: x. '6 6" A 44 11?W:A I POSSIBLE HEIRS FOR THIS SUBJECT 1466 WOODS RD, SHIPPENSBURG PA H TOVAR EUTZY ROSEANNE EUTZY ROZEANN M EUTZY TOVAR EUTZY 19 CHESTNUT GROVE RD, SHIPPENSBURG PA ROSEANNE EUTZY ROZEANN M EUTZY TOVAR EUTZY 2 RITNER GDNS, SHIPPENSBURG PA MONICA M EUTZY TERESA MARIE EUTZY 21 SCRAFFORD ST, SHIPPENSBURG PA 08/15/1975 08/15/1975 12/15/1971 02/15/1948 01/25/1976 09/01/1948 MONICA M EUTZY 717-5324019 TERESA M EUTZY - 3 RITNER GDNS, SHIPPENSBURG PA MONICA M EUTZY 717-5324019 315 E GARFIELD ST, SHIPPENSBURG PA ANTHONY R EUTZY -7.1.7. 4235166 H TOVAR EUTZY 717-532104 MONICA M EUTZY 717-5324019 NA M EUTZY ROZEANN M EUTZY 717-5329104 ROZEANNE M EUTZY 717!-5329104 TOVAR EUTZY 717-5329104 TOVER EUTZY 717-5329104 98 E CREEK RD, NEWBURG PA ANTHONY R EUTZY 12/13/1971 08/15/1975 08/15/1975 12/15/1971 09/01/1948 07/15/1974 12/13/1971 09/01/1948 08/15/1975 Aug 1975 07/15/1974 EverHome Mortgage Company VS. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased VERIFICATION Ilana Zion, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unworn falsification to authorities. SHAPIRO & DeNARDO, LLC DATE: BY: 9- 0 Ilana Zion, Esquire Attorney for Plainti S&D: 09-035001 SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-035001 EverHome Mortgage Company PLAINTIFF VS. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold ; J. Eutzy, deceased DEFENDANT ; COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-4032-CIVIL TERM MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: If service cannot be made under the applicable rule, the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompaniQd by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. In real property actions, such as the instant action in mortgage foreclosure, Pennsylvania Rule of Civil Procedure, 410 (c), sets forth the manner in which service shall be made pursuant to an Order of Court under Pa R.C.P. 430 (a): The court shall direct one or more of the following methods of service: (1) publication as provided by Rule 430 (b),(2) posting a copy of the original process on the most public part of the property, (3) registered mail to the defendant's last known address, and (4) such other methods, if any, as the court deems appropriate to serve notice to the defendant. Pennsylvania Rule of Civil Procedure 430 (b) (2) provides: "When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the Complaint or an affidavit that they are unknown." As both the Complaint in Mortgage Foreclosure as filed and a good faith investigation of the probate records as set forth in the Affidavit make clear the heirs of Harold J. Eutzy are unknown to Plaintiff, and no estate has been raised. As such, it is impossible for Plaintiff to properly server everyone on behalf of Defendant. In order to complete service on the Defendant, Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased, so as to move this action forward to ultimate disposition, the Plaintiff respectfully requests that this Honorable Court, pursuant to Pennsylvania Rule of Civil Procedure 430, grant a special Order directing service of the Complaint in Mortgage Foreclosure, Notice of Sale and all subsequent pleadings that require personal service only, on the Defendant, by publication in a legal publication designated by the Court for the publication of legal notices and in one newspaper of general circulation within Cumberland County, and by posting the subject premises located at 23 Scrafford Street, Shippensburg, PA 17257 by the Sheriff, competent adult, or other party allowed by law. Respectfully Submitted, SHAPIRO & DeNARDO, LLC 11 BY: Ilana Zion, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I. D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-035001 EverHome Mortgage Company PLAINTIFF VS. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-4032-CIVIL TERM Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased DEFENDANT CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Motion For Service Pursuant to Special Order Of Court on (? I -'?d t' :) to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased, 23 Scrafford Street, Shippensburg, PA 17257 SHAPIRO & DeNARDO, LLC Date: BY: akw Ilana Zion, Esquire Attorney for Plaintiff FILE THE 2009 JUL - I k', ( ! : c 9 PENNSYLVAMA Sheriffs Office of Cumberland County R Thomas Kline ???,?,,f?rtrai?r,y r Edward L Schorpp Sheriff Solicitor Ronny R Anderson Jody S Smith Chief Deputy Civil Process Sergeant EverHome Mortgage Company I Case Number vs. 2009-4032 Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associa SHERIFF'S RETURN OF SERVICE 06/25/2009 07:07 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2009 at 1907 hours, he served a true copy of the within Complaint in Mortgage; Foreclosure, upon the within named defendant, to wit: Unknown Heirs, Sucessors, Assigns and All Persons, Firms, or Associations Claiming Right, Title or Intrest from or under Harold J. Eutzy, decreased, by making known unto Teresa Eutzy, adult in charge at 23 Scrafford Street Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to her personally the said true and correct copy of the same. SHERIFF COST: $46.00 SO ANSWERS, June 26, 2009 R THOMAS KLINE, SHERIFF Deputy Sheriff c? o 0 ?-; t-.- SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 S & D FILE NO. 09-035001 JUL 0 2 2009U EverHome Mortgage Company COURT OF COMMON PLEAS PLAINTIFF ~ CIVIL DIVISION VS. CUMBERLAND COUNTY Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming ~ NO: 09-4032-CNIL TERM Right, Title or Interest from or under Harold J. Eutzy, deceased DEFENDANT ORDER ' ~ ~ ~ ~ u on AND NOW, this day of , 2009, p consideration of Plaintiffs Motion For Service Pursuant To Special Order Of Court and the Affidavit of Good Faith Investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure, Notice of Sale, and all subsequent pleadings that require personal service only, on Defendant, Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased, shall be complete when Plaintiff or its counsel or agent has published a true and correct copy of the Complaint in Mortgage Foreclosure, Notice of Sale, or any subsequent pleadings in the legal publication designated by the Court for the publication of legal notices and in one newspaper of general circulation within Cumberland County and the Sheriff has posted a true and correct copy of the Complaint in Mortgage Foreclosure, Notice of Sale and or any subsequent pleadings on the most public part of the mortgaged premises located at 23 Scrafford Street, Shippensburg, PA 17257. J. ~-i4 ~ l.U: ' 1a „~,~~ - C~ ~, y ,~.~. ~ tom. i SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-035001 EverHome Mortgage Company PLAINTIFF VS. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased DEFENDANT FILFQ- ~~rr=SCE n~ T~"c ~; ~0?~~n=~,,nY~Y 2010,lf~,y 12 °t~ ~~ 09 <: COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY N0:09-4032-CIVIL TERM PRAECIPE FOR JUDGMENT FOR FAILURE TO ANSWER AND ASSESSMENT OF DAMAGES Enter Judgment IN REM in the amount of $96,882.00 in favor of the Plaintiff and against the Defendant, for failure to file an answer to Plaintiffs Complaint in Mortgage Foreclosure within 20 days from service thereof and assess Plaintiffs damages as follows and calculated as stated in the Complaint: Principal of Mortgage Debt Due and Unpaid $86,330.49 Interest at 4.125% from September 1, 2008 to March 31, 2009(212 days @ $9.76 per diem) $2,069.12 Interest at 3.125% from April 1, 2009 to January 8, 2010(283 days @ $7.39 per diem) $2,091.37 Late Charges $321.68 Escrow Advances $1,087.82 Appraisal Fees $400.00 Property Inspection $15.00 Title Search Fees $250.00 Attorney Fees & Costs of Foreclosure $4,316.52 ~~ $96,882.00 BY: ~ Michael J. Clark, Esquire Atto y for Plaintiff AND NOW, judgment is entered in favor of the Plaintif d against th endant and damages are assessed as above in the sum of $96,882.00. \ ~ 09-035001 Pro. Prothy. ~i~. oo Pp ~rn1 CfC~' 3y~o1'1~ P~ as~l87 l~rke~, l~.la~.(mt SHAPIRO & DENARDO, LLC BY: DANIELLE BOYLE-EBERSOLE, ESQ. MICHAEL CLARK, ESQ. CHRISTOPHER A. DENARDO, ESQ. AND ILANA ZION, ESQ. ATTORNEY I.D. NOS. 81747, 202929, 78447 & 87137 3600 HORIZON DRNE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610) 278-6800 S & K FILE N0.09-035001 EverHome Mortgage Company PLAINTIFF VS. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased 23 Strafford Street Shippensburg, PA 17257 DEFEND,~NT(S) STATE OF: ~Y~da COURT OF COMMON PLEAS CUMBERLAND COUNTY NO: COUNTY OF: ~~Q-~ AFFIDAVIT OF NON-MILITARY SERVICE THE UNDERSIGNED being duly sworn, states that he/she is over the age of eighteen years and competent to make this affidavit and the following averments are based upon investigations made and records maintained either as Plaintiff or servicing agent of the Plaintiff and that the above-captioned Defendants' last known address is as set forth in the caption and they are not in the Military or Naval Service of the United States of America or its Allies as defined in the Soldiers and Sailors Civil Relief Act of 1940, as amended. Everhome 1,Ylortgage Company on behalf of EverHome Mortgage Company By: NAME: ~~c~,.e, . Gt, Qh, TITLE: }~~. Vlc~ LGI-~" Sworn to and subscribed before me this 1 ~ day of .~~'C~l_. 09. otary a~;~ _ ~.•~~'~~~.,,, MICHELE L. FISHER 09-035001 ??~~ `~% Notary Public -State of Florida _• : • My Comm. Expires Oct 1, 2012 -;~,~ ~' Commission ~ DD 826967 ~' ~~°++t• •~ Bonded Through National Notary Assn. 6001 9 Z ~bW N4 Q~a~ 4px>±~; ~' SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-035001 EverHome Mortgage Company PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased DEFENDANT NO: 09-4032-CIVIL TERM NOTICE OF INTENTION TO TAKE DEFAULT UNDER Pa.R.C.P. 237.1 IMPORTANT NOTICE TO: Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased DATE OF NOTICE: December 28, 2009 You are in default because you have failed to enter a written appearance personally or by attorney and file in writing with the court your defenses or objections to the claims set forth against you. Unless you act within ten (10) days from the date of this notice, a Judgment may be entered against you without a hearing and you may lose your property or other important rights. You should take this notice to a lawyer at once. If you do not have a lawyer or cannot afford one, go to or telephone the following office to find out where you can get legal help: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIIt DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. NOTIFICACION IMPORTANTE Usted se encuentra en estado de rebeldia por no haber tornado la accion requirida de su parte en este caso. Al no tomar la accion debida dentro de un termino de diez (10) dias de la fecha de esta notificacion, el tribuna podra, sin necesidad de compararecer usted in cone o escuchar preuba alguna, dictar sentencia en su contra. Usted puede perder bienes y otros derechos importantes. Debe llevar esta notificacion a un abogado immediatamente. Si usted no tiene abogado o si no tiene dinero suficiente para tal servicio, vaya en persona o flame por telefono a la oficina cuya direccion se encuentra escrita abajo para averiguar donde se puede conseguir assitencia legal: Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-219-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. PERSONS TO WHOM RULE 237.1 NOTICE SENT TO: Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased, 23 Scrafford Street, Shippensburg, PA 17257 s~ Christopher A. DeNardo, Esquire Shapiro &DeNardo, LLC Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE ATTORNEY I.D. NO: PA Bar # 78447 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-035001 EverHome Mortgage Company PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY VS. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased DEFENDANT NO: 09-4032-CIVIL TERM CERTIFICATION OF MAILING NOTICE UNDER RULE 237.1 The undersigned hereby certifies that a Written Notice of Intention to File a Praecipe for the Entry of Default Judgment was mailed to the defendant (s) and to his, her, their attorney of record, if any, after the default occurred and at least (10) days prior to the date of the filing of the Praecipe. Said Notice was sent on the date set forth in the copy of said Notice attached hereto, December 28, 2009 to the following Defendants: Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased, 23 Scrafford Street, Shippensburg, PA 17257 .._.__ ~~ Tiffany Donnell, Legal Assistant to Christopher A. DeNardo, Esquire for Shapiro &DeNardo, LLC SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIIZE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-035001 EverHome Mortgage Company PLAINTIFF VS. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY N0:09-4032-CIVIL TERM CERTIFICATE OF SERVICE I, Michael J. Clark, Esquire, Attorney for the Plaintiff, hereby certify that I have served by first class mail, postage prepaid, true and correct copies of the attached papers upon the following person(s) or their attorney of record: Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased, 23 Scrafford Street, Shippensburg, PA 17257 Date Mailed: SHAPIRO & DeNARDO, LLC BY: ~~~ V ~-- Michael J. Cl k, Esquire Attorney for laintiff SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-035001 EverHome Mortgage Company PLAINTIFF VS. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY N0:09-4032-CIVIL TERM CERTIFICATION OF ADDRESS I hereby certify that the correct address of the judgment creditor (Plaintiff] is: EverHome Mortgage Company c/o Everhome Mortgage Company 8100 Nations Way Jacksonville, FL 32256 and that the last known address of the judgment debtor (Defendant) is: Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased 23 Scrafford Street Shippensburg, PA 17257 SHAPIRO & DeNARDO, LLC BY: ~~.. Michael J. Cl ,Esquire Attorney for Plaintiff 09-035001 OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Clerk Cumberland County Courthouse 1 Courthouse Square Carlisle, PA 17013 Curtis R. Long Prothonotary TO: Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased 23 Scrafford Street Shippensburg, PA 17257 EverHome Mortgage Company PLAINTIFF VS. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased ' DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-4032-CIVIL TERM NOTICE Pursuant to Rule 236 of the Supreme Court of Pennsylvania, you are hereby notified that a Judgment has been entered against you in the above proceeding as indicated below. Prothonotary [XX] Judgment by Default [ ]Judgment for Possession [ ]Judgment on Award of Arbitration ] Judgment on Verdict [ ]Judgment on Court Findings IF YOU HAVE ANY QUESTIONS CONCERNING THIS NOTICE, PLEASE CALL: ATTORNEY MICHAEL J. CLARK, ESQUIRE AT (610)278-6800. IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL DIVISION _ PRAECIPE FOR WRIT OF EXECUTION Caption: EverHome Mortgage Company PLAINTIFF vs. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased DEFENDANT(S) TO THE PROTHONOTARY OF THE SAID COURT: ()Confessed Judgment ()Other File No. pQ_ y,p3a ~,,~ i (Term Amount Due $96,882.00 Interest January 9, 2010 to June 2 2010 is 1 202.78 Atty's Comm Costs The undersigned hereby certifies that the below does not arise out of a retail installment safe, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. Issue writ of execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs, upon the following described property of the defendant(s) - _ See attached Le4al Description PRAECIPE FOR ATTACHEMENT EXECUTION Issue writ of attachment to the Sheriff of Cumberland County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. Date: ~' , I ~'ZO I ~~ Signature: ~-„ Print Name: Michael J. C ark Es uire Address: 3600 Hori on Drive, Suite 150 King of Prussia, PA 19406 Attorney for: Plaintiff Supreme Court ID # PA Bar # 202929 0 !~F ?~i-fc r~M;CT~~n~;nTARY 2Q10 J~i~! 12 I'i~ 3~ 09 ~a$.oo Pp a-rr1 410. oo C6F ~a.oo ~~ 78. so ~t io. oo ~~ I~. oo ~~ a.5o `~ aa7.oo- pp Any $ a.. oo Dve Co • 5p LL CK-'~ 3~~I'7`~ R~ as~ig7 ~~ ~~ SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-035001 EverHome Mortgage Company PLAINTIFF VS. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased DEFENDANT ~JF ~F?L~' j'~.. ~;r t'3T~,RY 1Q I Q JA,~ ~ 2 °~ 3.O g CU~':~: L t j, k'!N, COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-4032-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 EverHome Mortgage Company, 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 23 Scrafford Street, Shippensburg, PA 17257. Name and address of Owner(s) or Reputed Owner(s) 2. 3 Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased 23 Scrafford Street Shippensburg, PA 17257 Name and address of Defendant in the judgment: Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased 23 Scrafford Street Shippensburg, PA 17257 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: EverHome Mortgage Company c/o Everhome Mortgage Company 8100 Nations Way Jacksonville, FL 32256 Internal Revenue Service US Dept of the Treasury Internal Revenue Service Center Cincinnati, OH 45999 4. Name and address of the last recorded holder of every mortgage of record: EverHome Mortgage Company, Plaintiff c/o Everhome Mortgage Company 8100 Nations Way Jacksonville, FL 32256 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: TENANT OR OCCUPANT 23 Scrafford Street Shippensburg, PA 17257 Commonwealth of Pennsylvania Department of Revenue Inheritance Tax Division 1131 Strawberry Square, 6th Floor Harrisburg, PA 17128 Internal Revenue Service Special Procedures Branch 1001 Liberty Avenue, 13th Floor, Ste. 1300 Pittsburgh, PA 15222 Department of Public Welfare Estate Recovery Program P.O. Box 8486, Willow Oak Bldg Harrisburg, PA 17105 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC BY: Michael J. Clar ,Esquire 09-035001 5HAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-035001 EverHome Mortgage Company PLAINTIFF VS. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-4032-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased 23 Strafford Street Shippensburg, PA 17257 Your house (real estate) at: 23 Strafford Street, Shippensburg, PA 17257 39-36-2424-015 is scheduled to be sold at Sheriffs Sale on June 2, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $96,882.00 obtained by EverHome Mortgage Company 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 cancelled if you pay back to EverHome Mortgage Company the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You maybe able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) J YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. 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. 9. 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. 10. You maybe entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 09-035001 ,~ All that certain parcel of land situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, being bounded and described as follows, to wit: Beginning at a stake on line of Lot No. 11 now or formerly of Ralph A. Scrafford; thence along the Northern side of a 40-foot wide street known at Scrafford Street, North 67° 30' East, a distance of 60 feet to Lot No. 13 on said plan; thence North 22° 30' West along the dividing line between Lots Nos. 12 and 13 on said plan, a distance of 118.43 feet to land now or formerly of H.W. Geesaman heirs; thence by said Geesaman land, South 67° 30' West, a distance of 60 feet to Lot No. 11 on said plan; thence along said Lot No. 11, South 22° 30' East, a distance of 118.43 feet to Scrafford Street, the place of beginning. Being Lot No. 12 in the plan of lots in Southampton Township, Cumberland County, Pennsylvania, laid out for Ralph A. Scrafford, pursuant to property survey of T.L. Essick, R.P.E., PA 2228 and lot layout by John H. Atherton, R.P.E. PA 2602, recorded in Plan Book No. 5, Page 18. Tax ID: 39-36-2424-015 BEING THE SAME PREMISES which Shirley J. Strouse, by Deed dated June 25, 2004 and recorded July 6, 2004, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 263 age 4893, granted and conveyed unto the Harold J. Eutzy, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-4032 Civil CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EVERHOME MORTGAGE COMPANY, Plaintiff (s) From UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HAROLD J. EUTZY, deceased, (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 $96,882.00 L.L. $.50 Interest from 1/9/10 to 6!2110 -- $1,202.78 Ariy's Comm Atty Paid $227.00 Plaintiff Paid Date: 1(12/2010 Due Prothy $2.00 Other Costs David D. Buell, Prothon ary (Seal) By: Deputy REQUESTING PARTY: Name: MICHAEL J. CLARK, ESQUIRE Address: SHAPIRO & DENARDO, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 202929 SHE,~IFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy ~~yer~~~' of ~a,ui~r~~~~~~ . ~ ~'~~-> Fl!_l. Richard W Stewart .SOi1C/tOr f"C , ~ ~{ EverHome Mortgage Company vs. Harold J Eutzy Case Number 2009-4032 SHERIFF'S RETURN OF SERVICE 04/06/2010 11:39 AM -Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 a 1137 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above entitled action, upon the within named defendant, to wit: Harold J. Eutzy, by posting the property located at: 23 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania pursuant to Court Order. 04/08/2010 Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1137 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Harold J. Eutzy, located at, 23 Scrafford Street, Shippensburg, Cumberland County, Pennsylvania according to law. 06/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He sold the same for the sum of $1.00 to Attorney Michael J. Clark, on behalf of The Secretary of Veterans Affairs, c/o Countrywide Home Loans, Inc., 2375 North Glenville Drive, Richardson, TX 75082, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 861.05 SHERIFF COST: $861.05 June 30, 2010 SO ANSWERS, `'..-- RON R ANDERSON, SHERIFF ~,~ ~. ~. ~SO ~~ ~~7»~ a~Sa~~ rj CounfySutlP Sherft, Teleosoff. In;;_ r 1r SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-035001 EverHome Mortgage Company PLAINTIFF VS. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-4032-CIVIL TERM AFFIDAVIT PURSUANT TO RULE 3129.1 EverHome Mortgage Company, 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 23 Scrafford Street, Shippensburg, PA 17257. 1. Name and address of Owner(s) or Reputed Owner(s) Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased 23 Scrafford Street _ Shippensburg, PA 17257 2. Name and address of Defendant in the judgment: Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased 23 Scrafford Street Shippensburg, PA 17257 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: EverHome Mortgage Company c/o Everhome Mortgage Company 8100 Nations Way Jacksonville, FL 32256 Internal Revenue Service US Dept of the Treasury Internal Revenue Service Center Cincinnati, OH 45999 s i 4. Name and address of the last recorded holder of every mortgage of record: EverHome Mortgage Company, Plaintiff c/o Everhome Mortgage Company 8100 Nations Way Jacksonville, FL 32256 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest maybe affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which maybe affected by the sale: TENANT OR OCCUPANT 23 Scrafford Street Shippensburg, PA 17257 Commonwealth of Pennsylvania Department of Revenue Inheritance Tax Division 1131 Strawberry Square, 6th Floor Harrisburg, PA 17128 Internal Revenue Service Special Procedures Branch 1001 Liberty Avenue, 13th Floor, Ste. 1300 Pittsburgh, PA 15222 Department of Public Welfare Estate Recovery Program P.O. Box 8486, Willow Oak Bldg Harrisburg, PA 17105 i ~ I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC BY: Michael J. Clar ,Esquire 09-035001 SHAPIRO & DeNARDO, LLC BY: MICHAEL J. CLARK, ESQUIRE ATTORNEY I.D. NO: PA Bar # 202929 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 09-035001 EverHome Mortgage Company PLAINTIFF VS. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-4032-CIVIL TERM NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claming Right, Title or Interest from or under Harold J. Eutzy, deceased 23 Scrafford Street Shippensburg, PA 17257 Your house (real estate) at: 23 Scrafford Street, Shippensburg, PA 17257 39-36-2424-015 is scheduled to be sold at Sheriffs Sale on June 2, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $96,882.00 obtained by EverHome Mortgage Company 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 cancelled if you pay back to EverHome Mortgage Company the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call:(610)278-6800. 2. You maybe able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You maybe able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. 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. 9. 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. 10. You maybe entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 09-035001 All that certain parcel of land situate in the Township of Southampton, County of Cumberland and Commonwealth of Pennsylvania, being bounded and described as follows, to wit: Beginning at a stake on line of Lot No. 11 now or formerly of Ralph A. Scrafford; thence along the Northern side of a 40-foot wide street known at Scrafford Street, North 67° 30' East, a distance of 60 feet to Lot No. 13 on said plan; thence North 22° 30' West along the dividing line between Lots Nos. 12 and 13 on said plan, a distance of 118.43 feet to land now or formerly of H.W. Geesaman heirs; thence by said Geesaman land, South 67° 30' West, a distance of 60 feet to Lot No. 11 on said plan; thence along said Lot No. 11, South 22° 30' East, a distance of 118.43 feet to Scrafford Street, the place of beginning. Being Lot No. 12 in the plan of lots in Southampton Township, Cumberland County, Pennsylvania, laid out for Ralph A. Scrafford, pursuant to property survey of T.L. Essick, R.P.E., PA 2228 and lot layout by John H. Atherton, R.P.E. PA 2602, recorded in Plan Book No. 5, Page 18. Tax ID: 39-36-2424-015 BEING THE SAME PREMISES which Shirley J. Strouse, by Deed dated June 25, 2004 and recorded July 6, 2004, in the Office for the Recorder of Deeds in and for the County of Cumberland, in Deed Book 263 age 4893, granted and conveyed unto the Harold J. Eutzy, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-4032 Civil COUNTY OF CUMBERLAND) CIVIL ACTION -LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due EVERHOME MORTGAGE COMPANY, Plaintiff (s) From UNKNOWN HEIRS, SUCCESSORS, ASSIGNS AND ALL PERSONS, FIRMS OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER HAROLD J. EUTZY, deceased, (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 $96,882.00 Interest from 1/9/10 to 6/2/10 -- $1,202.78 L.L. $.50 Atty's Comm Atty Paid $227.00 Plaintiff Paid Date: 1/12/2010 (Seal) REQUESTING PARTY: Name: MICHAEL J. CLARK, ESQUIRE Address: SHAPIRO & DENARDO, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Due Prothy $2.00 Other Costs David D. Buell, Protho otary By: Deputy Supreme Court ID No. 202929 On March 22, 2010 the Sheriff levied upon the defendant's interest in the real property situated in Southamptond Township, Cumberland County, PA, Known and numbered, 23 Scrafford Street, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: ~, Real Estate Coordi ator € ~ ~z d ~ ~ ~nr o~oz ~ao~~~ ~. ' , . 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: April 16, Apri123, and Apri130, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. isa~larie Coyne, SWORNfiO AND SUBSCRIBED before me this 0 da of Aril 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commisafon Expires Apr 28, 2014 wit xo. Zo09-4032 ci.il EverHome Mortgage Company vs. Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest from or under Harold J. Eutzy, deceased Atty: Michael J. Clark All that certain parcel of land situ- ate in the Township of Southampton, County of Cumberland and Com- monwealth of Pennsylvania, being bounded and described as follows, to wit: Beginning at a stake on line of Lot No. 11 now or formerly of Ralph A. Scrafford; thence along the Northern side of a 40-foot wide street known at Scrafford Street, North 67° 30' East, a distance of 60 feet to Lot No. 13 on said plan; thence North 22° 30' West along the dividing line between Lots Nos. 12 and 13 on said plan, a distance of 118.43 feet to land now or formerly of H.W. Geesaman heirs; thence by said Geesaman land, South 67° 30' West, a distance of 60 feet to Lot No. 11 on said plan; thence along said Lot No. 11, South 22° 30' East, a distance of 118.43 feet to Scrafford Street, the place of beginning. Being Lot No. 12 in the plan of lots in Southampton Township, Cumber- land County, Pennsylvania, laid out for Ralph A. Scrafford, pursuant to property survey of T.L. Essick, R.P.E., PA 2228 and lot layout by John H. Atherton, R.P.E. PA 2602, recorded in Plan Book No. 5, Page 18. Tax ID:39-36-2424-015. BEING THE SAME PREMISES which Shirley J. Strouse, by Deed dated June 25, 2004 and recorded July 6, 2004, in the Office for the Re- corder of Deeds in and for the County of Cumberland, in Deed Book 263 age 4893, granted and conveyed unto the Harold J. Eutzy, in fee. ....,..::.:.«„«.r..;sa.-.....w.w+.~x....,,,w,....,,.e ........xrw,a.~~a.: r_ y.-es~.,w::.... p „~ w .w., b„ w....... ,....6 E -_.~. The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ~e~lahiot News Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the Gity of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 04/23/10 c--'~~~ 04/30/10 Sworn to an~,:~scribed before me this~~yny of May, 2010 A.D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Seal Sherrie L KFSner, Notary Publk MM ComPml~lor~~ rac NNov. 262013 Member, PennsyNanla Association oP Notarks MMt M~I-..l~~IM~ 'IIMMR~ M~Irr~rr~t~ fir!' ~-~' , end Ait~; MMm, cr . ~~' trom +or +ulderHrroM J'~Izy, d~gMtsrd Arty: Mi~ssl J Clark T1~7'. 9Aj'89~pd of laod siEwRe iu'the. T .at ~ of Cudiaimd and Gagkppuwpffi of Permsylvania, hound~.od dgeonbe$ ~ £nAows, to wit. BEGIl^INIi`iG atxatake~#otr`dfl.otNa:,11 ~ oe fapmaiy o~ A,'6!k ;>~g ibe Nosthein sideof a 44foot wido etrad Yooan' .: at Sctafl'ord Street, North 61° 30' F<au, a.diltaeoe' aL'60feettoLoti~io.l3oas+id 1~ati~, 22° 30' Wesf nk±ng the dividing ~ balols ~Nos.12'7md l3 oa said plan, a distaea of 11$133 feet to Isafl qow, or fomxsiy of ti.$V. GattaWan heatai t>tpprab9 said Gooeaman land, Sa~t61° 30' West, a distaecr of 60 feet to lot Nd.,l L on aaidplm; theca ak4ag>iad[,st'Pio,, li,t22° ~'>~st, a distance of 318.43f~ tQ Sas~erd . $to~; t{rp phae ~ HEGW1~RtG. BEII+~G Iqt No. 12,in the ~an.of lots in Southaanptan Towtis~ip, Cwnberland. Cawty, Eenasylv!>ae, laid out for RaFpti A. Scra~ord, pursuadito~iop~y ofT.}:, Esgek;R.EE., PA 2228 and lot. layorat pfs 3ahr, H.' Atl>e~ton, R.P.E. PA ~6U2, + iq,;,?}au $ad; h6a,; 5; Page 18. ., , 'Tits ~. 39-3Zh242A~Aa5 B?~~AN1EP ~isbyl: Stroga, hY Axtd ~¢i~ Z~ ~! {r~ txoatded Iniy 6.2®K,111< 111e f+~ tba_Ra+apaa of tlndq ir~ rpil i~ tM Conk, of ~ 6t >~~~~~~ > COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND } SS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriffls Deed in which SECRETARY OF VETERANS AFFAIRS is the grantee the same having been sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued on the 12TH day of JAN, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 4032, at the suit of EVERHOME MTG CO against HAROLD J EUTZY ESTATE is duly recorded as Instrument Number 201018318. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this ~ day of A.D. oZ..(~ / C> of Deeds iieoadet d Deeds, Cnibe~end dxnt~ t1e~ !II IYtyy C,omnhaion Eames ttM fret t~londagrd dsn. 2ot4