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Home My WebLink About09-4140a McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 _A'IARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP 1800 Tapo Canyon Road Mail Stop #SV-103 Simi Valley, California 93063 V. Lowell S Royer 105 Pin Oak Lane Shippensburg, Pennsylvania 17257 Barbara J Royer 105 Pin Oak Lane Shippensburg, Pennsylvania 17257 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number 09- '11Y0 Cil • l -7.? CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en ]a corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisioner de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. Sl USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO N1 NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTIONIMORTGAGE FORECLOSURE 1. Plaintiff is BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Lowell S Royer, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 105 Pin Oak Lane, Shippensburg, Pennsylvania 17257. 3. The Defendant is Barbara J Royer, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 105 Pin Oak Lane, Shippensburg, Pennsylvania 17257. 4. On June 30, 2006, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to MERS, Inc. as Nominee for First Magnus Financial Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1958, Page 2349. 5. The aforesaid mortgage was thereafter assigned by MERS, Inc. as Nominee for First Magnus Financial Corporation to BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP, by Assignment of Mortgage which will be duly recorded in the Office of the Recorder of Cumberland County. 6. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 105 Pin Oak Lane, Shippensburg, Pennsylvania 17257. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due January 1, 2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance $ 147,794.93 Interest through June 15, 2009 $ 5,358.07 (Plus $27.20 per diem thereafter) Attorney's Fee $ 1,300.00 Late Charges $ 243.30 Corporate Advance $ 35.76 GRAND TOTAL $ 154,732.06 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $154,732.06, together with interest at the rate of $27.20 per diem and other costs and charges collectible under the mortgage and for the foreclosure and sale of the mortgaged property. McCABE, WEISBERG AND CONWAY,P.C. BY: r l/ /,? 4A Attorneys for Plaintiff TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C BY:_ I V UYI- It Attorneys for Plaintif TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE r ?W r_G9ERT P. ?ESL: Wo JUL 13 PM 12 18 Prepared By: FIRST MAGNUS FINANCIAL CORPORATION 603 N. WILMOT TUCSON, AZ 85711 Return TO:_ Acagla bert?6mehr, LL,_, 341 N. Science Park Road - - - Suite 203E (?) P, Lt. -083 State College, PA 16803 - • - PH:814-272-1405 Fax:814-272-1406 [Spam Abow This Line For Recording Data] AUG 2 loos MORTGAGE LOAN NO.: 1694770278 MIN 100039216947702788 MERS, Phone: 1-888-678-6377 DEFINITIONS Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in Section 16. (A) "Security Instrument" means this document, which is dated JUNE 30, 2006 , together with all Riders to this document. (B) "Borrower" Is LOWELL S. ROYER AND BARBARA J. ROYER Borrower is the mortgagor under this Security Instrument. (C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting solely as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this SecurityInstaument. MERS is organized and existing under the laws of Delaware, and has an address and telephone number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS. PENNSYLVANIA -Single Family -Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH M6i.S Form 303 1101 V-6A(PA) (0508) Page 1 or to LENDER SUPPORT SYSTEMS INC. MERSOAPA.NEN) (77/05) SK 1958PG2349 Exhibit A i 9 r (I3) "Lander" is FIFRIST MAGNUS FINANCIAL. CORPORATION, AN ARIZONA CORPORATION Lender is a CORPORATION organized and existing under the laws of ARIZONA Lender's address is 603 North Wilmot Road, Tucson, AZ 85711 (E) "Note" means the promissory note signed by Borrower and dated JUNE 30, 2006 The Note states that Borrower owes Lender ONE HUNDRED FIFTY TWO THOUSAND AND NO/100 X X X X X X X X X X X X X X X X 'Dollars (U.S, $ 152,000.00 ) plus interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than JULY 01, 2036 (F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property." (a) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due under the Note, and all sums due under this Security Instrument, plus interest. (I) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are to be executed by Borrower [check box as applicable]: Q Adjustable Rate Rider Condominium Rider [_] 1-4 Family Rider Q Graduated Payment Rider Planned Unit Development Rider [] Biweekly Payment Rider Q Balloon Rider Rate Improvement Rider [] Second Home Ridler Other(s) [specify] (I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial opinions. (1) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association, homeowners association or similar organization. (K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers. "Escrow Items" means those items that are described in Section 3. (hO "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (Iii) conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property. (N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan. V-eA(PA) (osoe) Page z of is Form 3038 1101 SK l 958PG2350 - < (O) "Periodic Payment" means the regularly scheduled amount due for (1) principal and interest tinder the Note, plus (is) any amounts under Section 3 of this Security Instrument. (P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any additional or successor legislation or regulation that governs the same subject matter.', As used In this Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed regard to a "federallrelated mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA. (Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that party has assumed Borrower's obligations under the Note and/or this Security Instrument. TRANSFER OF RIGHTS IN THE PROPERTY This Security Instrument secures to Lender: (1) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (H) the performance of Borrower's covenants and agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MFRS, the following described property located in the COUNTY [Type of Recording Jurisdiction] of CUMBERLAND [Name of Recording Jurisdiction]: LEGAL DESCRIPTION ATTACHED HERETO AND MADE PART HEREOF ......AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF, which currently has the address of SHIPPENSBURG ("Property Address"): 105 PIN OAK LANE [Street] [City) , Pennsylvania 17257 [Zip Code] TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be covered by this Security Instrument. All of the foregoingg is referred to in this Security Instrument as the "Property." Borrower understands and agrees that ME1ZS holds only legal title to the interests granted by Borrower in this Security Instrument, but, if necessary to comply with haw or custom, MFRS (as nominee for Lender and Lenders successors and assigns) has the right: to exercise any or all of those interests, including, but not limited to, the right to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing and canceling this Security Instrument. v-6A(AA) (osce) Page 3 of 16 ,*, Form 5089 1101 JBK 1958PG235 t . . y 1 t ' 0 BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed', and has the right to mortgage, grant and convey the Property and that the Property Is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record. THIS SECURITY INSTRUMENT combines uniform covenants for national use and non4miform covenants with limited variations by jurisdiction to constitute a uniform security instrument coveting real property. UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows: 1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However. If any check or other instrument received by Leader as payment under the Note or this Security Instrument Is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check Is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer. Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment If the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or, partial payments In the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note Immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument. 2. Applications of Payments or Proceeds. Except as otherwise described in this Section', 2, all payments accepted and applied by Lender shall be applied In the following order of priority: (a) interest due under the Note: (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order In which It became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note. If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments If, and to the extent that, each payment , .,? -, 3 V-6A(PA) (oboe) Page 4 of 16 Form 3038 1101 ?KI958PG2352 A can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described In the Note. Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments!, 3. Fwds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments ',are due under the Note, until the Note Is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold payments or ground rents on the Property, If any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage In I surance premiums, if any, or any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called '!Escrow Items." At origination or at any time during the term of the Loan, Lender may require that Cornmunity Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, foes and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has been waived by Lender and, If Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase "covenant and agrt ement" is used in Section 9. If Borrower Is obligated to pay Escrow Items directly, pursuant to a waiv r, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Se'Ction 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, ',and in such amounts, that are then required under this Section 3. Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current d to and reasonable estimates of expenditures of future Escrow Items or otherwise In accordance with Applicable Law. The Funds shall be held In an institution whose deposits are insured by a federal a envy, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insure or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than a time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Leader pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement Is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Bo0wer any interest or earnings on the Funds, Borrower and Lender can agree in writing, however, that terest V-6A(PA) tosoer Pages or is Fort 3051101 BK ! 958PG2353 shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA. If there Is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there Is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shah pay to Lender the amount necessary to make up the shortage In accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments. Upon payment in full of all-sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender. 4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, tines, and impositions attributable to the Properly which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3. Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which In Lender's opinion operate to prevent the enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property Is subject to alien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice Is given, Borrower shall satisfy the lien or take'; one or more of the actions set forth above in this Section 4. Lender may require Borrower to pay a one-time charge for a real estate tax verification 'and/or reporting service used by Lender in connection with this Loan. 5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the trim of the Loan. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower. un??' ?. J • tF•.- V-8A(PA) Woe) Page a of 96 Form 3039 1/01 nuI958PG2354 If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's equity In the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the Insurance coverage so obtained might significantly exceed thel cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Secdozj 5 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear, interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to disapprove such policies, shall include a standard mortgage clause, and shall name Le der as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and enewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premi ms and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by nder, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clal)se and shall name Lender as mortgagee and/or as an additional loss payee. In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. 'Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration or repair of the Property, If the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the tight to hold such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in d series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires Interest to be paid on such Insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then duo, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2. If Borrower abandons the Property, Lender may file, negotiate and settle any available nce claim and related matters. If Borrower does not respond within 30 days to a notice from Lender at the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The $0-day period will begin when the notice is given. In either event, or If Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of -Borrower's rights (other than the right to any refund of unearned premiums pod by Borrower) under all Insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due. V-GA(PA) (owa) Page 7 of 16 Form 3038 1101 BKI958PG2355 6. Occupancy, Borrower shall occupy, establish, and use the Property as Borrower's principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower's control. 7. Preservation, Maintenance and Protection of the Property, Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste' on the Property. Whether or not Borrower is residing In the Property, Borrower shall maintain the Property In order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration Is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds r such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work Is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower Is not relieved of Borrower's obligation for the completion of such repair or restoration. Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may Inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause. 8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent gave materially false, misleading, or inaccurate information or statements to 'Lender (or failed to provide Lender with material information) in connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower's occupancy' of the Property as Borrower's principal residence. 9. Protection of Lender's Interest In the Property and Rights Under this Security Insb umjont. If (a) Borrower fails to perform the covenants and agreements contained In this Security Instrument, (b) there is a legal proceeding that might significantly affect Leader's Interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeitulre, for enforcement of alien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Leader's actions can include, but are not limited to: (a) paying any sums secured by, a lien which has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its interest In the Property and/or rights under this Security Instrument, Including its secured position in a bankruptcy proceeding. Securing the Property includes, but Is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain' water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and' Is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any'I or all actions authorized under this Section 9. ?} J • . 104416 V-BA(PA) (om) Page a or 16 FOm13039 1101 OK I 958PG2356, Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the, date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment. If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger In writing. 10. Mortgage Insuranco. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for airy reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required t obtain coverage substantially equivalent to the Mortgage Insurance previously In effect, at a cost subsanttially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverag is not available, Borrower shall continue to pay to Lender the amount of the separately designated paym?nts that were due when the insurance coverage ceased to be in effect. Lender will accept, use and reta these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shaat1? not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments If Mortgage Insurance coverage (in the amount and for the period that Lender r quires provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required U :)rtgage Insurance as a condition of making the Loan and Borrower was required to make separately deessIgnated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until L{ender's requirement for Mortgage Insurance ends in accordance with any written agreement between Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothingi, In this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note. Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur If Borrower does not repay the Loan as agreed. Borrower Is not a party to the Mortgage Insurance. Mortgage insurers evaluate their total risk on all such insurance In force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage Insurer to make payments using any source of funds that the mortgage Insurer may have available (which may include funds obtained from Mortgage Insurance premiums). As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reidsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an.aflWate of Lender takes a share of the insurer's risk In exchange for a share of the premiums paid to the insurer, the arrangement is often termed "captive reinsurance." Further: (a) Any such agreements will not at3eot the amounts that Borrower has agreed to p y far Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the mount Borrower will owe far Mortgage Insurance, and they will not entitle Borrower to any refund. 6. V40A(PA) (osoe) Page a or 16 Form 3039 1101 OKI958PG2357 C (b) Any such agreements will not affect the rights Borrower has - if any - with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a reftnd sof any Mortgage Insurance premiums that were unearned at the time of such cancellation or ter min. 11. Assignment of Miscellaneous Proceeds, Forfeiture. All Miscellaneous Proceeds are hereby assigned to and shall be paid to Lender. If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender may payl, for the repairs and restoration in a single disbursement or In a series of progress payments as the work Is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or re r is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall 6e applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2. In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then dub, with the excess, if any, paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value Is equar to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree In writing, th sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately bef re the partial taking, destruction, or loss In value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower. In the event of a partial taking, destruction, or loss in value of the Property In which the fair market value of the Property immediately before the partial taking, destruction, or loss in value Is less than the amount of the sums secured immediately before the partial taking, destruction, or loss In value, 'unless Borrower and Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument whether or not the sums are then due, If the Property is abandoned by Borrower, or If, after notice by Lender to Borrower that the Opposing Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party against whom Borrower-has a right of action in regard to Miscellaneous Proceeds. Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's Interest In the Property or rights under this Security Instrument, Borrower can cure such a default and, if acceleration has occurred, reinstate as provided In Section 19, by causing the action or proceeding'! to be « V-8A(PA) (osoe) Paa,,u of 16 Roan ao39 a9 1101 BK i 958PG2358 dismissed with a ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's Interest in the Property or rights under this Security Instrument. The pro eeds of any award or claim for damages that are attributable to the impairment of Lender's Interest in the Property are hereby assigned and shall be paid to Lender. All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in the order provided for in Section 2. 12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or modification of amortization of the sums secured by this Security Instrument granted by'', Lender to Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Bprrower or any Successors In Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of Borrower. Any forbearance by Leader in exercising any tight or remedy including, without limitation, Lender's acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any right or remedy. 13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that Borrower's obligations and liability shall be joint and several. However, any Borro er who co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-si g this Security Instrument only to mortgage, grant and convey the co-signer's interest in the Property un er the terms of this Security Instrument; (b) is not personally obligated to pay the sums secured by this curity Instrument; and (c) agrees that Lender and any other Borrower can agree to extend, modify, for ear or make any accommodations with regard to the terms of this Security Instrument or the Note with ut the co-signer's consent. Subject to the provisions of Section 18, any Successor in Interest of Borrower who a$sumes Borrower's obligations under this Security Instrument in writing, and is approved by Lender, shall l obtain all of Borrower's rights and benefits under this Security Instrument. Borrower shall not be release from Borrower's obligations and liability under this Security Instrument unless Lender agrees to such rel ase in writing. The covenants and agreements of this Security Instrument shall bind except as provi ed in Section 20) and benefit the successors and assigns of Lender. 14, Loan Charges. Lender may charge Borrower fees for services performed in connection with Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, including, but not limited to, attorn eys' fees, property inspection and valuation fees. In regard to any other fees, the absence of express authority In' his Security Instrument to charge a specific fee to Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited by this Security Iustrument 0r by Applicable Law. If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the interest or other loan charges collected or to be coll ected in connection with the Loan exceled the permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to Borrower. Lender may choose to make this refund by reducing the Aicicipal owed under the Note or by making a direct payment to Borrower. If a refund reduces principall, the reduction will be treated as a partial prepayment without any prepayment charge (whether or !not a prepayment charge is provided for under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. 15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to V-6A(PA) (owe) Page 11 of 16 Form 8039 1101 BKI958PG2359 have been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly requires otherwise. The notice address shall be the Property ';Address unless Borrower has designated a substitute notice address by notice to Lender. Borrower shall romptly notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting Boower's change of address, then Borrower shall only report a change of address through that specified prpcedure. There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be deemed to have been given to Lender until f actually received by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under this Security Instrument. 16. Governing Law; Sevarabilit3, Rules of Construction. This Security Instrument hall be governed by federal law and the law of the jurisdiction in which the Property is located. All ri is and obligations contained in this Security Instrument are subject to any requirements and limita ons of Applicable Law. Applicable Law might explicitly or implicitly allow the parties to agree by con ct or it might be silent, but such silence shall not be construed as a prohibition against agreement by con ract. In the event that any provision or clause of this Security Instrument or the Note conflicts with Ap licable Law, such conflict shall not affect other provisions of this Security Instrument or the Note whic can be given effect without the conflicting provision. As used in this Security Instrument: (a) words of the masculine gender shall mean and include corresponding neuter words or words of the feminine gender; (b) words in the singular shall moan and include the plural and vice versa; and (c) the word "may" gives sole discretion without any oblig tion to take any action. 17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Tnsttrr??mment. 18. Transfer of the Property or a Beneficial Interest in Borrower. As used in this Sec on 18, "Interest in the Property" means any legal or beneficial interest in the Property, including, but not'limited to, those beneficial interests transferred in a bond for deed, contract for deed, installment sales con act or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purch ser. If all or any part of the Property or any Interest in the Property Is sold or transferred (or if B rrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lenders prior written consent, Lender may require immediate payment in full of all sums secured by this ecurity Instrument. However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails !to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted ?y this Security Instrument without further notice or demand on Borrower. 19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower shall have the right to have enforcement of this Security Instrument discontinued at a time prior to the earliest of (a) five days before sale of the Property pursuant to any power of sale cunt ed in this Security Instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a judgment enforcing this Security Instrument. Those conditions are that Borrower: (a) pays Lender all sums which then would be due under this Security Instrument and the Note as If no acceleration had occurred; (b) cures any default of any other covenants or irlna _, , a R V-6A(PA) (oaos) Page 12 of 18 Form 3034 1/01 7 ORI958PG2360 a agreements; (c) pays all expenses Incurred In enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees Incurred for the purpose of protecting Lender's Interest in the Property and rights under this Security Instrument', and (d) takes such action as Lender may reasonably require to assure that Lender's Interest In the Property and rights under this Security Instrument, and Borrower's obligation to pay the sums secured by Us Security Instrument, shall continue unchanged. Lender may require that Borrower pay such reinstatement skims and expenses In one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any such check Is dralvn upon an Institution whose deposits are insured by a federal agency, instrumentality or entity; or (d) E ectronic Funds Transfer: Upon reinstatement by Borrower, this Security Instrument and obligations secure hereby shall remain fully effective as if no acceleration had occurred. However, this right to reinstate shall not apply in the case of acceleration under Section 18. 20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A sale might result in a change In the entity (known as the "Loan Servicer") that', collects Periodic Payments due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this Security Instrument, and Applicable Law. There also fight be one or more changes of the Loan Servicer unrelated to a sale of the Note. If there is a change of tie Loan Servicer, Borrower will be given written notice of the change which will state the name and addr?s of the new Loan Servicer, the address to which payments should be made and any other Information RESPA requires in connection with a notice of transfer of servicing. If the Note Is sold and thereafter the 'Loan Is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and! are not assumed by the Note purchaser unless otherwise provided by the Note purchaser. Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an individual litigant or the member of a class) that arises from the other party's actions pursuant! to this Security Instrument or that alleges that the other party has breached any provision of, or any duty domed by reason of, this Security Instrument, until such Borrower or Lender has notified the other party (wth such notice given in compliance with the requirements of Section 15) of such alleged breach and affo ed the other party hereto a reasonable period after the giving of such notice to take corrective a on. If Applicable Law provides a time period which must elapse before certain action can be taken, at time period will be deemed to be reasonable for purposes of this paragraph. The notice of acceleralon and opportunity to cure given to Borrower pursuant to Section 22 and the notice of acceleration g ven to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and opportunity to take corrective action provisions of this Section 20. 21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal laws and laws of the Jurisdiction where the Property is located that relate to health, safety or environmental protection; (c) "Environmental Cleanup" includes any'rosponse action, remedial action, or removal action, as defined In Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute to, or otherwise trigger an Envirmiental Cleanup. V-6A(PA) p508) Page 13 of 16 Form 30 OKI958PG236I f o Borrower shad not cause or permit the presence, use, disposal, storage, or release of any Hazardous Substances, or threaten to release any Hazardous Substances, on or in the Froperty. Borrower shah not do, nor allow anyone else to do, anything affecting the Property (a) that is In violation of any Environmental Law, (b) which creates an Environmental Condition, or (c) which, due to the presence, use, or rel a of a Hazardous Substance, creates a condition that adversely affects the value of the Property. The cedin? two sentences shall not apply to the ppresence, ttse, or storage on the Property of small ties o Hazardous Substances that are generally recognized to be appropriate to normal residential use$ and to maintenance of the Property (including, but not limited to, hazardous substances in consumer prodl?cts}. Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or other action by any governmental or regulatory agency or private party involving the any Property nd Hazardous Substance or Environmental Law of which Borrower has actual knowledge, any Environmental Condition, including but not limited to, spilling, leaking, discharge, release or fea o release of any Hazardous Substance, and (c) arty condI c caused by the presence, use or rel of a a Hazardous Substance which adversely affects the value of the Property. If Borrower learns, or Is (notified by any governmental or regulatory authority. or arty private p at any removal or other rem diation oP suy Hazardous Substance affecdng the Property is necessary, Borrower shall promptly take all n cessary remedial actions in accordance wIW Environmental Law. Nothing herein shall create any obdg Lion on Lender for an Environmental Cleanup. NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows: 22, Acocleratioa; Rennedias. Condor shall give notice to Borrower prior to acceleration wing Borrower's breach of any covenant ar agreezneat iti this Security Instrument (but not prior to aocaleratiott under Section 18 nnlesa Appliable Law provides otherwise). Lender ahall notify Borrower of, among other things: (a) the default; (b) the action required to cure the dafanit; () when the default must be cared; and () that failure to care the default as specified may r in acceleration of the sums secured by this Security Instrument, foreclosure by.,rydicial pr and sale of the Property. Lender shall further inform Borrower of the right to reinstate after aoce ation and the right to assert in the foreclosure proceeding the non-evidence of a default or an other defense of Borrower to aocele?ratian and foreclosure If the default is not cured as specified, der at its option may require immediate payment in &R of all soma sowed by this 3ecarity In anent without farther demand and may foreclose this Security Instrument by judicial proceodia ender shall be entitled to collect all earpenses incurred in purauin the remedies provided in this S? on 22, including, but not Ihnited to, attorneys' fees and casts of title evidence to the extent per ad by Applicable Law, 23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and the estate conveyed shall terminate and become void. After such occurrence, Lender shall di charge and satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this Security Instrument, but only If the fee is paid to a third party for s`'rvices rendered and the charging of the fee is permitted under Applicable Law. 24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any p ent or future laws providing for stay of execution, extension of time, exemption from attachment, levy ?an sale, and homestead exemption. 25. Reinstatemaeut Period. Borrower's time to reinstate provided In Section 19 shall extend to one hour prior to the commencement of bidding at a sheriff's sale or other sale pursuant to this Security Instrument. 26, Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortga e. 27. Interest Rate After Judgment. Borrower agrees that the Interest rate payable after a iud ent is entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time t time under the Note. u,sma.• 6 r ?. J b2. VdiA(PA) pros) Page 14 or 16 FC1m 3039 1101 OKI958PG2362 s ab , a ? L • L 4 ? J BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security Instrument and in any Rider executed by Borrower and recorded with it. ?Seai) Wes- S ?ROY??__ - Borrower (Seal) -Borrower (Seal) -Borrower MUMARK J. - 4 Seas Borrower (Seal) -Borrower `Seal) -Borrower (SeaQ (Seal) -Borrower -Borrower V-6A(PA) (osoe) Page Is of is Form 3039 1101 8K ! 958PG2363 A -Witness t t L l L ? .t r COMMONWEALTH of PENNSYLVANIA, e Uj Country es: On this, the --so day of Za 0 G. , before me, the undersigned officer, personally appeared LOWELL S ROYER, BARBARA J. ROYER known to me (or satisfactorily proven) to be the person(s) whose name(s) Is/are subscribed to the within instrument and acknowledged that he/she/they executed the same for the purposes herein contained. IN WITNESS WHEREOF, I hereunto set my hand and official seal. My Commission Expires: 1 G t L. ( e9 {Jota+ia?S0a1 Pub tVOtaN A?Q CanaY Mtiempd?T'? X16, 2008 ?gmbet^? Ot tJde ,PeMSY Certificate of Residonc?e ? n {? 6, do hereby certify that the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026. Witness my hand this so day of 0 'IN V-6A(PA) (oso8) Page 16 of 16 Form 3038 1109 O K I 958PG2364 Y S a a MMIT33:T "All LEGAL 13E8CRIPTX0Pj ALL that cextaia • the xcwnship Of Darcel of land and i f Pentasylvania $ Ides--aburg. Count mprovements thereon n ullY describes Bid designated as Paryee° -t Cumberland and C situate in 2989 in C"' n a Deed dated l N19o. 36-35-2?°nmealth ?erlaad April 89 385-055',and more granted and conveyed County in heed and records unto Peggy A. GBook 'Vclume W33 d!April 7, ilsor?; at page 622, 891958PG2365 ! Certify this to be recorded In Cumberland County PA 0 V ?r? e: "" R k-corder of Deeds F?LC^-=.±iTi,,C OF n :., 2009 JJf' 17 Pi I 1: 51 i 7 c,. atc" Ct 62 -7 (-4 I `"Ol. ') a L P57 Sheriffs Office of Cumberland County R Thomas Kline # str }? Edward L Schorpp Sheri Solicitor Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant BAC Home Loans Servicing, LP vs. I Case Number Lowell S. Royer 2009-4140 SHERIFF'S RETURN OF SERVICE 06/25/2009 07:27 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2009 at 1927 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Lowell S. Royer, by making known unto himself personally, defendant at 105 Pin Oak Lane Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. 06/25/2009 07:27 PM - Noah Cline, Deputy Sheriff, who being duly sworn according to law, states that on June 25, 2009 at 1927 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Barbara J. Royer, by making known unto Lowell Royer, husband of defendant at 105 Pin Oak Lane Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $62.00 June 26, 2009 SO ANSWERS, R THOMAS KLINE, SHERIFF Deputy Sheri C= 1 t_t J ?- J? OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Lowell S Royer 105 Pin Oak Lane Shippensbuig, Pennsylvania 17257 BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff v. Lowell S Royer and Barbara J Royer Defendants COURT OF COMMON PLEAS CUMBERLAND COUNTY No. 09-4140 civil NOTICE Pursuant to Rule 236, you are hereby notified that a JUDGMENT has been entered in the above proceeding as indicated below. onotary X Judgment by Default bl'l~~o _ Money Judgment _ Judgment in Replevin _ Judgment for Possession If you have any questions concerning this Judgment, please call McCabe. Weisberg and Conway P.C. at (2151 790-1010. OFFICE OF THE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse Carlisle, Pennsylvania 17013 Prothonotary To: Barbara J Royer 105 Pin Oak Lane Shippensburg, Pennsylvania 17257 BAC Home Loans Servicing, LP flca Countrywide Home Loans Servicing LP COURT OF COMMON PLEAS CUMBERLAND COUNTY Plaintiff v. Lowell S Royer and Barbara J Royer Defendants No. 09-4140 civil NOTICE Pursuant to Rule 236, you are hereby notified that a has been entered in the above proceeding as indicated below. Prothonotary X Judgment by Default _ Money Judgment $t~ j~o _ Judgment in Replevin _ Judgment for Possession If you have any questions concerning this Judgment, please call McCabe, Weisberg and Conwav P.C. at (2151790-1010. McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215)790-1010 BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff Lowell S Royer and Barbara J Royer Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-4140 civil ASSESSMENT OF DAMAGES AND ENTRY OF JUDGMENT TO THE PROTHONOTARY: C~ `c'"~' -.~, ~~ y ~, c __ - ~c~: ~w _ 3~ ~... ca .. _~ ~ c Kindly enter judgment by default in favor of Plaintiff and against Defendants in the above-captioned matter :~ .~ ~t -rr fil ~:. _t~ -~.c ,:- _^.~ for failure to answer Complaint as required by Pennsylvania Rules of Civil Procedure and assess damages as follows: Principal Interest from 06/16/09 to 08/02/10 $ 154,732.06 $ 11,206.40 Total 165,938.46 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff AND NOW, this ~ day of , 2010, Judgment is entered in favor of Plaintiff, BAC Home Loans Servicing, LP flea Countrywide Home Loans Servicing LP, and against Defendants, Lowell S Royer and Barbara J Royer, and damages are assessed in the amount of $165,938.46, plus interest and costs. PROTHON ARY: # l~.oo P p A ~ e~ l l s787 ~~ u~~~ McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, E5QUIItE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP tka Countrywide Home Loans Servicing LP Plaintiff v. Lowell S Royer and Barbara J Royer Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-4140 civil AFFIDAVIT OF NON-MILITARY SERVICE COMMONWEALTH OF PENNSYLVANIA: COUNTY OF CUMBERLAND SS. The undersigned, being duly sworn according to law, deposes and says that the Defendants, Lowell S Royer and Barbara J Royer, are not in the Military or Naval Service of the United States or its Allies, or otherwise within the provisions of the Soldiers' and Sailors' Civil Relief Act of Congress of 1940 as amended; and that the Defendants, Lowell S Royer and Barbara J Royer, are over eighteen (18) years of age, and reside as follows: Lowell S Royer 105 Pin Oak Lane Shippensburg, Pennsylvania 17257 SWORN AND SUBSCRIBED BEFORE ME THIS 2"d DAY OF ugust, 2010 OTARY PUBLI COMMONWEALTH OF PENNSYLVANIA NiDTARIAL SEAL Barbara J. Moyer- Notary Public City of Philadelphia, Philadelphia Courrty MY COMMISSION EXPIRES JAN.12, 2014 Barbara J Royer 105 Pin Oak Lane Shippensburg, Pennsylvania 17257 ~ 'y~ TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP flea Countrywide Home Loans Servicing LP Plaintiff v. Lowell S Royer and Barbara J Royer Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-4140 civil CERTIFICATION The undersigned hereby certifies that he is the attorney for Plaintiff, being duly sworn according to law, deposes and says that he deposited in the United States Mail a letter notifying the Defendants that judgment would be entered against them within ten (10) days from the date of said letter in accordance with Rule 237.5 of the Pennsylvania Rules of Civil Procedure. A copy of said letter is attached hereto and marked as Exhibit "A". SWORN AND SUBSCRIBED BEFORE ME THIS 2`~ DAY OF gust, 2010 TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff OTARY PUBLIC ~~MMQNWEALTH pF pENNSYLVAN•Iq N~T'ARIq Barbara J. Moyer Nota~ EA L OhY of Philadelphia, Phlladelph ai ~b~, MY COMM-SSioN IXPrRES JAN.12, 2014 VERIFICATION The undersigned hereby certifies that he is the attorney for the Plaintiff in the within action and that he is authorized to make this verification and that the foregoing facts are true and correct to the best of his knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. Section 4909 relating to unsworn falsification to authorities. ~~~ ,.TERRENCE J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff OFFICE OF T1-IE PROTHONOTARY COURT OF COMMON PLEAS Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Long Prothonotary July 16, 2009 To: Lowell S Royer 105 Pin Qak Lane Shippensburg, Pennsylvania 17257 BAC 1-lome Loans Servicing, LP flea Countrywide Home Loans Servicing LP vs. Lowell S Royer Barbara J Royer ESQUIRE RG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQUIItE ANDREW L. MARKOWITZ, ESQUIRE NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUDGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE IN DEFAULT BL•C.AIISE 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 AGAMST YOU. UNLESS YOU ACT WITIIIN TEN (10} DAYS FROM THE DATE OF THIS NOTICE, A JUDGMENT MAYBE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAW YER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW, THIS OFFICE CAN PROVIDE YOU WITI{ INFORMATION ABOUT HIRINO A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LA WYER, THIS OFFICE MAY BE ABLE TO PROV IDE YOU WITH INFORMATION ABOUT AGENCIESI'HAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCFA FF:E UR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800}940-9108 ~f2~5~~ lA ~: _, ~~ ~ Cumberland County `'~~~-~ Court of Common Pleas Mz ~, ~ „~.: ~. Number 09-4140 civil NOTIFICACION IMPORTANTE USTED $E ENCUENTRA EN ESTADO UE REBEI.DIA POR NO HABER PRESENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE 0 POR ABOCADO Y POR NO HABER RADICADO POR ESCRITO CON FETE TRIBUNAL SUS DEPENSAS U OBJECiONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR LA ACCION DEBIDA DENTRO DE DIEZ (1 O) DIAS DE LA FECHA DE ES1'A NOTIFICACION, EL TRIBUNAL PODRA, S!N NECESIDAU DE COMPARECER USTED EN CORTE U OBt PREUBA ALGUNA, DICTAR SENTENCIA EN S U CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOCIADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. l"sSTA OFICMA LO PUEDE PROPORClONAR CON INFORMACION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NU PUEDE PROPORCIONAR PARA EMPLEAR UN ABOOADO, GSTA OFICINA PUEDE SER CAPAZ DE PRUPORClONARLO CON INFORMAC[ON ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS EI,EOIBLES EN UN 1{ONORARIO REDUCIDO NI NINOtJN HONORARIO. Cumberland County Bar Association 2 Liberty Avrnue Carlisle, Penns van~a 17013 (800)990' ~f 1 ~~~~~ Att eys r Plaintiff E J. McCABE S. WEISBE OFFICE OF THE PROTHQNOTARY ~-j 2 5 ~" COURT OF COMMON PLEAS y c7 Cumberland County Courthouse, Carlisle, Pennsylvania 17013 Curt Lang Prothonotary July 1 b, 2009 To: Barbara J Royer l OS Pin Oak Lane Shippensburg, Pennsylvania 17257 BAC Home Loans Servicing, LP fka Countrywide Cumberland County Home Loans Servicing LP Court of Common Pleas vs, Lowell S Royer Barbara J Royer Number 09-4140 civil NOTICE, RULE 237.5 NOTICE OF PRAECIPE TO ENTER JUbGMENT BY DEFAULT IMPORTANT NOTICE YOU ARE 1N DEFAULT BECAUSE YOU HAVE FAILED TO ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE TN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. UNLESS YOU ACT WffH1N TEN (10) DAYS FROM TFIE DATE OF THIS N071CE, A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT A HEARING AND YOU MAY LOSE YOUR PROPERTY OR OTHER IMPORTANT RIGHTS. YOU SHOULD "TAKE THIS PAPER TO YOUR LAWYER AT ONCE. 1F YOU DO NOT NA VE A 1,.4 W YER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAW YER, THIS OFFICE MAY BE ABLE TOPROVIDEYOU WITHINFORMATIONABOUTAGENCIESTHATMAYOFFER LEGAL SERVICES TO P,LIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800)990-9108 NOTIFICACION IMPORTANTE LISTED SE ENCUENTRA EN EST'ADO DE REBELDIA POR NO HABER PRE$ENTADO UNA COMPARECENCIA ESCRITA, YA SEA PERSONALMENTE O POR ABOOADO Y POR NO HABER RApiCADO POR F.SCRITO CON ESTB TRIBUNAL SUS DEFENSAS U OBJECIONES A LOS RECLAMOS FORMULADOS EN CONTRA SUYO. AL NO TOMAR 1.A ACCION DEBIDA DENTRO DE DIEZ (10) DIAS DE LA FECHA DE ESTA NOTIFICACION, EL TRIBUNAL PODRA~ SIN NECESIDAp pE COMPARECER USTF,D EN CORTE U 01R PREUBA ALGUNA, DICTAR SENTENCIA EN SU CONTRA Y USTED PODRIA PERDER BIENES U OTROS DERECHOSIMPORTANTES. LISTED LE DEBE TOMAR ESTE PAPEI, A SU ABOGADO INMEDIATAMENTE. Sl USTED NO TIENB A UN ABOGADO, VA A O TELEFONEA LA OFICINA EJCPUSO ABAJO. ESTA OF[CINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN AHOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECF,R LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUC104 NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 TE ~ N ~"J'. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE FRANK DUBIN, ESQY7IRE ANDREW L. MARKOWTTZ, ESQUIRE rya - BAC Home Loans Servicing, LP flea Countrywide Home Loans Servicing LP V. Lowell S Royer and Barbara J Royer CIVIL DIVISION FILE NO.: 09-4140 Civil Civil -?a rn AMOUNT DUE: $165,938.46 <Q INTEREST: from 08/03/10 ? $13,684.17 at $27.28'` ATTY'S COMM.: COSTS: z ::I: -0 t-) --`- Z: ' rJ __4r cj- TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the following described property of the defendant(s) 105 Pin Oak Lane, Shippensburg Pennsylvania 17257 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named garnishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) and all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: August 26, 2011 $ to2?. on CSF 1 S. so tit ?y.0014U a soyK tat. Signature: Print Name: Margare Gairo, Esquire Firm: MCCABE, IS BERG AND CONWAY Address: 123 S. Broad Street, Suite 2080 Philadelphia, PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. 34419 So LL Ch_* !4819a ew Avtoc 7 ul?lv j ???`? McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP flea Countrywide Home Loans Servicing LP Plaintiff V. Lowell S Royer and Barbara J Royer Defendants Attorneys for Plain"' C 1 C; CD y C? ? N ?.' x 4- - -1 -+ C,, ' CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 09-4140 Civil AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 105 Pin Oak Lane, Shippensburg, Pennsylvania 17257, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owners or Reputed Owners Name Address Barbara J Royer 105 Pin Oak Lane Shippensburg, Pennsylvania 17257 Lowell S Royer 105 Pin Oak Lane Shippensburg, Pennsylvania 17257 Name and address of Defendants in the judgment: Name Address Lowell S Royer 105 Pin Oak Lane Shippensburg, Pennsylvania 17257 Barbara J Royer 105 Pin Oak Lane Shippensburg, Pennsylvania 17257 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Citifinancial Inc. 208 S. Conestoga Drive Shippensburg, Pennsylvania 17257 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 105 Pin Oak Lane Shippensburg, Pennsylvania 17257 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriff's Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States 8. Name and address of Attorney of record: Name None P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. August 26, 2011 Margaret Piro, squire DATE Attorney or Plaintiff McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP flea Countrywide Home Loans Servicing LP Plaintiff V. Lowell S Royer and Barbara J Royer Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-4140 Civil m c :xj < "C7 G F ?C N ` AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS COMMONWEALTH OF PENNSYLVANIA: COUNTY OF PHILADELPHIA: SS. The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing addresses of the Defendants are: Lowell S Royer Barbara J Royer 105 Pin Oak Lane 105 Pin Oak Lane Shippensburg, Pennsylvania 17257 Shippensburg, Pennsylvania 17257 SWORN AND SUBS D? BEFO ME TH OF '2011 \ Margaret 'airo, Esquire Attorney for Plaintiff NOTARY PUBLIC U IJMMONWEALTH ?F PENNSYLVANIP f NOTARIAL SEAL Barbara J. Moyer- Notary Public City of Philadelphia, Philadelphia County 1 MY COMMISSION EXPIRES JAN. 12, 2001 4 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Lowell S Royer and Barbara J Royer Number 09-4140 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Lowell S Royer Barbara J Royer 105 Pin Oak Lane 105 Pin Oak Lane Shippensburg, Pennsylvania 17257 Shippensburg, Pennsylvania 17257 fry rY 1 tX7 ?y ;f c.nr W ..,- C o -? ZC ) -t Your house (real estate) at 105 Pin Oak Lane, Shippensburg, Pennsylvania 17257 is scheduled to be sold at Sheriffs Sale on December 7, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $165,938.46 obtained by BAC Home Loans Servicing, LP tka Countrywide Home Loans Servicing LP against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to BAC Home Loans Servicing, LP flea Countrywide Home Loans Servicing LP the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-4140 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, L.P. FKA COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff (s) From LOWELL S. ROYER AND BARBARA J. ROYER (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: $165,938.46 Interest from 8/3/10 $13,684.17 AT $27.28 Atty's Comm: % Atty Paid: $181.00 Plaintiff Paid: Date: 8/30/11 L.L.: $.50 Due Prothy: $2.00 Other Costs: avid D. B Il, Prothonotary By: (Seal) Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ??1?tilll' C{t ?117P7 ?: (•pj??? J!'; x J 14 1 BAC Home Loans Servicing, LP vs. Lowell S. Royer (et al.) Case Number 2009-4140 SHERIFF'S RETURN OF SERVICE 09/30/2011 07:10 PM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 105 Pin Oak Lane, Shippensburg, PA 17257, Cumberland County. 10/06/2011 04:32 PM - Deputy Shawn Gutshall, being duly sworn according to law, attempted service to the Defendant, to wit: Lowell S. Royer at 105 Pin Oak Lane, Shippensburg Township, Shippensburg, PA 17257. The address was found to be vacant. 10/06/2011 04:32 PM - Deputy Shawn Gutshall, being duly sworn according to law, attempted service to the Defendant, to wit: Barbara J. Royer at 105 Pin Oak Lane, Shippensburg Township, Shippensburg, PA 17257. The address was found to be vacant. 10/24/2011 08:45 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be LOWELL ROYER HUSBAND, who accepted as "Adult Person in Charge" for Barbara J. Royer at 332 E. King Street, Shippensburg, PA 17257, Cumberland County. 10/24/2011 08:45 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Lowell S. Royer at 332 E. King Street, Shippensburg, PA 17257, Cumberland County. 12/07/2011 Ronny Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pa. on December 7, 2011 at 10 a.m. He sold the same for the sum of $1.00 to Attorney Terrance McCabe, on behalf of Federal National Mortgage Association at 1900 Market Street, #800, Phildelphia, PA 19103. Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $904.60. 01/12/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. SHERIFF COST: $904.60 SO ANSWERS, January 13, 2012 RON R ANDERSON, SHERIFF . SCE t? pal A% ?f s5l 0'l Se;,tf. Tnco:;oft.".;: /?-? ! / 6,1Z)41 CUMBERLAND LAW JOURNAL Writ No. 2009-4140 Civil BAC Home Loans Servicing, LP VS. Lowell S. Royer Barbara J. Royer Atty.: Terrance McCabe ALL THE FOLLOWING described lot of ground with improvements erected thereon lying and being situate in Shippensburg/Township formerly Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the western side of Pin Oak Lane; thence along Lot No. 1, Section C, and con- tinuing along unmarked lot in Sec- tion C, North 42 degrees 52 minutes West 120 feet to an iron pin; thence along an unmarked lot in Section C, North 47 degrees 8 minutes East 125 feet to an iron pin at Briarcliffe Drive; thence along Briarcliffe Drive, South 42 degrees 52 minutes East 60 feet to an iron pin; thence along a curve to the right having a radius of 25 feet, a distance of 30 feet to an iron pin; thence along Pin Oak Lane along a curve to the right having a radius of 1133 feet, a distance of 110.40 feet to the iron pin at the place of beginning; it being Lot No. 2, Section C, in the Mountain View Addition, surveyed by John Howard McClellan, C.S., dated May, 1963. RB5678 105 Pin Oak Lane, Ship- pensburg, Pennsylvania 17257. BEING THE SAME PREMISES WHICH Peggy A. Gilson, an Indi- vidual by Deed Dated June 30, 2006 and Recorded July 13, 2006 in the Office of the Recorder in and for Cum- berland County in Deed Book 275, Page 3234, granted and conveyed to Lowell S Royer and Barbara J Royer, Husband and Wife, in Fee. TAX MAP PARCEL NUMBER: 36 35 2385 055. 72 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 21, October 28, and November 4, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. C Li Marie Coyne, E rtor SWORN TO AND SUBSCRIBED before me this da of November, 2011 Notary OTARIAL SEA ORAH A COLLINS Notary Public UGH. CUMBERLAND COUNTY FCCARLISLE 2014 ion Expires Apr 28. 20094140 CMI TOM SAC Nothe touts Serifting, LP vs LoweN S. Royer barbers J. Royer Atty: Torr rice McCabe All The Following Described Lot Of Ground With Improvements Erected Thereon Lying And Being Situate In ShippensburgrFm-hip Formerly Southampton Township, Cumberland County, Pennsylvania, Bounded And Described As Follows: Beginning At An Iron Pin On The Western Side Of Pin Oak Lane; Thence AlonglDt No. 1, Section C, And Continuing Along Unmarked Lot In Section C, North 42 Degrees 52 Minutes West 120 Feet To An Iron Pin; Thence Along An Unmarked Lot In Section C, North 47 Degrees 8 Minutes East 125 Feet To An Iron Pin At Briarcliffe Drive; Thence Along Briardiffe Drive, South 42 Degrees 52 Minutes East 60 Feet To An Iron Pin; Thence Along A Curve To The Right Having A Radius Of 25 Feet, A Distance Of 30 Feet To An Iron Pin; Thence Along Pin Oak Lane Along A Curve To The Right Having A Radius Of 1133 Feet, A Distance Of 110.40 Feet To The Iron Pin At The Place Of Beginning; It Being Lot No. 2, Section C, In The Mountain V ew Addition, Surveyed By John Howard Mcclellan, C.S., Dated May, 1963. Rb5678105 F,S? Oak Lane, Shippensburg, Pennsylvania ;7257. Being The Same Premises Which Peggy A. Gilson, An Individual By Deed Dated June 30, 2006 And Recorded July 13, 2006 In The Office Of The Recorder In And For Cumberland County In Deed Book 275, Page 3234, Granted And Conveyed To Lowell S Royer And Barbara J Royer, Husband And Wife, In Fee. Tax Map Parcel Number: 36 35 2385 055 The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Q(Patr10tXfW5 Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by-virtue-and pursuant to a resoiution unanimously passed and adopted severally by the- - stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/21111 10/28/11 11/04/11 November, 2011 A.D. I. WEALTH OF PENNMVWA NataM Seal Sherrie L. Omm, Notary Kkk Lower Paxton Twp., DWJPMn CM*V My CWNnl6 w ExpW Nov. 26, 2015 NUT MEMBER PENNSYLVANIA ASSOCUTION OF Vht 13atriot-Nitmis Now you know P. O. BOX 2265 HARRISBURG, PA 17105 (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, PA 17013 ACCT. # 2260 DUPLICATE BILL 10/21/11 10/28/11 11104111 Of Ad Sheriff Sale 4140 7.72 $12.00 $ 92.64 Sheriff Sale 4140 7.72 $12.00 $ 92.64 Sheriff Sale 4140 7.72 $12.00 $ 92.64 Notary Fee I I i I I 1 1 $5.00 TOTAL DUE FOR THIS SALE: $ 282.92 JLC McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Lowell S Royer and Barbara J Royer Defendants No. 09-4140 civil ASSIGNMENT OF BID AT SHERIFF'S SALE BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP, was the successful bidder at the Sheriffs Sale conducted by the Sheriff of Cumberland County on the 7th day of December, 2011. BAC Home Loans Servicing, LP flea Countrywide Home Loans Servicing LP, hereby assigns its bid for $1.00 and other valuable consideration to Federal National Mortgage Association, without recourse for the property known as 105 Pin Oak Lane, Shippensburg, Pennsylvania 17257. mcyuan, t?squire for Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert. P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Morttgage Association is the grantee the same having been sold to said grantee on the 7 day of December A.D., 2011, under and by virtue of a writ Execution issued on the 30 day of August, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 4140, at the suit of BAC Home Loans Servicing LP f/k/a Countrywide Home Loans Servicing LP against Lowell S. Rover and Barbara J. Rover is duly recorded as Instrument Number 201202273. IN TESTIMONY WHEREOF, I have hereunto set my hand G day of and s al of said office this t A.D. r/ U. A, -A--- Recorder of Deeds ROW & of qkds, CwmbabM CMft Cafte, PA MY CammiWM Expires the Fist Mmdq of Jan. 2014 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor -, ,!° ?r4jl rs, Cti;. iy PEI?N BAC Home Loans Servicing, LP vs. Lowell S. Royer (et al.) Case Number 2009-4140 SHERIFF'S RETURN OF SERVICE 09/30/2011 07:10 PM - Deputy Stephen Bender, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 105 Pin Oak Lane, Shippensburg, PA 17257, Cumberland County. 10/06/2011 04:32 PM - Deputy Shawn Gutshall, being duly sworn according to law, attempted service to the Defendant, to wit: Lowell S. Royer at 105 Pin Oak Lane, Shippensburg Township, Shippensburg, PA 17257. The address was found to be vacant. 10/06/2011 04:32 PM - Deputy Shawn Gutshall, being duly sworn according to law, attempted service to the Defendant, to wit: Barbara J. Royer at 105 Pin Oak Lane, Shippensburg Township, Shippensburg, PA 17257. The address was found to be vacant. 10/24/2011 08:45 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be LOWELL ROYER HUSBAND, who accepted as "Adult Person in Charge" for Barbara J. Royer at 332 E. King Street, Shippensburg, PA 17257, Cumberland County. 10/24/2011 08:45 PM - Deputy Stephen Bender, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Lowell S. Royer at 332 E. King Street, Shippensburg, PA 17257, Cumberland County. 12/07/2011 Ronny Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, Pa. on December 7, 2011 at 10 a.m. He sold the same for the sum of $1.00 to Attorney Terrance McCabe, on behalf of Federal National Mortgage Association at 1900 Market Street, #800, Phildelphia, PA 19103. Federal National Mortgage Association, being the buyer in this execution, paid to the Sheriff the sum of $904.60. 01/12/2012 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states this writ is returned STAYED. SHERIFF COST: $904.60 SO ANSWERS, January 13, 2012 RON R ANDERSON, SHERIFF -Ay o ,CU!? 1 C! ^c. t -7 ????? McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEIS,'iERG, ESQUIRE - ID # 17616 EDWARb D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP Plaintiff v. Lowell S Royer and Barbara J Royer Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 09-4140 Civil AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 105 Pin Oak Lane, Shippensburg, Pennsylvania 17257, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owners or Reputed Owners Name Address Barbara J Royer 105 Pin Oak Lane Shippensburg, Pennsylvania 17257 Lowell S Royer 105 Pin Oak Lane Shippensburg, Pennsylvania 17257 2. Name and address of Defendants in the judgment: Name Address Lowell S Royer 105 Pin Oak Lane Shippensburg, Pennsylvania 17257 Barbara J Royer 105 Pin Oak Lane Shippensburg, Pennsylvania 17257 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein r ' 4. Name and address of the last recorded holder of every mortgage of record: flame Address Plaintiff herein Citifinancial Inc. 208 S. Conestoga Drive Shippensburg, Pennsylvania 17257 5, Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address None 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Address Tenants/Occupants 105 Pin Oak Lane Shippensburg, Pennsylvania 17257 Commonwealth of Pennsylvania Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard Commonwealth of Pennsylvania 110 North 8`h Street Inheritance Tax Office Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania 6th Floor, Strawberry Square Bureau of Individual Tax Department #280601 Inheritance Tax Division Harrisburg, PA 17128 Department of Public Welfare Willow Oak Building TPL Casualty Unit Estate P.O. Box 8486 Recovery Program Harrisburg, PA 17105-8486 PA Department of Revenue Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Commonwealth of Pennsylvania Clearance Support Department 281230 Department of Revenue Bureau of Harrisburg, PA 17128-1230 Compliance ATTN: Sheriffs Sales United States of America Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States Name and address of Attorney of record: Name None P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC; 20530-0001 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. August 26, 2011 Margaret afro, Esquire DATE Attorney or Plaintiff 0'ri :3 G 1 E „? Iijz LEGAL DESCRIPTION y, . ALL THE FOLLOWING DESCRIBED LOT OF GROUND WITH IMPROVEMENTS ERECTED THEREON LYING AND BEING SITUATE IN SHIPPENSBURG/TOWNSHIP FORMERLY SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE WESTERN SIDE OF PIN OAK LANE; THENCE ALONG LOT NO. 1, SECTION C, AND CONTINUING ALONG UNMARKED LOT IN SECTION C, NORTH 42 DEGREES 52 MINUTES WEST 120 FEET TO AN IRON PIN; THENCE ALONG AN UNMARKED LOT IN SECTION C, NORTH 47 DEGREES 8 MINUTES EAST 125 FEET TO AN IRON PIN AT BRIARCLIFFE DRIVE; THENCE ALONG BRIARCLIFFE DRIVE, SOUTH 42 DEGREES 52 MINUTES EAST 60 FEET TO AN IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 25 FEET, A DISTANCE OF 30 FEET TO AN IRON PIN; THENCE ALONG PIN OAK LANE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1 133 FEET, A DISTANCE OF 110.40 FEET TO THE IRON PIN AT THE PLACE OF BEGINNING; IT BEING LOS[' NO. 2, SECTION C, IN THE MOUNTAIN VIEW ADDITION, SURVEYED BY JOHN HOWARD MCCLELLAN, C.S., DATED MAY, 1963. RB5678 105 PIN OAK LANE, SHIPPENSBURG, PENNSYLVANIA 17257. BEING THE SAME PREMISES WHICH PEGGY A. GILSON, AN INDIVIDUAL BY DEED DATED JUNE 30, 2006 AND RECORDED JULY 13, 2006 IN THE OFFICE OF THE RECORDER IN AND FOR CUMBERLAND COUNTY IN DEED BOOK 275, PAGE 3234, GRANTED AND CONVEYED TO LOWELL S ROYER AND BARBARA J ROYER, HUSBAND AND WIFE, IN FEE. TAX MAP PARCEL NUMBER: 36-35-2385-055 MCCA$E, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE - ID #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. McQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LaMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP V. Lowell S Royer and Barbara J Royer Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-4140 Civil NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Lowell S Royer Barbara J Royer 105 Pin Oak Lane 105 Pin Oak Lane Shippensburg, Pennsylvania 17257 Shippensburg, Pennsylvania 17257 Your house (real estate) at 105 Pin Oak Lane, Shippensburg, Pennsylvania 17257 is scheduled to be sold at Sheriffs Sale on December 7, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $165,938.46 obtained by BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: The sale will be canceled if you pay to BAC Home Loans Servicing, LP Ika Countrywide Home Loans Servicing LP the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION ALL THE FOLLOWING DESCRIBED LOT OF GROUND WITH IMPROVEMENTS ERECTED THEREON LYING AND BEING SITUATE IN SHIPPENSBURG/TOWNSHIP FORMERLY SOUTHAMPTON TOWNSHIP, CUMBERLAND COUNTY, PENNSYLVANIA, BOUNDED AND DESCRIBED AS FOLLOWS: BEGINNING AT AN IRON PIN ON THE WESTERN SIDE OF PIN OAK LANE; THENCE ALONG LOT NO. 1, SECTION C, AND CONTINUING ALONG UNMARKED LOT IN SECTION C, NORTH 42 DEGREES 52 MINUTES WEST 120 FEET TO AN IRON PIN; THENCE ALONG AN UNMARKED LOT IN SECTION C, NORTH 47 DEGREES 8 MINUTES EAST 125 FEET TO AN IRON PIN AT BRIARCLIFFE DRIVE; THENCE ALONG BRIARCLIFFE DRIVE, SOUTH 42 DEGREES 52 MINUTES EAST 60 FEET TO AN IRON PIN; THENCE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 25 FEET, A DISTANCE OF 30 FEET TO AN IRON PIN; THENCE ALONG PIN OAK LANE ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 1 133 FEET, A DISTANCE OF 110.40 FEET TO THE IRON PIN AT THE PLACE OF BEGINNING; IT BEING LOT NO. 2, SECTION C, IN THE MOUNTAIN VIEW ADDITION, SURVEYED BY JOHN HOWARD MCCLELLAN, C.S., DATED MAY, 1963. RB5678 105 PIN OAK LANE, SHIPPENSBURG, PENNSYLVANIA 17257. BEING THE SAME PREMISES WHICH PEGGY A. GILSON, AN INDIVIDUAL BY DEED DATED JUNE 30, 2006 AND RECORDED JULY 13, 2006 IN THE OFFICE OF THE RECORDER IN AND FOR CUMBERLAND COUNTY IN DEED BOOK 275, PAGE 3234, GRANTED AND CONVEYED TO LOWELL S ROYER AND BARBARA.) ROYER, HUSBAND AND WIFE, IN FEE. TAX MAP PARCEL NUMBER: 36-35-2385-055 WRIT OF EXECUTION and/or ATTACHMENT - COMMONWEALTH OF PENNSYLVANIA) COUNTY OF-CUMBERLAND) N009-4140 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, L.P. FKA COUNTRYWIDE HOME LOANS SERVICING, L.P. Plaintiff (s) From LOWELL S. ROYER AND BARBARA J. ROYER (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: 8165,938.46 L.L.: 5.50 Interest from 8/3/10 513,684.17 AT $27.28 Atty's Comm: % Due Prothy: $2.00 Atty Paid: 8181.00 Other Costs: Plaintiff Paid: Date: 8/30/11 '?)f) _q Davi . Buell, Prot onotary (Seal) By: Deputy REQUESTING PARTY: Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 TRUE COPY FROM RECORD in Testimony whereof, I here unto set my hand and the seal of said Court at Carlis 2Q 11 This day tFrothonotary ?a,ypwvo r? On August 31, 2011 the Sheriff levied upon the defendant's interest in the real property situated in Shippensburg Township, Cumberland County, PA, Known and numbered as, 105 Pin Oak Lane, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: August 31, 2011 By: Real Estate Coordinator SAO I. it*Darw?trtif C"Sw' 06"* vs *600 ?aiar'1r: P1?ir . J. A*. irlMlfiaA ieCtbr All The Mlo ring Dew Lot :of Ground With Improftema Fleeted Thereon Linn And Odhe Situate Souti;a "dA7 +tSL Cumberland County,- ?-Bounded And Described As Folkrsrs: Beginning At An Iron Pm On The Westeiti Side Of Pin oak tam; Theme Along Lot No. 1, Section C, And Continuing Along Unmaikod Lot In Section C, North 42 Degrees 52 Minutes Weal 12D Feet Tb An Iron Pin; Thence "An Unmarked Lot In Section C, North 47 Degrees 8 Minutes East 125 Feet To Anlion "Pin At BriarMe Drive; Thence Along Driardiffe Drive, South 42 Degre6s 52 Minutes East 60 Feet To An Lot Piti; Theni:e Along A Curve To The Right Halving A Ilwfins Of 25 Feet, A Distow Of 30 Fed lb An Iron Pin; Thence Along Pin tlak Lane Along A Curve To The Right Having A Radius Of 1133 Feet, A Distance Of 110.40 Feet To The Iron Pin At The Place Of Beginning; It Being Lot No. 2, Section C, In The Mountain Yew Addition, Surveyed By John Horvard'Mcclellan, C.S., Dated May, 1963. Rb5678105 No Oak Lane, Sb#ensburg, Pennsylvania 17257. Being The Same Premises Which Peggy A. Gilson, An Individual By Deed Dated June 30, 2006 And Recorded July 13, 2006 In The Office Of The Recorder In And For Cumberland County In Deed Book 275, Page 3234, Granted And Conveyed To Lowell S Royer And Barbara J Royer, Husband And Wife, iii Fee. 'Pan Map Parcel Number: 36 35 2385 055 .k The Patriot-News Co. . '1020 Technology Pkwy Suite 300 techanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE the PNow you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin) ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue land pursuant to a resolution unanimousiy passed and adopted severally by the- stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 10/21/11 10/28/11 11/04/11 oLoovember, ., • Sworn t 0subscribed bef e i is 12011 A.D. Notary Public Cow4oNwEALTH of PENNSYLVANIA Notarial S041 Sherrie L. Owens, Notary Publk Lower Paxton Twp., l)auphln county My CommissW Expires Nov. 26, 2015 MEMBER, PENNSYLVANIA ASSOQATM OF fWAPM CUMBERLAND LAW JOURNAL Writ No. 2009-4140 Civil BAC Home Loans Servicing, LP vs. Lowell S. Royer Barbara J. Royer Atty.: Terrance McCabe ALL THE FOLLOWING described lot of ground with improvements erected thereon lying and being situate in Shippensburg/Township formerly Southampton Township, Cumberland County, Pennsylvania, bounded and described as follows: BEGINNING at an iron pin on the western side of Pin Oak Lane; thence along Lot No. 1, Section C, and con- tinuing along unmarked lot in Sec- tion C, North 42 degrees 52 minutes West 120 feet to an iron pin; thence along an unmarked lot in Section C, North 47 degrees 8 minutes East 125 feet to an iron pin at Briarcliffe Drive; thence along Briarcliffe Drive, South 42 degrees 52 minutes East 60 feet to an iron pin; thence along a curve to the right having a radius of 25 feet, a distance of 30 feet to an iron pin; thence along Pin Oak Lane along a curve to the right having a radius of 1133 feet, a distance of 110.40 feet to the iron pin at the place of beginning; it being Lot No. 2, Section C, in the Mountain View Addition, surveyed by John Howard McClellan, C.S., dated May, 1963. RB5678 105 Pin Oak Lane, Ship- pensburg, Pennsylvania 17257. BEING THE SAME PREMISES WHICH Peggy A. Gilson, an Indi- vidual by Deed Dated June 30, 2006 and Recorded July 13, 2006 in the Office of the Recorder in and for Cum- berland County in Deed Book 275, Page 3234, granted and conveyed to Lowell S Royer and Barbara J Royer, Husband and Wife, in Fee. TAX MAP PARCEL NUMBER: 36 35 2385 055. 72 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: October 21, October 28, and November 4, 2011 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. Li a Marie Coyne, E itor SWORN TO AND SUBSCRIBED before me this 7--4, day of November, 2011 -- Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 " r the Patriot-Xims Now you know P. O. BOX 2265 HARRISBURG, PA 17105 (717) 255-8237 BILL TO: Cumberland County Sheriffs Office Cumberland County Court House Carlisle, FAA 17013 ACCT. # Description DUPLICATE BILL Of Ad 10/21/11 Sheriff Sale 10/28/11 Sheriff Sale 11/04/11 Sheriff Sale Notary Fee 4140 7.72 $12.00 4140 7.72 $12.00 4140 7.72 $12.00 TOTAL DUE FOR THIS SALE: 2260 $ 92.64 $ 92.64 $ 92.64 $5.00 $ 282.92 JLC McCABE, WEISBERG AND CONWAY, P.C. BY: TERR.ENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 HEIDI R. SPIVAK, ESQUIRE -1D #74770 MARISA J. COHEN, ESQUIRE - ID # 87830 KEVIN T. MCQUAIL, ESQUIRE - ID # 307169 CHRISTINE L. GRAHAM, ESQUIRE - ID # 309480 BRIAN T. LAMANNA, ESQUIRE - ID # 310321 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 BAC Home Loans Servicing, LP flea Countrywide Home Loans Servicing LP Plaintiff Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Lowell S Rover and Barbara J Royer Defendants No. 09-4140 civil ASSIGNMENT OF BID AT SHERIFF'S SALE BAC Home Loans Servicing, LP flea Countrywide Home Loans Servicing LP, was the successful bidder at the Sherift's Sale conducted by the Sheriff of Cumberland County on the 7th day of December, 2011. BAC Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP, hereby assigns its bid for $ 1.00 and other valuable consideration to Federal National Mortgage Association, without recourse for the property known as 105 Pin Oak Lane, Shippensburg, Pennsylvania 17257. By: Kevin cQuail, Esquire Attorne far Plaintiff COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ISS: I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that the Sheriff's Deed in which Federal National Mortgage Association is the grantee the same having been sold to said grantee on the 7 day of December A.D., 2011. under and by virtue of a writ Execution issued on the 30 day of Au ust, A.D., 2011, out of the Court of Common Pleas of said County as of Civil Term, 2001) Number 4140, at the suit of BAC Home Loans Servicing LP f/k/a Countrywide Home Loans Serviciny; LP against Lowell S. Royer and Barbara J. Royer is duly recorded as Instrument Number 201202273. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this G _day of Zi? r Recorder of Deeds R Of 4Cumberland Cmity, Caft* PA My commisswn Expires the Frst Monday of Jan. 2014