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HomeMy WebLinkAbout09-6050D SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 ^"ANA ZION, ESQ., ATTORNEY I.D. NO. 87137 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09_605-() CIfeAt vs. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased 1409 Goodyear Road Gardners, PA 17324 DEFENDANT COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. t Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. .t. NOTICIA LE HAN DEMANDADO A LISTED EN LA CORTE. SI USTED QUIERE DEFENDERSE DE ESTAS DEMANDAS EXPUESTAS EN LAS PAGINAS SIGUIENTES, USTED TIENE VIENTE (20) DIAS DE PLAZO AL PARTIR DE LA FECHA DE LA DEMANDA Y LA NOTIFICACION. USTED DEBE PRESENTAR UNA APARIENCIA ESCRITA O EN PERSONA O POR ABOGADO Y ARCHIVAR EN LA CORTE EN FORMA ESCRITA SUS DEFENSAS O SUS OBJECIONES A LAS DEMANDAS EN CONTRA DE SU PERSONA. SEA AVISADO QUE SI USTED NO SE DEFIENDE, LA CORTE TOMARA MEDIDAS Y PUEDE ENTRAR UNA ORDEN CONTRA USTED SIN PREVIO AVISO O NOTIFICACION Y POR CUALQUIER QUEJA O ALIVIO QUE ES PEDIIHI EN LA PETICION DE DEMANDA. USTED PUEDE PERDER DINERO O SUS PROPIEDADES O OTROS DERECHOS IMPORTANTES PARA USTED. LLEVE ESTA DEMANDA A UN ABOGADO INMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN PERSONA O LLAME POR TELEFONO ALA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 DANIELLE BOYLE-EBERSOLE, ESQUIRE, ATTORNEY I.D. NO. 81747 MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09- 66S-6 cw; t vs. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased 1409 Goodyear Road Gardners, PA 17324 DEFENDANT COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff, U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates, the address of which is, 1661 Worthington Road; Suite 100, P.O. Box 24737, West Palm Beach, Florida 33415, brings this action of mortgage foreclosure upon the following cause of action: 1. (a) Parties to Mortgage: Mortgagee: Mortgage Electronic Registration Systems, Inc., as Nominee for WMC Mortgage Corp. Mortgagor(s): Steven L Wilson (b) Date of Mortgage: December 27, 2004 'i (c) Place and Date of Record of Mortgage: Recorder of Deeds Cumberland County Mortgage Book 1892, Page 3800 Date: December 29, 2004 The Mortgage is a matter of public record and is incorporated herein as provided by Pa. R.C.P. No. 1019(g). A true and correct copy of the Mortgage is attached hereto and marked as Exhibit "A" and incorporated herein by reference. (d) Assignments: Assignor: Mortgage Electronic Registration Systems, Inc as nominee for WMC Mortgage Corp. Assignee: U.S. Bank N.A.,in its capacity as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates Date of Assignment: November 5, 2008 Recording Date: November 13, 2008 Instrument No.: 200837062 2. Plaintiff is, therefore, either the original Mortgagee named in the Mortgage, the legal successor in interest to the original Mortgagee, or is the present holder of the mortgage by virtue of the above-described Assignment(s). 3. The real property which is subject to the Mortgage is generally known as 1409 Goodyear Road, Gardners, Pa 17324 and is more specifically described as attached as part of Exhibit "A": 4. Each Mortgagor named in paragraph 1 executed a note as evidence of the debt secured by the Mortgage (the "Note"). A true and correct copy of the Note is attached and marked as Exhibit "B". 5. The name and mailing address of the Defendant is: Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased, 1409 Goodyear Road, Gardners, PA 17324 6. The interest of each individual Defendant is as Mortgagor, Real Owner, or both. And the said Steven L. Wilson died on or about January 22, 2009 thereby vesting title in his Unknown Heirs. 7. The Mortgage is in default because the monthly installments of principal and interest and other charges stated below, all as authorized by the Mortgage, are due as of August 1, 2008 and have not been paid, and upon failure to make such payments when due, the whole of the principal, together with charges specifically itemized below are immediately due and payable. S 8. The following amounts are due as of August 31, 2009: Principal Balance Due $45,976.62 Interest Currently Due and Owing at 8.5% From July 1, 2008 to December 31, 2008 $1,970.64 Interest Currently Due and Owing at 8.25% From January 1, 2009 to June 30, 2009 $1,880.59 Interest Currently Due and Owing at 7.25% From July 1, 2009 to August 31, 2009 $566.06 Late Charges $474.88 Escrow Advances $3,199.03 Appraisal Fees $333.00 Property Inspection $52.50 Suspense/Unapplied Balance ($237.41) Title Search Fees $925.00 Prior Foreclosure Fees $2,293.50 Attorney Fees & Costs of Foreclosure $2,298.83 $59,733.24 9. Interest accrues at a per diem rate of $9.13 each day after August 31, 2009, that the debt remains unpaid, and Plaintiff may incur additional attorneys' fees, as well as other expenses, costs and charges collectible under the Note and Mortgage. 10. The attorneys' fees set forth above are in conformity with the Mortgage documents and Pennsylvania law, and, will be collected in the event of a third party purchaser at Sheriffs sale. If the Mortgage is reinstated prior to the sale, reasonable attorneys' fees will be charged based on work actually performed. 11. This interest rate is subject to adjustment as more fully set forth in the Note and Mortgage. 12. Notice pursuant to the Homeowners' Emergency Mortgage Assistance Act of 1983, 35 P.S. § 1680.402c, et M., was sent to each individual Mortgagor at their mailing address and/or the mortgaged property address by first-class mail and certified mail. Pursuant to the act of December 21, 1998 (P.L. 1248, No. 160) (Act 160), this Notice contains the information required by the act of March 14, 1978 (P.L. 11, No. 6), 41 P. S. Section 403 et seq., and separate Notice of Intention to Foreclose is not required. Copies of the Notice are attached hereto as Exhibit "C". WHEREFORE, Plaintiff respectfully requests that this Court enter judgment in rem in favor of Plaintiff and against Defendant, in the amount set forth in paragraphs 8 and 9, together with interest, attorneys' fees and for other expenses, costs, and charges collectible under the Note and Mortgage and for the foreclosure and sale of the mortgaged premises. SHAPIRO & DeNARDO, LLC Date: Q I a ( I?Q BY: Attorneys for Pl S & D File No. 07-30273 ' U5, I(latst tion Itmab*F, 00-16-01X0-023 R<ltu= To- wle "mom cm. 1 RAMIAM ROAD CR>UIB04tp xr 10962 I?M; (sQ(1rfy m mvzcxs) =;rd Cj 1044 MORSMU CORP. R20 (JIM 1016 10'J!fl 9136T Ea LS, CA ZfEGLER r "D PR 0 F V, !7 F. o r, 411 DEC 23 A?110 9 [Space or eeor te) MORTGAGE DEFINITIONS Loan d: 11011114 6=: ieet3a3001., ,7ssa9 Words used in multiple sections of this doctunent are defined below and other words are defined in Sections 3, 11, 13, 18, 20 and 21. Certain ralta regarding the usage of words used in this documem am also provided in Section 16. (A) "Smrity Inatrnmt V means this dotxmrent.whdch is dated pa.emaber 77, 2004 tDgaher with AD [td M to this docuwent. (8) " Sorrows`" Is SWAM L RZLtICW Bmmwcr is dw mortgagor under this Security Instrument. (C) e%UW is Mortgage 1Beeomeie Registration System, Inc. MFM is a separate t90Watime that i6 acting rolely as a notaiox for Lmiider and Gender's succpsm and sselgas. NOM Is the noripgeo under this SCcuriq lasshuaaimt. 14IBRS is organized act existing under the laws of De4wm and hat so address and telepbone ouenkm ofPA Box 7074 Pilot. MI 48501-2M6. tel. (888) 679-MGRS. (D) "Leader" is WAC NDRxo m< cmty. Under is a cowrauon organized aid a msdag vn4= the lava Of CUUMM Leader's address is P-o. ]lead[ 54089, 7419 i?>lpillt", CIL 90034-0009 POtTS MAMA-Sindc AroAy-P-MJA M¦ OWdk Mao t1PttlPOlt>1d IN9Mf)ht%W M sum 3frt9 t//1 WFW.Vm Oirmnm (Page 1 olispata) BK 1892PG38.()8 tut VAZ' mnu &e p vmiwrynote signed by Emowu sad dated Do sawbor 17,1729004 T'be Note stsons that Borrower owes Lander rorty-Ught Thouamd And 00/i00 Dbllaea (U.S. S 48, 000.00 ) plus insam Bonower has posed to pay this debt in regular Periodic Payments and to pay the debt is fall not later than asnsary 1, 2095 (F) 'TrOptrty" means the panperty that is descdbed below under the heading 'Transfer of Rights in the RWOM." (G) "Loan" means the debt evidenced by the Note, plus interest, any propayrnent charges and late charges dne under the Noce, and all sums due under this Security bmmozead, plus wo"t. (lln "RideW stenos all Riders to this Security b=mont that are executed by Borrower. The following Riders no to be meacuted by Bocxouter (check box as applicable]: p Adf Datable sate Rader Q Carrdondniam Rader Q Sooand Rome Ruler t? Ballow Rider [J pleoned Unit Development Rider Q Biwseltay Payment adder ? 1-4 Family Rider 0 Otha{s) (specify] M "Appdcable L w, meatus sil controlling applicable federal, state and local statutes, cogttlstium, Mlittancea sod admin Wative roles and orders (that have the effect of law) n AvQ Al all applicable seal, non-appealable judicial opinions. (J) "CaMcWty Asaodatiux Dues, Fees, and AssammC tts" meatus all dw o, fccs, asscasurarts and other charges that are imposed on Somowtr or the Property by a coodoo?iniam association, homeowners association of Gindiar a wmization. _ "llectrMic Fundr_1'tandee' maaue._any UMfec_of finale. 4dID_i'.tiM A 1><t .by_chock. dean, or ataaWc popes matruWeat, which if w iatod Wltragll on docconic ft-Wad, talepbodc Wit, conaptt a r, or magnetic We so as to ordm instruct, or su ftmiu a financial ift6 tutleae to debit ortuedit an account. Such tame includes, but is Dot (incited to, paint_of--sate transfers, autordMd telte r machine transactions, transfers Initiated by tdephonc, wixt unaffers, sad automated clawinghmme transfers. (L,) 4hf,`pier+ow ItamP meavo theac items that arc dwgibod in Section I (1417 M%edkM&M Pkeceeda" means any cragetsation, settl anent, award of damages, anti proceeds paid by any third pasty (60= to instsanee proceeds paid under the coverages daeaibed In Sadden 5) lbr: (i) damage to. of deatuali0a of, the i'roperW, (ti) condemnaton or other taking of all or any part of the Pmvperry; (it) toonvoyanee in lieu of condemnation; or (iv) mWeprevmutions of, or ornisdaaa as to, the value ta,d/or emilidon of the property. 04) "DRoat s ben rsnea" moans iusaaattoc tteeee fttiatg Lender against rite ucapsymeat of, or Walt on, the Loan. (O) "Pterlwdk Paymme ==a the regularly scheduled amount due for (I) principal and Interest under rho Note, plus (H) any amount under Section 3 of this Seemtity Instrunaant. (P) "VWA" means the tics! PataM Seulcman Pn=dot't'S Art (12 U S.C. $25111 ct atsq.) and Its impiemendng r+eg issim RVAstion X (24 C.F.R. Pact MM), = they might be smarted Noma time to tiara, of any addidonQ or NOCO 9m leg elation or rognlatiM that Vvem the same wbJee mater. As used is Ibis Seemly Inm enett, "RESPAa refers to all rngtmsowuts and tesalcdoas flue = hmposed in mgard to a "sederauy related mortgage lose" even ff the Lam don tat gnalify as a'Yederally, related moatgsge loan" under RBSSPA. (()) "Stsocessior In 1ntwrW of Borrower" meatus any parry that has W= tide to the Property, whether or not that party has c oumd Borrawo,'a oblige um uodar the Now and?or this Security InaG' nwht. TRANSM OF lUGHTS IN THE PROPERTY This Soverity insmaoeat secmts to Lender. Q) the r guymtent of the Loan, and all renewals, extensions and moatieadons of the Note; and ell) rho pcrformauee of B=wef's covenau and agrcemettts under this Secxffity InattumeA sad the Now Pot this pvtpoee, Borrower does hereby mortgage, grant and convey to MFRS (solely as tn'?h QW,aTLYANM-8in& Family-£atmk MwVt sddk beat t)1QJBOM 1NSiIVbtM Fans 3" Lim soa?vrs es/27lx04 (P4gr2efUmtet) SK i 892PG380 Z 1 11087884 110871151 nomism for Lender and L.cuder's aaocrosets and aadpa) and to the tmoeessm mid atmfgns of MM U the follovAng dactibed property located in tho COW= of Cu meant flip y?y (Type of Recording Maddction) (Name of ltacotding Ju is bcdon) A8 sXldxaxT 1 Z(V ATTU Mo till WO AND XAM A PART IMUSCM AM )I MW which cmrendy has tlao addrM of 1409 SOt7CaYRU IiMD (Si =] QA#bNKM [ChY] ' Pcrtasylvenaa 1(32 del CTWPerry Addtras"}_ TOGETHER WrM all tho bnprorcmmtts now or hmafter erected on the property, and all easements, appu tentmcea, and &tore& now or hereafter a part of the prop wty_ AA replacemezu ad additions abal] also be coveted by this Soctuity Inatau=nt. All of the foregoing is referred to in this security hwaument as des "Property." BOaruwa uud&[ taads and ag ur, that b=S bolds only legal title to the fnterew gtattted h Borrower in this Security fnatamuent, but, if moesauy to comply with law or custom, MERS (as nomtnee for londar ttrnl L coda's sutxpsma and saetgns) Ira: the right to egeras4.my g11_of the_.in?re?a, tnelxwdiag,.hut - - nvfliitnted't4; tfib ii __ tQ ilOr+ecJ16'1 and Kdl the and to take action tttgt rogttiled of IJeadrr including, but trot firnrted to, raiesu g and eaneding thin Security data. BORROWER COVENANTS that Borrower is lawfully aeiacd of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Prvgcsty is uncucunrbcrod, except for en=jty r:= of record. Borrower waaltiuta and will defend generally the title to the property against all elaittu and demands, subject to any ancumbwe" of record. THIS SECURITY INSTRUMENT combings uniform covenants for national use and nonuniform eavenanta with limited variations by jt rizill don to constitatc a uniform 80CMity instrument coveting real property. UNIFORM Cq'VFd A- S. Bu.rp-,-zr and Lead= cur errant and agree ass follows: 1. Payawt of Prfntipal, literal, 4 crow bman, Ptepwpaseo; Cbargts, and Late Chacga. Bw rowc, tthaU pay when due rite prin dpat of and interest on, the debt evidenced by the Neva mad any per paym"t chatga and late charges due under the Notes Bonn= shall also pay tbnds for Escrow items pursuant to Section 3. Payments due under the No and this Seetuity Iratkwmw shall be made in V.S. However, if any check or other iustaumeat received by Lamle r as payment under the Now or Min BewA* tru1ww to r6huned to I-esidpr Vap d4 Linder taay regtaitt that any a all auhaegom p11ylppnto dato reader ft Note and thin Security Inat ument be made in one or more of the Mooing fbtm., an neleoW by Lanier; (11) cW4 (b) money otft; (c) eerdfled dwJr. beak dick uea limes etaecla or eameea t heck, pranlided my snob chock is &ewn upon an iwfiw6an whose depoaita rte Ift-ed by a fedand mercy, man;%untstity, or entity; or (d) Sectrouie tads Transfer. Paymeata are dea wA received by Landet whets nunived at Ilse loemtivn dorlgt"oe the Note or at such odw location as any be designated by Lmder to attxordtaxe with the notice parovfaiees Iti Section 15. Lrdw may teMM any paymsmt Or Pafdot payment if the Pmyuttcnt or PUCW pttymerq are in11od[lttient to bring the Loan cw=L Lander may accept any Payment Or partial payment iaamf x ient to bring rho Lour cwtent, without waiver of may riglns hereunder or pttjudicc to its rlgltts to reabse such payment or partial payments in the fumes, but PtfNN5YLVANU-,Wn9kRmtly-lranm4+Madt+?+.WleMaeUPWOIIee P'VMXMtV?T Potts"tm =A!tft Eur7I- (Page9pf14pgatl M I892PG3802 •, 110a7N4 ISe6718e Leader is not obligated to apply each payments at the thne such payments am accepted. ff each ptaio& Payment is applied ae of its sohedaleod duo dam, than Lt ode Hood not pay interest on oupplied lands. Ireadet may hold mwfi aospplied theca until Borrower mates payment to bring the Lon wrteat. If Borrower does not do so within a reasonable period of tirm Lander shall tdthor apply atop tbndm of I I ' I them to Baercraari. If not applied =get, inch ibuda will be applied to the 9vowaft paaalpal balance raider the Note Immediately prior to fonaosore. No offset or claim which Bovowtrr migM have now or in the fdat against Leader mill rtlleve Borrower from mating payments dire under she Neu and this Security Ittaa =t or pinioning ttte covenant' and 4mments mcurod by thin Secudty Instrument 3. AppOntlon or PwMw*tb or PrviceedR Except as otherwise described is this Section 2, all payments accepted and applied by Leader shall be applied to the fallowing order of priority. (a) intent due wider the None; (b) principal duo under the Note; (c) amounts true under Section 3. Such pgn=ts shall be applied to each Periodic payment in the order in wMch it became doe. Any temsinieg amounts shall ha applied first to late charges, wmad to anyother amounts due under this Sea t, Inaramea4 and 11M to reduce thepriardpri balsm of the Note. N Leader reoeiiver a payment h m Borrower for a deGogueot P'edodit: Payment whieb includes a gwTwextt owant to pay any lame chraga due, the psymmr may be applied to doe delinquent paymaetu and the J.ste charge. If more than on* Periodic Payment is outsandiag Leader may spply any PaYmeat received from Bawww to the repayment of the Periodic Payraatta If, and to tiro earxat that, each payment can be paid is dill. To the axtent that say axceas exists artist tba peyowd is applied to the M psymat of awe or mare Periodic Payments, much acess may be applied to any late clwpa be. voluntary pfgwpmata shall be applied firs! W any prepayment dwrgos and than as doecribed In the Now. Any application of prime nts. insurance procank or Misoel6maous Proceeds to principal due under he Note shall not attend or postpone the due dasc4 or dmp da amount, of the Psriodc payments. -?i?sforiRsaow-Items? Borrower slui}ptrf?-L-.cads on-tire day Periodic-papessnts-aredue-uad?sr the Notes unit do Note is paid in fall, a staa (the "Pands'9 to provide fee payment of amomts due for, (s) Mutes and assessments and ottmr items which can attain priority over this Security losttvmeot as a lien or encumbrance on the hvpmty; (b) Ica"bold paymem or Smond rents on the Property, if any; (c) p+aoitans Ear any and all bicurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or ariy sums payable by Borrower to Lender in Gnu of the payment of Mortgage lusuream premiums in accordance with the pmvisious of Sco don 10. These hears are called " Saerow h m." At origination or at airy dare diving the tam of ttte Loan, Lender may regaue that Community Association Duero, Feet. and AaEaltinMU. if any. be escrowed by Borrower, and such dues, fees and aeseesmah a strait be as Boo" Item. Bmmvmr shall pronvtly famish to Lender all tanner of amounts to be paid under that Section. Btnrower shill pay Lender the Funds for Ha mw Items wdeas tender waives Borrower's obligation to psy the Attmds for toy or all Bsom Items. Lender may waive borrower's obligation to pay to Lender Punch for any or all Escrow tunas at wry times Any a rob waiver may only be in writing. in the event of such waiver, Borrower dA pay thready, when and where payable, the amounts due for any Escrow Items for. which payment of Ands bas been valved by Leader and. if Lon6w mgaltem, shall. furnish to Lender receipts ovidamAng such payment vidtin arch tinto period at Leader may requite. Borrower's obligation to make such payments and to provide moot" shall for all purposes be. devowd to be a coven ent sad agreenuat contained in this Security IAMMMent, as the phrase "covessat and ayeamew is used in Section 9. If Boaowix is obligated to pay Eserow ire= directly, pgrowt In it weiva, and Botwwer fills m pay the rmWlan due for an Escrow Itant, Lender may exercise its rights under Section 9 sad pay such smomat and Borrower than Oren be obligued under Section 9 to voM to tread= any etch smount Leader may invoke the waiver u to any or all Escrow Items at any bane by a notice given in Ammimm with Section 15 and, upon sacb revoeacion. Borrower ahan pay to Leader an Mundt„ and in such amotmtk that ate tban n gatred order Ohio Section 3. Lsahdar may. at any char, codex and bold Panda in as ama d (a) aufltDim to pcvrdt Lc der to apply the Prods at the time, spwWvd ander RIISPA, and (b) not to exceed the wont amount a Wader can regn z under RESPA. Lander shall eatbeate the aata w of Pants do op rho bads of e:mim data and reasonable estimates of expenditures of lhtare Bs=ow Items or otbermu in accudanoe with Applicable Law. hit WMVAMA.-Sing%Fndly-nnnkUuN d*SMIeUNQOBMDMVUM " Farm 3439LOt 9=.v m *$MfM' (PcV 4 yjrl pW*) flu I892PG3803 M 11017194 11047464 The Rands shall be held in an bitddtdon whose deposits in insured by a fedmil agomy, inxtnmMollity. or on tty (indagng ISM, if lander is an km t dm whoss deposits am to hwur* or is any Federal Mcanc Loon Bask. Lender shall apply the Fund; to pay the Bsemw items no Iota Most the time specified under RFSPA. Leader "not cbwp Borrow floor fielding and applying the Parris, a stavoUy analyzing the wmuw account, to verifying the EMMW Yams, mdau Lender Ms Borrower interest on Me Fonds and AAppb'canbk Law perndts Carder to make arch a charge. Unless an agroeu ant is made in *fft or Applics6k Law regains interest to be paid an the Pads, Lender shall not be rcq*od w pay Bartow any interest or comings on rho Farads. Borrowty sad Latdet can agree in wfiting, however. than iaobereat shell be paid on the FWr,. I to dog give to Bormwa, without cherge, m annual ateeotmtiag of the Pmtds u rogvbW by MPA. If there is a surplus of Funds held in eaaow, as defined tinder RESPA. Lender shall u ount to Botmwer for the excess %nds in socordanca with RESPA. If chore is a shortage of Pads bold in caorow, as defined under RMA, Leader s1ta11 notify Borrows as regabsd by RMA. and Borrower sholi pay to Leader the amount cecessafy to make up the shortap in accotdaaw with RESPA, but in no am dm 12 moody payments. It there is a deficiency of Funds held in ewrow. as defined under RESPA, Lender aW notify Borrower as required by RMA, and Borrower atoll pay to Larder rho amount necessary to make up the deffasa ey is accordance with RESPA,, but its no mote that 12 monthly payouts. UPon Paymatt in fnH of all Burns seaufed by this Secta'ity Init tffrMt, Lender shaU Promptly refond to Bormwa Bay Fandt bold by Lender. 4. Mwrgea; Liens. Borrower shall pay all uaxew, aeseasmcnts, cbargas, Cast, and impositions attributable to six P"""71 n priority Duce this Security Inetfunxnt, Ieasehnid payments or ground rests on the Propercy, icomn?mdty Aasac4atieaa t)oea, Foot, aunt Asaeaanhea>o, if any. To the extent that these items are ?rsw Itaas:, Harrower spat pay Hneoo its ebe mtuo><r provided ht 3ectiea 3. ___.-Boruroaver-strati-Promptly-diecbs?-anY-li'mrwhich-}tsy ?ni'tsrih' gust this Sretndty_laent_unlec Harrows: (a) agraea in writing m lice paym®t of the abtigadtm ,retard by the Hen in a tnaomrnr acceptable to Lander, but wanly sa long u Borrower is padarrrdng such agrttasent; (b) contents the Ik a is good faith by, or defpads ergs. eaforaemtmt of the lieu h1. legal proceedings which in L et[da's opinion operate to prevent the cnforcerneut of the lien while tbose proceedings are peuddhtg, brat only until such pro medings are concluded; or (c) attires from the holder of the L'en an agraem sirt n ddautory to Loader subordinating the Ilea to this Security Instrument. If Lender datesmines that any plat of the PraWty is subject to a Hen which can attain priority over this Security butc t, lends may love Borrower a vadoe idesstfft (he 1kn. Within 10 days of to date on which dust notice is given, Betro*ft "I toddy the Had or trine one or more of the actions set forth abaft m this Section. 4. Lender may require Borrowers to pay a onbarne cbwp for a real estate tax venfiendon mWor reporting service used by Lender in conneW an with this Loan. S. Properly Insurance. Borioww shall keep the improvements now existing or he adkr erected on the Property insured against leer by fire, hazards Waded within the term "extended coverage," and any other humds in dltrdicS but not limited to, cmdugualxs and floods, ibr wlticb leader regWmo laxwonce. This inautenoe that be maintained is the amounts (including dedurch'ble (eves) and for the periods that Lender regok=. What Los pur t? eltoaen change during the tam of the Loan. lie insnlaaee Carrier providing ? not insurance ba? >n+by Bmwm nder m to Lenders right to disapprove borrower's choice, which right tauoobly I e may require Bonower to pay, in connection witb this Lem, either. (a) a one-time charge for flood none dettmun:Hen, catiflcati0n and ttyddasg aer%=; or (b) n ones time charge for flood un dem*tadoa and centfica ion onvicea and enbocgnem charges each time ro appings or adMar cbanget ow u winch reasonably mISM street tic h determination or catti6seation. Borrower shall else be responsible ibr the payment of any ties 1t71pwOd by the Federd Emergency Management Agency in connotdon with the review of any Good zone detextaludon relating fimm an objwAoo by Borrow. If Botmwer Wls to maintain a" of Me camas, described AM Lender .stay obtain bmuravice eoverogo, at Lender's option and Horrowtes mtpttnae. Under is unit no obUgation to puubase say particular type or amount of coverage. Tberofare, such tovmW shall cover Lender, but might or mlgbl not protest borrower, Borrower's equity in the Property, or the contents of the Ptoptety, against any rim hazard or liability PENKSYLVAMA-Mu&Finailr-ft AMsWrd&MfUWOIMuWMUMYT Foe3MIffil pWVM "47/sued lpare5ofl4pgter). DK ! 892PG.3804 U9879" 110575" and m SM provide greater w lesser coverage than was previously in a ftm Borrower admViedies dust the cost of am Mun= coverage ao o mma might gWnfi a * ttcoad tau coat of man -that Rasrewer mold have obtained. Any uWants disbursed by Leader undet did Section 5 sball became additional debt of Bomwa sswvred by this SeGmty Imm=neab These am m a " bear interest at din Note rape frvr9 the Am of diabtsamtaot sad dMI be p yabto, with nub bt rug, up= notice from L ender w Dwown lbgresftS payment All 1Btusanes policies required by Lauder and renewals of arnb policin AMR be Muted tv Lendces not to diaappoove 511dt polidea. shoo iadade a standard accov dmsc. and .ball new Deader to »rortgagoe and/or u an additional loss paym. Larder " ba'?e the: right m hold the pOieim and renewed OvOcates. If Lender requires, Banoacr abaft promptlybive to Loafer all mm" of paid puma ms and renwd notices. H liomwer obtains any form of interface oatuaga. not Odiervrlse fogWred by Larder, for damage to, a 4044=00 sari hire ArOpeny, sorb policy shall hlcslode a standard mattgage CUM rod ,ball =W Lender u mesh sedlot as net additional loss payee. In the evetrt af toes, Bastawa r abaft oft pmmpt noaex to the iasnwom aurier amd braider. Lander may tmwm proof of toes if not made prntnpdy by Basraatra. LW= [,carder and Bosrvwer oftr"lae agree in writing, any immance b=ra, er11odor or not the mtderlydng iaaaanee war regnired by Lander, 111AU be applied to raetafati0n a rgHdr of the Property. if the restoration a fePW IS WOUMeacliy feasible toad I.cmda's aounity is not lessened. Daring ash repair sad rssscratlan pair 4 Lender :hilt bare: the dgltt to Mid Well htsuraaco ptoctxdt omit Lender Me had m OPpOtnality m ilk" am0h ft WW to mom's: the work has be w completed to L=dces.udaf"on. provided drat torch lmrpeadou dmU be wnd&W m Prnmpptly. [snider may distraw lames far the repairs and restoration in a single payment or in a sales of progress payments as d* work is completed. Ualoss sa agttsemeunt is made in writing cr Applicable law requires Went to be paid on such insurance proceeds, drill not be fagdmd to pay Borrower sty 7mtared or earnings an 511011 proceeds, Fees for Public 4&vW& c adldr_iht d ardes, tmAbzd by Ductower 511.11 not be pad out of rho lausuaooe prooeads and " be rho suit ubltgatiom Of BMW ?tt+e tatai?tion a cytas is In ecoaoatdcIIly f5s580-mar's eocvcity weredd be lswatted, hire MMzMoe psaoedls shalt be applied to the muss to mred by ibis Sorority I 4 whether of not thou due. with the ettccae, it any, pad to Borrower. Such insrruft proceeds shall be applied in the order provided for in Se ctica 2. if Bouquet abandons the I raWty. !.ender may file, negotiate and ,sure any avaiW)k inwrapee claim and rebated Moors. If Bcarvwer door cot respatd witbin 34 days to a notice born Lender shat the inauranee:e C aria bat offered to wattle a Ci ft theca Lender !nay ltngedM mild settle the cbd a The 30,6ay Period WM begin who the noire is given. In eddlet svaat, err if !L=der aCgydrva duo Property 11adef Seadan 22 or odnerwiw, Borrower hereby aadgas to Lfxedar (s) Boa comer, rig* to arty inowunee pcocbeds tti an msam not to eJtCOEd die atnottnrs unpaid under the Note or this Ssctrity bWMMM ad (b) iam my aWier ll fm B amtx or's r!" (01 her m the right to any roe i - 4 of 1,, 11 mod Peemism? paid by likorrover) Pt , utsefat to such dou we applietble to the covers o of the Propem. Lander may use the insurance: l dtbx so tgusir or MM W rust Property or to pay eeoouets Unpaid under sire Nude or this Security inaftwnoat, whether eat' not tlten due_ 6. Ocxa am. BesanwW shill occupy, ptpbtieb, and sae do Property as Borrower's principal residence wid" 60 days sullen tin &Tandoe of Ms Secerity I011umtrA and MmIl eo atime to o0o11py the I'rop0rty as Borrower's ptinew mddtmca for at least oar par after the dada of ocatpmCy, U*U Lands utbervvlae agree, iu wxdwd . which owusact shtdt sat be wwenu bly withheld, or unless exlenuaCmg cltai11naaM42 adst vWch are beyond Baatiawerr"s etomtroL 7. Psanumidam, btabdenance As" Psvlawliasr vt 06 Properq - 1FAgM etiaaa. Bcrrritver d a not destroy, danratp of it"& to Ptvpetty, show the Property to 40W*sam or 0vssaoit waste an the Prvpaq. Whedw or mat Barnowea is residing in the t'topaty, BOCrowa airs!! aaai oan the PMPWty in Wder to present! lire {? err deceeasiog ?a taiga doer ro tt5 aaadldoa. Unksa it is desea11i11ed pttaattant err 9e0non 5 tiro teilwe ae? act eamoadc>diS+iieea?b:. $aroaot s1aaS pct7tmPdy ?? y ? ?6ed ? avoid fafrbw deterioration or damage. If iowranee or eondeonanon ptacetadaa tae lW In comeatm will, damage to, of the talan$ of, the Property. Barocvvar dO be responsible far repairing or n%" d" Pruptaty only if Lander has mieawd proceeds is sorb p»sPOecs Leader diabusse proaeed5 #or thee c+epars and restaration iu a single payment or i* a series of progress p5yarects as the work is t:en;p VU . If the inturstme or sandmmdoa P?pBe1??rp1M?t{UMA-SSryOFIMnY-1!Nmk101001 adikMWUNWOM11109TKUhMn Form 3W VD1 6,WpJ.{.vW sale+lw6r IA W 6 e/'I4r ,10 Sit 1892PG3$05 e. ISM7044 ue011114 ptOooedr sae W SkKMOieat to repair or ret4ae the Property. Borrower is m relieved of Bmmwees obligation for br- coeopWiM of loch repair or restoration. Trader or its agent any maim teasouable entries upon ad inspections of the ?runt, if it bas nwoneble aawe. Letnler mq inspect the interior pf the Impmwasmts on the Propa1y, a endnt shall Shre Bo m err notice at the time of err peior to such m interior ?g Saab reaeoaabio case- & Datiewes°a Leaan A.ppftohn. Borrower dt=M v:e if, dw td flea Leave application process, Borrower or any persons err endtint acting at the Olkagm of Burowe r at wM Ratatowet's kttuwledp at conent garn maudel Wee. nelsleaating, err iaaatt4rate iafesmatiem or ststestieft to Lauder (or failed to provide tender with material uanxtanuom) in connection with rho Loan. Material repo upon itaadtede, but am not limited to, ran' ow eonomnfag Barrowex'a occupancy of the Property a Bacroww's. raadaaGe. 9. Prat"m of LaAWs hureat In tin Pbepearty wed Rights Under 06 Smeseft totem a ut, If (a) Bturoom fails to perform the covenant and agreements comaltacd is this Seeaulyt tasorwastri. (b) Ilan is it legal ps dlRg that might sigaf y wee: i endWs interest in the Property nadbr rights uadcr We Security Itasaaabmt (ataa& as a proove ft in ha"M probate, for condemeadon or fas*ft ne, fnr eaferoaneaat of a lien wbieb may attain priority aver this Saxmrriq or to mfemx !soon or tegoledo w), or (a.) 5MOAM bas sb4ndooed tbs Fsopotty. then Land= uaay do and pay for whatavtx is reasonable or a to pwwa Lender's imtereac in the Pro" and iigbw under Ibis Security Insnmtwitt, ist?ditag proao? assessing the vdm of the PMpeny, and sectwing mdkr nepW&S the Property. Leardanr's does can W v& but are not lWted ter: (a) paying any earns stained by a ban which has priority over this Security instrument (b) appearing in cocoa: and (a) payer rexranable setoreeya' fees to ptaeec its interest in dw Property stadfot tights under this Security including IN wcured position in a betkraptcy proceeding. Securing the Peoper;v ioclmda, but is not ]united to, earning the Property to mAkv rCPWM dump locl4 MOB= or Ooetd tip doers cad wi ndawa, drain water from pipes, alimrinabe bmitidiag o[ dlarr coda6 vler7ntiont nr daagetao ooaditkas, end have utilitip corned em ere act: AllOoaath Leander as 'an-IurSsChao-9;-lrender?t uorfiava-to-do rw p?,tiis nofiindQ ?y ?nry nr o?i'igu?on io do so. ?t is toreed brat Latch inetrssn Llabality foe not caning mayor ail action aanbndsed aaula dds Secdoa 9. Any amattnts disbwsed by tender ender this Section 9 shall become additional debt of Horrowet aecured by this Security Ina area L TIwe anoamts shall bast interest at the Note nut from the date of disbursement and sball be paysbk, Ath such lntcmit, upon notice from Landes to Borrower mquesting payaaeatL If this Security Instrument is ou a kasdWK Bormwcrr"comply with all the provisions of the lease. Dome ahaq sot tutrmde r the leaehald estate ad i it aew bmw axwoyed at taminaee or amed the ground lase. Boruwa shat cwt, without the express; wriuen ceasamat Isoeier, alter err amead the go and lease,, if Rome r acquires fee title to the Fsnpeety. "he sewd cad the foe d9k *A at mergeWest Lander t?[eea to that t, I I is veidag. 14L Iawtcsttoa if Teat . mq dred Mortpge ltasurance as a arndition of tnabng the Loan, Borrower Abau pay prersdwA required to t adtam the MeePga Immtaa= in. aflit'.m ff. for any reason. the Mortgage Insapmce coverage required by Leader atom to be aveolahle h m the mortgage: iasnew that previously pnavidad each ins and fiotYvv w was rrgoi vd w mats separately designated paymaats toward Ow prezubw for 19w% W hw&anee, Batr mw chill pay the praminaaa required to obtain covesw substantially egt VIII tt bo the Mortgage IrIestaiM paaev ----- tot at a Cost subwardally equivalent to the cost to Borrowat of the MCSt®aige Gnteaasce prevlotidy in dvb&. from as ahacaaa swagep fiasQar selected by Landes. the t substantially e* vmIM Myr?gags Immsacs coverage is not avoWs, Borruwar &W continue to pay to Lacks Y dtaisuded that wvm due when the lmwramoe covemp comed to be in ditt, tattier will aamep4 use and retain Iheee tymew se a non rofimd" Mass teearve in Jka of Moatgigo bwxonoe. Such loess team shall be nonat(imdable, octwkbKmdq the fist that the Lena is ultimately paid in fall, and Leader atoll not be ro9i k lito pay Bocrower sty intermet or Owatop oa sock low n aerim Leader can no iongor wFkt loss reserve papWents if blarlpilt; 1SIn Mee CaWErage On the ataouat and for dkC period that Lender rte) by an legume Mlby Leader agate be avanlieblq im obtained, amd Lauder rngeiabs aepar dstraoed patymmem haraaard the premian for Wkc% a howance. It Leader tagmrod Me>t4W Iaattaoee *a a =radition pf teddag die Loan and i3w ww was Mquited to aft sepasatdy de dgttated paymatta toward the prend m e for Mtartgege Insurance, Rotrower shall pay de peaaiarma requa ad to nraUntain Nottgage [nst eet=p+o idea atrtatmdbble lose reserve, mstd Leader's rogoimineat for "th any vmtun aga>eampent between Borrower and Lander prm+idtng for PSdUQ nVAtVMA--Siagit Fseuty-reads MwFr*Qk Mae LM ON IIYS7RIAtt M tam 3039 iAR nbmmo +7v+a eeM/aur t 7e/l4pwreal BK 18 9,2 PG 38'06. s 7a accrues tooniastion or until termination is rtnpdmd by Applicable Law. Nothing in thin Section 1 o afft c a Borrower's obUSNka to pity inonat at dw rate provided in the Notes adottamse h"Waox trlmbttraes Leadw (or my entity that p the Note) for Cartel ]ones it tray incot if Bon*ww does not repay the Loan as spa d. Boomwcr is not a parry to 6e Moz%pr fnanaoee. Mateags insw rs mduts ibdr motel rkk on dl web Iowa= to farces from obaa to dies, and stay erwer into agreements wNh other parties diet share or modify *dr risk or radars Insaea. Thtwa apeesee M see of coma read conditions that are saWutay to the utdApp !comer and tin other party (err peQGee) to dm sgraomrms. Thee zVOWWW may require the naaWF inatetr' to make paymesrta oft any sea= of funds that dw mortgage insurer may have available (which mW include funds obtained ?t atadtar hinomm • any cp eanwm, any As a malt of thane aperom% Lender, any p mbaers of other eon , or any Maw of my of the famping, may receive (directly er ) siao?mts tutu derive from (ordwiew tfzed a) a poifum of Bmoterr's payments for Mortgage Itannmea, in esobanaa for d istbt or modiqlaS the mortgage WMV W s chair. Of MbCiog loaaea. ff amch stpzemcat provides drat m 1411 ate of Latrdtr talaca s abate of the hoomes risk in c>cbmga On a abate of tiw premdous paid to the insarat, the ss asmncnt is often termed "e Vd" rehsorsa ¦ Fodban. (m) Any mom mprsta nb wD not afted the amomets that Borrower bit asr$W to pity far MorlpSc Itiassrmmtat, ear oar t 1bW ttarrma of on f oars. 8tteh wM cwt Increase the mmoent Borrower will owe fir bi<ortgise 1"Wranoa, ad tbay wW not aati9e sarroom m troy nfhmL (b) Any such mgn memts will mot aided the rifihts BwTwwor but - if any - whh rapt to the Mortimga LaseRaam tamdsar Os Bessauwa n Pndmdm Act of 1998 or smy adies law.'lheae rights may ittdwk the rW to at eefve emt im disdasmres, to regnsat amt obtabt caaWkNUm of do bbr%W inamriu m, to Gave then JA S a, Imam'mee tandmded awkwadenpy, =dew is twidt a t+r%W of my - 11, dent or Annodumism Precook I+'otf imm All Ma us l't*WMU are hereby assigned to and sball be paid to Lauder. If the Property is dgemood, such Nbeellane ous proceeds shell be applied to mdtceation or repair of the Property, if the restoration or repair is economically feasible and Lender's Watrity is not lessened. During such repair and rratoradon padod. Lariat sball have the right to bold such NscalLneotts Proceed, until l endcr hm bad am oppoenmity to inspect sorb Prapeny to enion the watt has beet oompkted to l,eodetr'a satisfaction, provided that arch iaepection d" be ttmdertalten promptly. Lender may pay for the repairs and matoraflon in a single d *ursonvot or in a aeries of proms payments as the wash is oompioted. TMen an weement is made in writing or Applicsbis LAw mgWm Interest to be paid on cosh Miacellamm Proceeds. Leader shalt not be regWmd to pry Botrotaaer my Interest or omztkp on such b sneaus Proceeds. If the tasaotatioa gr rqw is not cconon oeaUy Sea+uz'ble tx L3mdaes secvrdy would be laawmed, the Miaeellatteow Ptaeeeda 9" be appile d to the ram aeeena 1 by this Stvinity taarmmos4 mhcdw or not thm due, with the aces, if any, paid to Bot vwa. Such Misorsanem Proceeds shall be applied in the cedar fa+owidod ft in Section Z. bit des everm of a total arWsng, datriso tan, or loss in value of the Property, the Mracallrteous Proceeds aball be appihad to the no iwartd by rids Security lnNnmnont. whetter or not On doe, wide the eccam If any, paid to t3cat vw. t» drs event of a partial uWn& deoradon, or lass in value of the Property in which the fair market valta of the Pnpwty immediately before the partial taking, daauvetim or Was in vahas Is aural to tat fig' than the amount of doe mms )seamed by ads Boom to larmumc imtvedlaaely bofam dx pastiest taldag, destruction, or lase m vahm, Wen Harrower and Lanier otherwise sgeee in writbtg, the soma se eared by this Sw rity itwaruteent shall be reduced by the arsoamI of the Niisodlemeous hoax* saattipiiod by do following fro *aw (a) the total smmra dthe alms woum d betoao the partial taking, daomcdam, odors in YAW divided by (b) the fair 01111 at Vebte - - Ptaperta inntoeditreely bedaa+e the pmnW aMng, destraW n, at lass in vaien. Any b"cc shall be paid to Bonuvmr. to rho event of a paatid pidong, dt snWo% or loss in vsk a of the Prop" in which the fair market value of the Nquaty innextia dy bafm the partial baiting, dads ation, or loss is value is toss tbaa, tho amotoet of the FEMUMAMA-ri"leF m1h,-F n %Madt?r MW MactJfrUU MNU RalMENT Fot=AW Un °a '?•v,s... ea/err/stet (Par a q/l4rgas+) BK 1892PG3807" 110978a4 33067tta06 awns aecured 2MkIndiately before the partial W=& destruction, or lots in value, nnless DQUOwetr and Lender ot11erwiat agar is writing, 1115 ibUNOCItaneous prooeads s11e1t be applied to the sums secured by this Security Insenmtamt whether or not tree mm art than, due. If the Property is obandeoed by Btatum. or if, after notice by Lender to b mwer that the opposing Parry (as defined is the nett scatme) offers to maize as award to settle a claim for damages, Borrower faih to respond to Ender wtthia 30 days ante the data do notice is given, LOndrr is autholirad to coped and apply the bfiscellanectis Probads either to nesexatkar or repair of the Property or to flea sums seooueed by this So=ty Inatrsmerit, whedhen or not rhea den. "opposing Party" means ft third party first owes Batmwer b iseallaneom Proceeds or due pity apainot whom Borrower be a right of action in regard to l iscallumm proceeds. Bummer did be i!o debult if any anion at proexedfag, whether civil or criminal, is btgm that, in L.eUde?s )adgntsot, coonld resnk is forfdttue of the Prnpecty or outer atwtesial iceprirmeut of I -don'3 We= in the Pmparty cr rights tsooier odds Sacasiry feudtaaer?t Barravrr can eoro sts11 a deffalt and, if scaderation has occrUted. reinstate u provided m SexxWa 19, by eagsioas she scaler or pQOOeodingg to be diaml¦ed with a rating that, in i 5nder'a jodg?t, pascUtdes forfatuta of its lpropaty err other material impalratshtt of Lendees interest in the Property a! nlgltta radar Wee SeerQity InstrWnent. The proe5eda of say gaud cc dice for dtmadcs tlaet are attributable to the imprptrn?t of Leaadar's interest b the ]?raperty art lureby adgmod and stg f be paid to LaW& All the order psovided ! fa W Section fbr I oaocSeda 2the are act applied W rraUta ardor or re pair of the Property shad be applied in . It 8a miner Not Releasedt Farbsomce By l wjw Not a wtdrer, Bxteauion of the tiare far payment or modification of action of the awns secured by We Security ]nap Uaaw granted by l eKiet to Borrower or arty Successor Id hatest of Borrower stall not operate to release the liability of Roarower or any 5uccaaaas b law ft of Borrower. Lender shall not be required to commence ptoceedipp spwat any Successor let I>ir C "? to z tb t3d flmie ps r a3t dr chrome mho fy won -a7ft eoaia se m d by this Seemity Inn mem by to of any demand wade by the Bar'-- ur arty $uceeasors in Interest of Borrower. Any fotboaaumx by lords In exercising any right or mtnedy including, witbout limitation. Leadet'd acceptance of payments from third persons, entities or 5uccetaors in Interest Of Borrower or in smoonta teas than the a&*= then due, shall not be s waiver of at preclude the exercise of any right or remedy. 13. Jaiat toad Several 1.i*Mty; Ca4fgwni Saccesaors and Au *m 8oaod. Borrower covensum and agrees that Soma r'a obl4ptiom and liability shat] be joint and several. However, any Barroom who co-signs this Security h aftement but does not execute tits Nate (a "coadgnen: (it) is oo-ciping tha Security instrument only to mongage. Scant std c= W the co-rdgner's Interest in tea Property mrdea the tams of dtie Security inaatmMU (b) is not personally obligated to pay the am secured by this 3e:ceaity Instrumept; and (o) agrees than Lender and my omer Horrowa co agree to atttend, modify, fwbear or make any a commodatiou with regard to the teams of this Security Imwmcnt or the Noce witboot the c" per's consent: Subject to the provisions of Settion 18, any Soocawor In Intereat of aorrower who aa"ma Borrower's obliVOOM Uncles this iftUity Ianxru rt in writing, and is approved by Landes, shari obtain all of Borrower's rights, and bwaft Under this Scl;vnW Laetrumn uL Borrower ahdl not be released fiv m Borrowa's dWigations and liability us& this Sanity hw mmest adm Leader agrees to such release In wrddop. The covenants and sgreemeus of fhb Swm* Amument aW bind (except as provided in Sectfotr 20) and bwat the successxs and aasigas of Leader. 14. 1Lonr C3VUWs. Lender may charge Borrower fees far services perfm ned in ommection with blotrowo % d cba% for the parpose of proteetiur Lender's interest in flee Ploparty sad rights raider this Security Instrument, inda dleg, but not limited to, amm ya' fees, property inspection and valmrtim fees. is regard to sky other Leos, the absmice of expnsa authority In d6 Seoattty Indrptaeat to dwV a spedfic be to Borrower Shari not be conalnud as a pwbdbi m an the dwS4 of inch foe. Leader may net charge fees did are cTreagy prop lbited by this Security iwartament or by ?tpptlcabk Lszw If the Loan is anbjM to a law winch sab Oxtimam loan charges, and that law is finally lntarpreted so that the iratea5at at atltitt tan cberps eolleetad or t0 be collected in connection with the Loan tgueed the PemdW limits, than: (a) arty such lose charge shall be reduced by flap amount necaeery to redact ilhc charge to PStd' YfLVAraA-&h& FAmIly-raaak btaennYedl Use tlrrtteozaaldt A+UlAMrtCNY' PUM U Sr vn o°W.vs mm12eor (POor9,ya4poar4 BK 1892PG3809 uos78u the permitted limit: and (b) MY acme *0* unhorsed f m Borrower which exceeded 7patmtted limits will be raflmded to Bmv%w. Lender rosy choose to mina this mfunci by attduclmd the psfmcipd owed Dada the Note or by maldag a Ow paymatt to Bamwatt If a WMad reduces prioolpal, the tedocdon *ea'il be tested as a partial P t whhatt. ROY pse q-mt dhatge Nbether or not a+ p qmp m chmp is pwvlded for carder the Note). BOMWWS nee of my encb refund made by direct paynamt to Bomowa will coned rte a waiver of any tight of W;dan Bornowsr might haver arising out of sunk Watcharge. 19. N>tilcsa. All ootiooa Siven by Bornmw at Lander in connection with this Security hmbuu ant must be in vzWmg. Any notice to Bom wtK in eonvectlem *ft dds SecWty Insnomemt shell be deemed to bave born given to Boetnwer when tradled by first dues mail or when soxatly delivered to $arower'a notice address if sent by other means. Notice to any one Botrowar ahdl constitute notice to all Borroven uniew Applicable Law expready rwl*es othawhse. The notice addneas shall be rho Property Addtasc unkss Hotrower has dedgmted a sttbetitute notice address by notice to Leader. Borrow shall prsmpdy no* Lgsdet of Borrower's chauSc of midrees. If fan dtx gwtfBes a ptocedute for >t pcrdtfg Sonowar's change of address, then Bonowa shall only report a charge of address thromgh that speai5ed proeedoro. Time may be only one designated notice address under this Seeceity kwoummr at any amt times Any notice to lemdar nha11 be jim by delkwind b or by atOul it by first clam mills to Leader'a ad&= stated bet-du unless Loft Yes deWpated sadhv address by nodoe to Borrower. Any note in connection with this Security hatrtua m shall ad be deemed to Its" beau Stwm to [A=den until aetuavy received by IXmader. If a" eodoe requited by drier Scoatity b ettumant is also taquired mnder Applicable Law, the Applicable Law requitement will eaeisfj due corresponding rojadtemcm w4ar this Seatdty Instrument. 1& Governing lAwi Sevatnft; ft" of Cmuhneff m. This Security Instramem shall be govcmed by federal law mad the law of the fudad(cdon in YA&I the Ptopmty is located. All ridbts and obligations centwhcd in this Sammy InkmMent acs subject to any amts sed Hatitatiota of Applicable Law. Applicable IAw WSW-axtpUdt?%ce implicitly a>Iaw Ms-pd D-rpee by eoattact or ;t t+d- be-Acm-bursnrlY at= Awl tot be consumd as a ptol"On &vim sgtxasut by ottntntet In ft event that any provision or clause of this Semxky Instrument or the Note conflicts with Appliaibla Lsw, such canelet .bail not affect other M oviaions of this Security Instrument or the Note. which can be given effect witimm there conflicting pwvidm As rued in this Sonority botr=mt; (a) words of the ms m*w gender shaD meat and include cwrr lag neuter words or wards of the hmww Sender, (b) wotda in the singular WWII anew and include the plural and via va a; and (e) the word -MW gives sole discretion willwat any oMlge iau to take any action, 17. BestrowWs Copy. Bonower sbdi be given an copy of tie Note end at this Security butrurnaat M Th=Mnr of firer Property W M Dlidkbd 1- 11111 1 ha 8oitaft arc As used in this Sidon 19. ' Interest in the Property" am* my ]trash or btseeftaai inomm in the Property, inns a ft, but not litched to, those beneficial intseeata traeufeaed in a bend for decd, coottuct for Hood. IneWhocut mkt omehat or awtow aBmemont the intent of winch b the thunder of title by Sonowet at a firturs data to a pun*wer. If ail of any part of the JPxoperty or any btuv at in the PtgWW is sold or t angfennd (or if Bormvicr is not a natural person and a bow5tial it wrm in Borrower is sold or tranArted) witbm Lxtdar's prior written consent, La xkr may require itnnaediate payment in fall of ail stem weaned by this Security Iuan ownt. However, this option As# not be exercrsod by I? if wok exasise is prohibited by Applicable law. If Lander tateatises dtis option, Leader " give Borrower notice of acceleration. The notice shall provide a period of riot lees than 30 days from-the date the notice is Sian in aaamlanax with Sadion 13 -id" which Bo°OW °dnt pay all sua m wMaud try this Saem'igr tutmaatt If Borrower fish to pay these trims prior to the ot-216 tt of this period, L order my involte any remadiea paamitted by dtis Security Inenttouent without ft*" notice at danand am Borrower. 19 BurrowWo iii to ltsimbsp After Aaxlentilsn. If Sormwar meets certain mtdttknas, Borrower shall have the right to have enli mttteet of &a Steasity litstrm ant disoomdnuw at any than prior to tiro earliest of., (a) five deya befoso ask of the Pcope ty Punt to my popper of ads a ntaesed in flds Sawrity bout aenr (b) aneh other petiod as Applicable Law might specify for the t naksdon of>lomwe 's right to reinstate; of (c) entry of a )ndpwat emfotiing this Security betntmaoL Thm conditions are that Borrower: (a) pays Gender ail sums w" then would be due mrdw this Soaurity hammusat turd the Note as if no aooelieration bad oecucrad; (h) e'RxNN9YLVAl?IIA-SimgleNsmtiy earwleMae reBdlaMaallNa^OIWtIIrBTItLfl1t$M Fewa30MMI (PAPJCe1)1a1aaNh !c MAA?Vta "0'27/M" DK 1892PG3809 11927264 13087024 emus any defatelt of my other covenants or agrtrmst (O) PON all WPM= Wwrod m ealb9dag this Security Insm ant, inclodbag, but not limited to, reasomMe attorrtrya' fen, ptapeltty LLU? at v6vation, fees, and other fees iotste and for the putpoae of pwreedng Legtdar's mum in duo Property and dour tinder this Security Insmmnetett and (d) twm sueb wdmc as Leader may mum&* nom to asrtwre that Leader's Intaea in the Property and rights mdnr this Sectidty bm=mk and D rotrer's obligation b pt4' Ste am secured by this 5eeurity baatrmoamc, shall cxJ r&ue uoicha Wd. Leader my legume dent Emu- pry such mhw=n=t sums and WT mm in an err m t of du, mowing ftme, as aeleeted by Leader: (hO rah; (b) money arder; (o) certified check, bank ao* treaaOrees check or cxtddet's check, provided ally sash abeek is drawn upon an iaatitution whose depoda are insured by a lbdtral ageory. insttttthmttilitY Or mdty; Or (d) Electronic Itlueds Transfer. Upon mmtatemant by Bwsrower. *k Smaity Iostmummt and OWVtk mt awed hereby shalt tannin Pally effective as if no weeleratinn had ooeaated. nowtveq risk right to mmatate shell not apply in the am of aeedwlfm under Section 19- a Sala ed Note; ? at Loan Su-* w, Nadee of Griewma 6 TM Note at a partid interew in the Note (together Stith ddn Security Imetrwaent) ear be sold our or mote timer widnot ldff nodes to Borrower. A sale might mmat in a change in the entity (Imowtt W the "Loan SeMcftr") that CONSOLS Patiodic PagrOedm dnt umdet the Note and this Smaity b mtrtumat and pertititora other mortgage tome sevWng obligations under the Note, this Security Instcwnent. and AWbc" Ltw Tb- also might be one or mm changes of the Loon serviccr mmasted to a ate of the Note. If dws is a d mgt of the Loot Savicer. Ba tma will be Shen written nonce of the change V&Cb WM spite the name and address of the now Lem Sarviear. tilt add"= to which payments should be mate and any other ittfonmdon RWA ftgmirm in tcentobOR with a notice of transfer of servicing. If the Note is add and tbtreafter tW Low is serviced by a Loan SeMcer other than the PmVImser of the Note, the mextgege loan servicing obligations to Borrow will rtes des with the Lou Servitor or be treaafared to a succam rLoaa Sevhrx and are ant awned by duo Note pwaimer emkaa o6mrwise p ffMad try the Note purchaser. - -- -.-- ----- - Nwither Borrower not-Lm&i imq ter ta??1>1ad m _my 7URCW- action (era er-im - individwl Hdgaot or rite mm*Ier of a do") aliens ti do other party's actions pummm to Ws Security Instrument or that alleges that the other patty bas breached any pmvislon of. or any duty owed by reason of, this Swmity Instrument, uvA such Borrower err Leader bas to i8ed Or other perry (with such notice given in compliance vntb ttu requireumb of Section IS) of such alleged breach and afforded the odder party hereto a nasamwbic period after the giving of such do" to take cmy*Wvt w ho i. If Applicabie Law provides a tithe period which arm elapse before ca man action oar be Wkm that brae period will be deemed to be reasonable for purposes of Ws paragraph. The notice of accdaatiae and Oppormaky to cm given to Borrower pursuant to Section 22 tad the mW of aeeelmadan Oven to Baaowee pu men! to Section 18 shall be deemed to satisfy the notice and ?to baba corrective #a m pt+DvWm of this Section 2t). Ut 9absomes. As used in this Section 21: (a) "Hwardaus ,Subromea" am those substances defined as toxic or hazardous :abate, pro I I Nis. or vao tB by Envizaarnoetal Law and the following subswwm: gmtoline, bausens, other fimmmbk or tonic peto1 products. ? ro) ?baWkides , volatile aowents,, matows emntmuim aabama or fans IdWde, Laud' means foderyl laws and laws o the Jgi#adWm tt bW the Ptoparty is located do relane to health, safely or cavironmes w psoaxomt (c) "Hwdrot d Cletmmma nmponsa action, reeve" actim or ramovat acdon, as defined in Enmikounco al Law; and (4) aa' SwItoatnental condidoa" mum a oondidoa that can cause, contribute to, or odmn4me trijow an Baviroameotal Clem p. Borrower am not tames or Poona Ste preszaca, use, disposal. storage, or release of say Harardoas Subamcca, at theater to release my p umilms gd*mmea, an or in the Property. Borrower shall eat do, not allow anyone else to do, sayftg affecting the PmpuV (a) that is in viotation of any Environmental Law, (b) whicb creams an Bavarmu mW Condition. at (c) w" doe to the pramce, den, or ukase of a Hazardous Smbdmee, creates a eaaidlt m drat odmmrmdy affects the valve of the Ptopaty. The p meding quo sentences &all not apply to due prasem, use, or docap an the Pmpaty of muffi gaamtides of Ilaztadoos Subanmoa that am generally rempiwd to be opproptiara to normal residential urea and to ra dnw mm of the Property (including. but not limiters to. hazardous substances in consmmtr pmodmu)• kt.NMrB=YI.VAPtIA«SinatcPamuY-t?efmkMtNFrtiddltIMaevN>ZORM AN8r9ttiMdNt Yon 3W INa l WWlrra 91VA7/20" (Pdrr)lgfltpar") BK 18%2-PG 3 810 s4 11as7824 11e17104 Borrower aberi pronPdy give Lender writtat NOW of (a) any iewttatiptlan, claim, dea und. lawsuit or other acdom by MY Be.' or regulaM 4807 sx Pdv= Patty iavolvM the Pmperty snd my Humdous Subtaaca or BmviroaesmW Lpivv of vrbich Borrower has eared lmawledae, (b) say l;ov;roMMW Camotlom, incWns bat not lindled to. any apMg, leaidD& d4dwgM rebme at a na of rd am of My Hmadaus Subetanee, trod (c) piny oeq&dm comW by the pseseoee, teas or rebm of q Hnudmas Sir how which she nely affecto die vah m of the Property. WRotmwer lean r, at Is madfied by my govemmmW m reSdttuy authority, or my Privm PWY, dui 07 r=WM mr other rem"" M Of mty Bel athm Sn6ttmm ofttdag die Pmp" is neCarrrcy, BUMWC'r" POMP* trios aU ueatamry temrtW Wd= in accordamoe with Bmviroamesul Lsw. Naddtts hecctin dull crew any ditmdom am Larder air an Bmvirmm mina Cltrottp. XON-UNW01M COVENANT& Borrow and Latch sm i oovcmat mad ogee as follows: 72. Accdetwlea; Rmsadip. I.endter eve ttnlioo to Barnwer prior bo aoedssypiaa fmilvwia8 Borrow s brefth d mq a "eaoat er otpeetueat IR tlltia i Itasiraeset (brit to t pwbr to OW&Vaiiau nndsr i?ectlao 1i ferias Lnr paw?idea tilKewhK)b I.enier tdttdl tsri? Bbrsrwar d, ,awes other titiap: (a) the &hef (b) So tegmbed to mre as (e) wbm the d dha trust be erred{ mad (d) that faAort to cm the deetaft err opmeffled pry remit hs aooteeaatdso CC Ms sure M=ud by this ? of by ?Idd 1 01.00 co ty d rob at the ft"". L mdew ,lull ftrrdter am BW 410 d& t dtdimit of art? ? the dOK to amrrt ht the hndor m h If the dstalt the a Atoof rot cored a y aftw ddawe d $astrevrer to noodaasest end ftrndoeom ltd, LmA& at ft *pow tray reyptre bmmadimte, pq mmt in %C of an saaar aeaacd by U& lSmMly Ir okmamt wiWoat fliriber ddrumd ad my fbredere this Seoadty Irtrtraaaeat hr Jadte4al prat eeslft Ltnier A" be etttitleti to ewer e.0 ettpe rsea ioreasted in ptserW Wn reernedla pradied b this tioelioa A Ine adhpt, but but NWtW to, attoreeyt' het Rmd amm of title svhleaee measoteetpaadtte&by-A:ppliptbitlFrr -, 23. )R,dene, t%mperymemt of ell rums st mmA by t4is Sacmily lammmeat, this Seewity Iastmmout and the estate conveyed shall teradnate and tern cc void. Atttar ruck oc: mmcr. Lender shall discharge and satid? this Security Im mmmat. Borrnwa shall pay arty rmmlkfi= coati. Uader may, charge liormwer a fee for reU*Ang this Security Instrument. but only if the fee is paid to a thirrt party for setviecs rendamd and the ckisrging ;d' taw ;fee is permitted a0der Applimbie law. 24. Wsdvuz- Borrowtx, to tfte that pa mw4ed by AMH=We Low, waive sad rakases any etym or ddects in procoodlup to emftttre Wx Seot"I=nm mt, opitd hereby Waives the benfit of say prcmw w futures isws Favid>ag fbr guy of cmcutdoa, exundon of tithe, mrempdon from attschmeK levy and sale. and homestead exotuption. 25. Iteism4tbammt 1Porlod. BMMW 's time to rabstete peotide d is Seadom 19 ahdl caked to out bout prior to the e0ammencemm ofbiddias at a d iff a solo or otba sale ptasuant to rids Sectafty Imstramemt. X Past brae Mm q Mort"L If any of the debt scm-ed by this Secttrity imsuturtent is lent to Borrower to acquit- titto to the ftVerty, drier Saeority jAmman< shall be a purchase money mortgages PftlWnvA"U-aWWPa*o -FmzhNawftotftMaeUHwt)tilttaN mumRiVY farm"Im :yra cam/mew fPasel2,jfl4pysut BK 1892PG381 I 11 074 27. boareat hate Auer Jod?*t. Bormwet a that the ineare t file P7a? 31a a??}s?taftm a ja rt ,s !? ente and on the Note or in sm action of mortgage foreclosure shall be the rare payable fawn time to time under the Note. BY SKR4NG BELOW, Borrower aempm satd agrees to the temaa and oovennats oontained in this Security instrument and in any Rider executed by Borrower and recorded with it, L 4.. /2o?/ey - bbrramW - a3414M L WZZG0N - Late - kr ? TA+iSS : ??? PzNN9YLVAm-&a& num1Y-Faaale MsdvndullaMae UtWOBMRICMUMENT Four 30M 1/61 oa Mmits euruaoo, (Page 134f)4 PAW) BK1892PG3812 L iso07na [*IMBelow Tbk Lhw For AdWwwlulVwmtj IM7$94 oIRIMtOtealElt of o 01 E L On this the A 777f day of Wtl'WSM, 290,1 , bekn roe, a It d 940-40N the undem!Vxd offiar, personally $PPd ??VEN L,- q/1 L Tp N known to me * sstiafectotily proven) to be the person(s) whose name /5 subscnbed to the within insmanent and aolmowledged that 49- exeeuted the same for the o poses therein emmined, In witaeaa whereof I h=anto set try band and offw&l excl. NOTAMALMA&L ?d ,?sr Q 4.1 CHAS DrWI1MON, NOTARY PUBLIC TWO of Offi?? CRT OF UVVA$T@Ft, uWVAM COUMV M COMMOO PiliE M;!r 2006 My Coountssion Etpires: CERTIFICATE OF RESMENCE, l do hereby certify that the correct address of the within-named lender is 6320 tJttmtar& i?VzWM IOTB YL OWLROM), W0002 420 SILL9, CA .91367 wiMm sty bond tta 27th day of Doc¦mber, 2004 , -,p "--2 Agent of Leader P?ZKN VANU -sloale F=iiy-Funk MoNnd&M*e tt?l?'oifl?I trsg7'ItultstEW tram Sao Loi MM U 0"Alts. pSp 14 0114pgesr O{ 1892PG38 13 Title No_ 17862 SCHEDULE C LEGAL DESCRIPTION ALL THAT CERTAIN piece, parcel or tract of land, situate, lying and being in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded, limited and described as follows, to wit BOUNDED on the West by property now of formerly of Robert Barbour,, on the South by propety now or formerly of the Estate of Faster Rockey; -on the East by property now or formerly of Howard Starner, and on the North by property now or formerly of Earl King; having a width on the North and South ends of 100 feet, more or less, and extending in depth on the West aide of 550 feet, more or less, and on the East side 575 feet, more or lim. and being Improved with a frame house known and numbered as R.D. No. 2, Box 1428, Gardners, Pennsyhranla 17324. B EING THE SAME PREMISES which Grayson P. Showers, widow, by Deed dated November 3,199x, and recorded November 9, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Peongylvanla in Record Book 130, Page 1136, granted and conveyed unto Lena M. Wilson, Grantor herein, her heirs and assigns. AND THE SAID Zam M. Wilson h2s since married and is now known as Zena M. Keys. AND THE SAID ScottA. Keys, husband of Zena M. Keys, joins in this peed waiving all of his right, titki, and Interest in or to the he4ndescribed property. UNDER AND SUBJECT TO an Easement Agreement dated August 28, i89S and recorded Novernber6,1995 in Record Book 507, Page 837. to be recorded ;.-rllz;c;dand County pA `??\\,,111111 // Recorder of Deeds ON x-8'92FIG 3R-U4 4. ADJUSTABLE RATE NOTE (6-Mona LIBOR Index - Rote Cape) Worst Bushteu Day o(PrWAft Month Lmkback) eerv 11087844 Loma #: 11087344 Nti: 10013e300110873349 THIS NOTE CONTAINS PROVISIONS ALLOWING FOR CHANGES IN MY IN T6R W RATE AND MY MONTHLY-PAYMENT THIS NOTE LIMITS THE AMOUNT MY IIV'18R W RATE CAN CHANGR AT ANY ONE TIME AND THR MA7m1 m RATE I MUST PAY. Doct+mbar 27, 2004 TSw (Date) LA StYi)'!R Pa pJvania 1409 GOODYrJLR Rotor, cRIRDMM, FD 17324 tee [Property Address] 1. BORROWER'S PROMISE TO PAY In return for a loss that] have received, I promise to pay U.S. $ 48, 000, 00 "Principal"), plus interest, to the order of the Lender. The Lender is MC NORTahm CERTIED COPY OF OMGK (this-amount, is called I will make. all payments under this Note in the form of cash, check or money order. I understand that the Lender may transfer this Now The Lender or anyone who takes this Note by tranafer and who is entitled to receive payments under this Note is called the "Note Holder." 2. INTEREST Interest will be charged on unpaid principal until the full amount of Principal has been paid I will pay interest at a yearly rate of 5.925 %. 7be interest rate I will pay will change in accordance with Section 4 of this Note. The interest rate required by this Section 2 and Section 4 of this Note is the rata I will pay both before and after any default described In Section 7($) of this Note. 3. PAYMENTS (A) Time and Place of Payments I will pay principal and interest by making a payment every month. I will make my monNy payment on the 1st day of each month beginning on February 1, 2005 I will make these payments every mouth until I have paid all of the principal and interest and any other charges described below that I may owes under this Note. Each monthly payment will be applied as of its scheduled due date and will be applied to interest before Principal. If, on January 1, 2035 , I still owe amounts under this Note, I will pay those amounts in fall on that date. which is called the 'Maturity Date.- I will make my monthly payments at 6501 IRVINE CZW= DRIVE, IRVINZ, Ch 92618 or at a different place if required by the Note Holder. (B) Amount of My Latial Monday Payments Each of my initial monthly payments we71 be in the amount of U.S. S 285.47. This amount may change, (C) Monday Payment Changes Changes in my monddy payment will reflect changes in the unpaid principal of my loan and in the interest rate that I mast pay., The Note Holder will determine my new interest rate and the changed amount of my monthly payment in accordance with Section 4 of this Notes 4. 94 TERE,ST RATE AND MONTHLY PAYMENT CHANGES (A) Qange Data The interest rate I will pay may change on the first day of January, 2007 . and may change on that-day every 6th month thereafter. Each date on which my interest rate could change is called a "Change Date." (B) The Index Beginning with the fast Change Date, my interest rate will be based on an Index. The "Index" is the six month London Interbank Offered Rate ('1MOR') which is the average of interbank offered rates for six-month U.S. dollar- denominated deposits in the London market, as published in 7The Wail Street Journal,. The most recent Index figure available as of the ruscbusineas day of the Month immediately preceding the month in which the Change Date occurs is called the "Current Indea." MM11STATE ADJUb1'ARM BATE N0184-Mach U BOR W= Mrd Dwker Day La*Nwd"mgW Family.- nacvurrl Page 1 af4 ooccam.vnc 17/ra/20M 40 's 11087964 11067894 If the Index is no longer available, the Note Holder will choose a new index which is based upon comparable information The Note Holder will give me notice of this choice. (C) Calculation of Changes Before each Change Date, the Note Holder will calculate.my new interest rate by adding wive and riv*-Z19htha percentage point(s) ( 5.625 %) to the Current Index. The Note Holder will then round the result of this addition to the neatest ooe-eighth of one percentage point (0.125%). Subject to the limits stated in Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date. The Note Holder will then determine the amount of the moodily payment that would be sufficient to repay the unpaid principal that I am expected to owe arthe Change Date in fall on the Maturity Date at my now interest rate in substantially- equal payments. The result of this calculation will be the new amount of my monthly payment. (D) Limdt9 on Interest Rata Changes The interest rate I am required to pay at the first Change Date will not be greater than 7.625 % or less than 5.925 %. Thereafter, my interest rate will never be increased or decreased an any single Change Date by more than One percentage: Point(s) (1.000 %) fram the rate of interest I have been paying for the preceding 6 .. months. My interest rate will never be greater than 12.425 %, or less than 5.925 %. (E) Effective Date of Changes My new interest cane will become effective on each Change Date. I will pay the amount of my new monthly payment beginning on the first monthly payment date after the Change Date until the amount of my monthly payment changes again. (F) Notka of Changes The Note Holder will deliver or mail to me a notice of any changes in my interest rate and the amount of my monthly payment before the effective date of any change. The notice will include information required by law to be given to me and also the title and telephone number of a parson who will answer any question I may have regarding the notice. S. BORRO'WER'S RIGHT TO PREPAY I have the right to make payments of Principal at any time before they are due. A payment of Principal only is (mown as a "Prepaymem." When I make a Prepayment, I will tell the Note Holder in writing that I am doing so. I may not designate a . payment n a Prepayment if I have not made all the monthly payments due under the Note. I may make a fall Prepayme t or partial Prepayments without paying a Prepayment charge. The Note Holder will use. my Prepayments to reduce the amount of Principal that I owe'under this Note. However, the Note Holder may apply my Prepayment to the accrued and unpaid interest on the Prepayment amount before applying my Prepayment to reduce the Principal amount of the Note. If I make a partial Prepayment, there will be no changes in the due data of my monthly payment unless the Note Holder agrees in writing to those changes. My partial Prepayment may reduce the amount of my monthly paytncnts after the first Change Date following my partial Prepayment. However, any reduction due to my partial Prepayment may be offset by an Interest rate increase. 6. LOAN CHARGES If a law, which applies to this loan and which sets maximum loan charges; is finally interpreted so that the interest or other loan charges collected or to be collected in connection with this loan exceed the permitted lirvits. then: (a) any such loan charge shall be reduced by the amount necessary to induce the charge to the permitted limit; and (b) any stuns already collected from me which exceeded permitted limits will be refunded to me. The Note Holder may choose to make this refund by reducing the Principal I owe under this Note or by making a direct payment to nun. If a refund redacea Principal, the reduction will be treawd as a partial Prepayment 7. BORROWER'S FAILURE TO PAY AS REQUIRED (A) Late Charges for Overdue Payments If the Note Holder has not received the full amount of any monthly payment by the end of 15 calendar days after the date it is due, I will pay a late charge to the Note Holder. The amount of the charge will be 5.000 % of my overdue payment of principal and interest. I will pay this late charge promptly bur only once on each late payment (B) Default If I do not pay the full amount of each monthly payment on the date it is due, I will be in default (C) Notice of Default If I am in default, the Note Holder may send me a written notice telling me that if I do not pay the overdue amount by a certain date, the Note Holder may require me to pay immediately the full amount of Principal which has not been paid and all the interest that I owe on that amount. That date must be at least 30 days after the date on which the notice in mailed to me or delivered by other means. MULTISTATE AD,?tWABLE RATE NOTE-FManth I. ZOO Inds (Am Hudo Day Laalbadt)-Stngk Famtty- 00cvza oo/oa/:ow Pages 2 of 4 r 11087184 12087884 (D) No Waiver by Note Holder Even iC at a time when I am in default, the Note Holder does not require me to pay immediately in full as described above, the Note Holder will still have the right to do so if I am in default at a later time. M Paytffint o[ Note HoWRr's Casts and Egmses If the Note Holder has required me to pay immediately in fall as described above, the Note Holder will have the right to be paid back by me for all of its costs and expenses is enfofciag this. Note to the extent not prohibited by applicable law. Those expenses include. for eaample..ressonable attorneys' fwAl & GIVING OF NOTICES i Unless applicable law requires a different method. my, notice that must be given to me under this Note will be given by delivering it or by sailing it by first loss mail to one at the Property Address above or at a different address if I give the Note Holder a notice of my different address. Any notice that moat be given to the Now Holder under this Note will be given by delivering it or by mailing it by first class mail to the Note Holder at the address stated in Section 3(A) above or at a different address if I are given a notice of that different address 9. OBLIGATIONS OF PERSONS UNDER THIS NOIrE If more than one person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the full amount owed. Any person who is a guarantor, surety or endorser of this Note is also obligated to do these things.:Any person who takes over these. obligations, including the obligations of a guarantor, surety or miorm of this Note, is dad obligated to keep all of the promises made in this Notes- The Note Holder may enforce its rights under this Note against each person individually or against all : of us together. This means dot say one of us may be required to pay all of the amounts owed under this Note. Is. WAIVERS I and any other person who has obligations under this Note waive the rights of Presentment and Notice of Dishonor. "Prescndnatt". means the right to require the Note Holder to demand payment of amounts due. "Notice of Dishonor" means the right to require the Note Holder to give notice to other pennons that amounts due have not been paid. 11. UNIFORM SECURED NOTE This Note is a uniform instrument with limited variations in some jurisdictions. In addition to the protections given to the Note Holder under this Note, a Mortgage, Deed of Trost, or Security Deed (the "Security Instrurnent" ), dated the same date as this Note, protects the Note Holder from possible losses which night result if I do not keep the promises which I make in this Note. That Security Instrument describes how and under what conditions I may be required to make immediate payment in full of all amounts I owe under this Note. Some of those conditions we described as follows: Transfer of the Property or a Bene ldol Interest In Borrower. Ag used in this Section 18. "Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to. those beneficial interests transferred in a bond (or deed, won-act for deed, installment sates contract or escrow agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser. If all or any part of the Property or any Interest in the Property is sold or transfemd (or if Borrower is not a natural person and a beneficial intcost in Borrower is add or transferred) without Lender's prior written consent, Leader may require immediate payment in full of all sums secured by this Seccaity Instrument. However. this option shall not be exercised by Leader if such exercise is prohibited by Applicable Law. MULTMATE AWMADLE ItATB N()TE-&Maaet+ LMR rases (First WAhmn Day r0aa,.d0.4Siesia Pamiir- ooarann Pala 3 of 4 D0L9a/ra.4'!a 07/09/2994 - - `M 4 LI CB7184 ' 110878$4 If Lender cmcisas the option to require immediate payment in full. Lander shall give Bormwer . notice of accekration. Tba, notice shall provide aperiod of not less than 30 days from the date the notice is given in accordance with Section 15 within which Borrower mm pay all sums secured by this Sccority Inahnmem If Borrower fails to pay these stoat prior to the expiration of this period. Lender ta:y invoke any remedies permitted by this Semaity Instrument without further notice or demand out Borm u WUNEESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED. 8orromm - SUM L WILSON - Data - (sign oriVnW O WY] MULTMATE ADJUSTABLE RATE NOTE-4MoW6 LIBOR Index pint ttadws Day t.eddadc}Single Finay- DoawrrA Page 4 d 4 COCUM14.tti 07/er9/20a ................x ......................: O C W E N OCWEN Loan Servicing "'C 12650 Ingenuity Drive Orlando, Florida 32826 WWW.OCWEN.COM August 02, 2007 VIA First Class Mail VIA Certified Mail (return receipt requested) Certified Number: 71069017515117173493 Reference Code: 0707 Steven L. Wilson 1409 Goodyear Road Gardners, PA 17324-0000 Loan Number: Property Address: 34175778 1409 Goodyear Road, Gardners, PA 17324-0000 PLEASE SEE THE ENCLOSED DOCUMENT bl+ DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. ......................: x OCWEN Loan Servicing. ",C ?., 12650 Ingenuity Drive Orlando, Florida 32826 O C W E N WWW.OCWEN.COM APPENDIX A August 02, 2007 ACT 91 NOTICE TAKE ACTION TO SAVE YOUR HOME FROM FORECLOSURE This is an official notice that the mortgage on your home is in default, and the lender intends to foreclose Specific information about the nature of the default is provided in the attached pages. The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home This Notice explains how the program works. To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN THIRTY (30) DAYS OF THE DATE OF THIS NOTICE. Take this Notice with you when you meet with the Counseling Agency. The name, address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the end of this Notice. If you have any questions, you may call the Pennsylvania Housing Finance eency toll free at 1-800- 342-2397 (Persons with impaired hearing can call (717) 780-1869). This Notice contains important legal information. If you have any questions, representatives at the Consumer Credit Counseling Agency may be able to help explain it. You may also want to contact an attorney in vour area The local bar association may be able to help you find a lawyer. LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION, OBTENGA UNA TRADIICCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA. HOMEOWNER'S NAME(S): PROPERTY ADDRESS: Steven L. Wilson 1409 Goodyear Road Gardners, PA 17324-0000 LOAN ACCT. NO.: 34175778 ORIGINAL LENDER: MORTGAGE ELECTRONIC REGISTRATION SYSTEMS, INC. CURRENT LENDER/SERVICER: OCWEN DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. ....................... OCWEN Loan Servicing. '1.C 12650 Ingenuity Drive O O C __ W _ E N Orlando, Florida 32826 WWW.OCWEN.COM HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS. IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE: IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES BEYOND YOUR CONTROL, IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR MORTGAGE PAYMENTS, AND IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY THE PENNSYLVANIA HOUSING FINANCE AGENCY. TEMPORARY STAY OF FORECLOSURE -Under the Act, you are entitled to a temporary stav of foreclosure on your mortgage for thirty (30) days from the date of this Notice. During that time you must arrange and attend a "face- to-face" meeting with one of the consumer credit counseling agencies listed at the end of this Notice. THIS MEETING MUST OCCUR WITHIN THE NEXT (30) DAYS. IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE, YOU MUST BRING YOUR MORTGAGE UP TO DATE. THE PART OF THIS NOTICE CALLED"HOW TO CURE YOUR MORTGAGE DEFAULT", EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE. CONSUMER CREDIT COUNSELING AGENCIES -- If you meet with one of the consumer credit counseling agency listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. The names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face meeting. Advise your lender immediately of your intentions. APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty (30) days of your face-to-face meeting. YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED. AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing Finance Agency of its decision on your application. NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT. (If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance). DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. :.....................: OCWEN Loan Servicing "C ti i 12650 Ingenuity Drive Orlando, Florida 32826 O C W E N WWW.OCWEN.COM HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date). NATURE OF THE DEFAULT --The MORTGAGE debt held by the above lender on your property located at: 1409 Goodyear Road, Gardners, PA 17324-0000 IS SERIOUSLY IN DEFAULT because: YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts are now past due: 3 payments in the amount of $ 566.56 from June 01, 2007 through August 02, 2007 DETAIL SUMMARY : Principal and Interest ................................. $ 1,021.89 Interest Arrearage ..................................... $ 0.00 Escrow .................................................. $ 1,065.30 Late Charges ........................................... $ 156.14 Insufficient Funds Charges ........................... $ 0.00 Fees / Expenses ........................................ $ 151.60 Suspense Balance (CREDIT) ........................ $ 209.44 Interest Reserve Balance (CREDIT) ................ $ 0.00 TOTAL DUE .......................................... $ 2,185.49 HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $2,185.49, PLUS ANY MORTGAGE PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments must be made either by Money Gram, Cashier's Check, Certified Check or Money Order made payable and sent to: OCWEN P.O. BOX 6440 CAROL STREAM, IL 60197-6440 IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged property. IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to $50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender, which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period, you will not be required to pay attorney's fees. OTHER LENDER REMEDIES -- The lender may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriffs Sale. You may do so by Qavine the total amount then past due, plus any late or other charges then due, reasonable attorney's fees and costs connected with the foreclosure sale and any other costs connected with the Sheriffs Sale as specified in writing by the lender and by performing any other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to the same position as if you had never defaulted. DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. ......... ...? OCWEN Loan Servicing " ' C '01 12650 Ingenuity Drive O - C W ? E .. N N Orlando, Florida 32826 WWW.OCWEN.COM EARLIEST POSSIBLE SHERIFF'S SALE DATE -- It is estimated that the earliest date that such a Sheriffs Sale of the mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait. You may find out at any time exactly what the required payment or action will be by contacting the servicer. HOW TO CONTACT THE SERVICER: Name of Servicer: OCWEN Address: P.O. BOX 24737 WEST PALM BEACH, FL 334164737 Phone Number: 800-310-9229 Fax Number: 407-737-6300 Contact: Performing Collections Dept. EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove you and your furnishings and other belongings could be started by the lender at any time. ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied. YOU MAY ALSO HAVE THE RIGHT: TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE THAN THREE (3) TIMES IN ANY CALENDAR YEAR.) TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS. TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER. TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW. CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY DACT91.11 This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose. .+? #•i VERIFICATION Ilana Zion, Esquire hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Verification as the Plaintiff is outside the jurisdiction of the Court and Plaintiff's verification could not be obtained within the time necessary to file this pleading, and that the statements made in the foregoing Second Amended Complaint in Mortgage Foreclosure are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa.C.S. See. 4904 relating to unworn falsification to authorities. SHAPIRO & DENARDO, LLC BY: Ilana Zi Esquire Attorney o laintiff Dated: a 1st? OF THE ONOTARY 2809 SEP --4 AM 9: 54, PENMYLVAWjA 7$, s-0 p)-a47 A* 3 3 3W • , dl SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered ; COURT OF C;OMMu.NrLr_AJ holders of MASTR Asset Backed Securities CIVIL DIVISION Trust 2005-WMC1, Mortgage Pass-Through CUMBERLAND COUNTY Certificates PLAINTIFF NO: 09-6050-CIVIL VS. Unknown, Heirs, Successors, Assigns, And ; All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT Plaintiff, by its counsel, Shapiro & DeNardo, LLC, moves this Honorable Court for an Order directing service of the Complaint in Mortgage Foreclosure, Notice of Sale and all subsequent pleadings that require personal service only, upon the above-captioned Defendant, Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased by publication and by posting of the subject premises located at 1409 Goodyear Road, Gardners, PA 17324 and, in support thereof avers the following: 1. Plaintiff believes, and therefore avers, that Steven L. Wilson died on or about January 22, 2009. Plaintiff, by and through its agents, has reviewed the appropriate public records to determine if an estate has been created and, if so, whether a personal representative has been appointed. The review of these public records indicates that no estate exists for Steven L. Wilson. 2. Any attempts at personal service of the Complaint in Mortgage Foreclosure would not be successful. 3. Service of process by publication is permitted by Pennsylvania Rule of Civil Procedure 430(b). 4. Pennsylvania Rule of Civil Procedure 430 (b) (2) provides: "When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the Complaint or an affidavit that they are unknown." 5. In the case at bar, the Complaint in Mortgage Foreclosure as filed indicates that the heirs of Steven L. Wilson, deceased Real Owner and Mortgagor, are unknown to Plaintiff, despite a good faith investigation of the probate records as set forth in the Affidavit attached hereto and incorporated herein as Exhibit "A." WHEREFORE, Plaintiff respectfully requests that this Honorable Court enter an Order pursuant to Pennsylvania Rule of Civil Procedure 430 directing service of the Complaint in Mortgage Foreclosure, Notice of Sale and all subsequent pleadings that require personal service only, upon the Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased, by publication in a legal publication designated by the Court for the publication of legal notices and in one newspaper of general circulation within Cumberland County, and by posting the subject premises located at 1409 Goodyear Road, Gardners, PA 17324. SHAPIRO & DeNARDO, LLC r BY: Ilana Zion, Esquir Attorney for Plaint } CONFIDENTIAL INVESTIGATIVE SERVICES INC Laraine Colwell Shapiro & DeNardo, LLC 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 RE: Your File No.: 07-30273 Dear Ms. Colwell: July 24, 2009 Pursuant to your request search was conducted of the Cumberland County Register of wills to locate record of an estate filed in the name of Steven L. Wilson, who passed away on January 22, 2009. Please be advised that no record of an estate has been filed to date. Should you have questions, please do not hesitate to contact me. Very truly yours, 9 X Diane an, CLI, CCDI 235 South 13th Street Philadelphia, PA 19107 (215) 546-7400 (800) 503-7400 gw-N64 Fax (215) 985-0169 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates VS. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased VERIFICATION Ilana Zion, Esquire, hereby states that she is the Attorney for the Plaintiff in this action, that she is authorized to make this Verification, and that the statements made in the foregoing MOTION FOR SERVICE PURSUANT TO SPECIAL ORDER OF COURT are true and correct to the best of her knowledge, information and belief. The undersigned understands that this statement herein is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC DATE: BY: aft,-va- Ilana Zion, Esquire Attorney for Plaintiff S&D: 07-30273 SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF VS. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6050-CIVIL MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: If service cannot be made under the applicable rule, the Plaintiff may move the court for a special order directing the method of service. The motion shall be accompanied by an affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the defendant and the reasons why service cannot be made. In real property actions, such as the instant action in mortgage foreclosure, Pennsylvania Rule of Civil Procedure, 410 (c), sets forth the manner in which service shall be made pursuant to an Order of Court under Pa R.C.P. 430 (a): The court shall direct one or more of the following methods of service: (1) publication as provided by Rule 430 (b),(2) posting a copy of the original process on the most public part of the property, (3) registered mail to the defendant's last known address, and (4) such other methods, if any, as the court deems appropriate to serve notice to the defendant. Pennsylvania Rule of Civil Procedure 430 (b) (2) provides: "When service is made by publication upon the heirs and assigns of a named former owner or party in interest, the court may permit publication against the heirs or assigns generally if it is set forth in the Complaint or an affidavit that they are unknown." As both the Complaint in Mortgage Foreclosure as filed and a good faith investigation of the probate records as set forth in the Affidavit make clear the heirs of Steven L. Wilson are unknown to Plaintiff, and no estate has been raised. As such, it is impossible for Plaintiff to properly server everyone on behalf of Defendant. In order to complete service on the Defendant, Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased, so as to move this action forward to ultimate disposition, the Plaintiff respectfully requests that this Honorable Court, pursuant to Pennsylvania Rule of Civil Procedure 430, grant a special Order directing service of the Complaint in Mortgage Foreclosure, Notice of Sale and all subsequent pleadings that require personal service only, on the Defendant, by publication in a legal publication designated by the Court for the publication of legal notices and in one newspaper of general circulation within Cumberland County, and by posting the subject premises located at 1409 Goodyear Road, Gardners, PA 17324 by the Sheriff, competent adult, or other party allowed by law. Respectfully Submitted, SHAPIRO & DeNARDO, LLC BY: 01 W-W ? 4 7 / M, Ilana Zion, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF VS. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6050-CIVIL CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Motion For Service Pursuant to Special Order Of Court on - to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased, 1409 Goodyear Road, Gardners, PA 17324 SHAPIRO & DeNARDO, LLC l Date: BY: dovo- Q113?' Ilana Zion, Esquir i Attorney for Plaintiff FILED-OF C6 OF THE PROTH OTARY 2009 OCT -6 AM 11: 14 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor b , OFF it F US Bank NA vs. Unknown, Heirs, Successors, Assigns and II persons, SHERIFF'S RE 10105/2009 R. Thomas Kline, Sheriff, who being duly sworn E and inquiry for the within named defendant to wit: firms, or associations claiming rig ht, title or intere unable to locate them in his bailiw ick. He therefo as not found as to the defendant Unknown, Heirs associations claiming right, title o interest from o attempts the Complaint has expi d. SHERIFF COST: $52.80 October 05, 2009 RLC-1-t,i 7(',E o,'"` T" THE ?, I t?i",;Or, A, I'l to: Is Case Number or associa 2009-6050 RN OF SERVICE :cording to law, states that he made a diligent search Unknown, Heirs, Successors, Assigns and all persons, t from or under Steven L. Wilson, deceased , but was returns the within Complaint in Mortgage Foreclosure Successors, Assigns and all persons, firms, or under Steven L. Wilson, deceased. After several SO ANSWERS, R THOMAS KLINE, SHERIFF OCT 0 l 2009 6? SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I. D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMCI, Mortgage Pass-Through Certificates PLAINTIFF VS. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6050-CIVIL ORDER AND NOW, this day of 6az4= , 2009, upon consideration of Plaintiffs Motion For Service Pursuant To Special Order Of Court and the Affidavit of Good Faith Investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure, Notice of Sale, and all subsequent pleadings that require personal service only, on Defendant, Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased, shall be complete when Plaintiff or its counsel or agent has published a true and correct copy of the Complaint in Mortgage Foreclosure, Notice of Sale, or any subsequent pleadings in the legal publication designated by the Court for the publication of legal notices and in one newspaper of general circulation within Cumberland County and the Sheriff has posted a true and correct copy of the Complaint in Mortgage Foreclosure, Notice of Sale and or any subsequent pleadings on the most public part of the mortgaged premises locatri at 1409 Goodyear Road, Gardners, PA 17324. BY J. r FILE -UH-Kit U THE )T? ''INOTARY 2009 OCT -7 PM t,- Z8 W0 Nil-yl pr, 1Uf ?/?? ? tES rYta`?l ??, TO N SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6050-CIVIL VS. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT PRAECIPE FOR REINSTATEMENT TO THE PROTHONOTARY: Kindly reinstate the Complaint in the above-captioned matter. SHAPIRO & DeNARDO, LLC BY: Ilana Zion, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: CHRISTOPHER A. DeNARDO, ESQUIRE, ATTORNEY I.D. NO. 78447 ANIELLE BOYLE-EBERSOLE ESQUIRE ATTORNEY I.D. NO. 81747 D > MICHAEL CLARK, ESQ., ATTORNEY I.D. NO. 202929 ILANA ZION, ESQ., ATTORNEY I.D. NO. 87137 LESLIE RASE, ESQ., ATTORNEY I.D. NO. 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF VS Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased 1409 Goodyear Road Gardners, PA 17324 DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: D 5- (a'o so C ' /, I c? C= o -4 y =-n TM, f° rn F r . t : :z): te 3 n ?r COMPLAINT - CIVIL ACTION MORTGAGE FORECLOSURE NOTICE YOU HAVE BEEN SUED IN COURT. IF YOU WISH TO DEFEND AGAINST THE CLAIMS SET FORTH IN THE FOLLOWING PAGES, YOU MUST TAKE ACTION WITHIN TWENTY (20) DAYS AFTER THIS COMPLAINT AND NOTICE ARE SERVED, BY ENTERING A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILING IN WRITING WITH THE COURT YOUR DEFENSES OR OBJECTIONS TO THE CLAIMS SET FORTH AGAINST YOU. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU BY THE COURT WITHOUT FURTHER NOTICE FOR ANY MONEY CLAIMED IN THE COMPLAINT OR FOR ANY OTHER CLAIM OR RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO YOU. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. 2099 OCT 10:5 All 10: 16 $lo.oo Po ?4T/ GG`?' 335q 8d a3a 138 Sheriffs Office of Cumberland County R Thomas Kline Sheriff Ronny R Anderson Chief Deputy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor OFF .1 r-.?-' r f,tt US Bank NA Case Number vs. 2009-6050 Unknown, Heirs, Successors, Assigns and all persons, firms, or associa SHERIFF'S RETURN OF SERVICE 10/20/2009 09:14 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 20, 2009 at 2114 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Unknown, Heirs, Successors, Assigns and all persons, firms, or associates, pursuant to order of court by posting the premises located at 1409 Goodyear Road, Gardners, Cumberland County, Pennsylvania 17324 with a true and correct copy according to law. SHERIFF COST: $43.90 SO ANSWER 011 October 21, 2009 R THOMAS KLINE, SHERIFF Deputy /Sheriff SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMCI, Mortgage Pass-Through Certificates PLAINTIFF VS. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6050-CIVIL AFFIDAVIT OF SERVICE I, Tiffany Donnell, the undersigned, being duly sworn according to law, hereby depose and say that on theme`,)- day of 2009, pursuant to the Order of Court, attached as Exhibit "A," I served a true and correct copy of the Complaint in Mortgage Foreclosure in the above-captioned matter to the Defendant(s) listed below at the address provided by publication in a legal publication designated by the court for the publication of legal notices and in one newspaper of general circulation within Cumberland County. Proof of said publications are attached as Exhibit "B." Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased, 1409 Goodyear Road, Gardners, PA 17324 SHAPIRO & DeNARDO, LLC BY: C\` clo"? Q,P 01 Tiffany Donnell, Legal Assistant to Attorney for Plaintiff I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this Affidavit of Service is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. r PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland James Kleinklaus, Advertising Operations Director of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): October 23, 2009 COPY OF NOTICE OF PUBLICATION COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6050-CIVIL U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset 'Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates, LAINTIFF VS. Unknown, Heirs, Successors, Assigns, And All Persons, Irms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased, DEFENDANT(S) ' T* the Defendants, Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Tide Or Interest From Or Under Steven L. Wilson, deceased: TAKE NOTICE THAT THE Plaintiff, U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates has filed an action Mortgage Foreclosure, as captioned above. NOTICE IF YOU WISH TO DEFEND, YOU MUST ENTER A WRITTEN APPEARANCE PERSONALLY OR BY ATTORNEY AND FILE YOUR DEFENSES OR OBJECTIONS WITH THE COURT. YOU ARE WARNED THAT IF YOU FAIL TO DO SO THE CASE MAY PROCEED WITHOUT YOU AND A JUDGMENT MAY BE ENTERED AGAINST YOU WITHOUT FURTHER NOTICE FOR THE RELIEF REQUESTED BY THE PLAINTIFF. YOU MAY LOSE MONEY OR PROPERTY OR OTHER RIGHTS IMPORTANT TO -YOU. '?OU SHOULD TAKE THIS NOTICE TO LAWYER AT ONCE. IF 'DO NOT HAVE A LAWYER GO TO OROTE EP ONE THE OFFICE SETU r.s-FORTHBEtOW;.T}*gfFl0l=gAN PRp?U WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAYBE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 1ILAANA ZION, Atty. for Plaintiff -11HAPIRO & DeNARDO, LLC 3600 HORIZON DRIVE, SUITE 150 -KING OF PRUSSIA, PA 19406 610-278-6800 Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this Notary Public My commission expires: COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL ;?AM81 ANN HECKENDORN, Nmy Ptx*c Ca T iM Boro Cw ftdsnd C r.4y Commssion Expires January 27 y ! '- PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 30, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. Coyne, S`&QrRN TO AND SUBSCRIBED before me this 30 day of October, 2009 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BORO, CUMBERLAND COUNTY My Commission Expires Apr 28, 2010 NOTICE Court Of Common Pleas, Cumberland County Civil Division NO: 09-6050-CIVIL U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass- Through Certificates, PLAINTIFF VS. Unknown Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased, DEFENDANT(S) To the Defendants, Unknown Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Steven L. Wilson, deceased: TAKE NOTICE THAT THE Plain- tiff, U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005- WMC1, Mortgage Pass-Through Cer- tificates has filed an action Mortgage Foreclosure, as captioned above. NOTICE If you wish to defend, you must enter a written appearance person- ally or by attorney and file your de- fenses or objections with the court. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you without further notice for the relief requested by, the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS NO- TICE TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER GO TO OR TELEPHONE THE OF- FICE 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 AGEN- CIES THAT MAY OFFER LEGAL SER- VICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 ILANA ZION, ESQUIRE SHAPIRO & DeNARDO, LLC Attorneys for Plaintiff' 3600 Horizon Drive Suite 150 King of Prussia, PA 19406 (610) 278-6800 lltir. 'Y 2003 9 Oct. 30 SHAPIRO & DeNARDO, LLC BY: DANIELLE BOYLE-EBERSOLE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 81747 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6050-CIVIL VS. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT PRAECIPE TO SUBSTITUTE VERIFICATION TO THE PROTHONOTARY: Kindly substitute the attached Verification to the Complaint in the above-captioned civil action. Respectfully Submitted, SHAPIRO & DeNARDO, LLC BY: ~ ~ ~l D ielle Boyle-Ebersole, Esquire Attorneys for Plaintiff U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMCI, Mortgage Pass-Through Certificates v. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased VERIFICATION The undersigned is Manager of Ocwen Loan Servicing, LLC on behalf of U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates and as such is familiar with the records of said corporation, and being authorized to make this verification on behalf of Plaintiff an officer of the corporation, hereby verifies that the facts set forth in the foregoing Complaint are taken from records maintained by persons supervised by the undersigned who maintain the business records of the Mortgage held by Plaintiff in the ordinary course of business and that those facts are true and correct to the best of the knowledge, information and belief of the undersigned. I UNDERSTAND THAT FALSE STATEMENTS HEREIN ARE MADE SUBJECT TO THE PENALTIES OF PA.C.S. SECTION 4904 RELATING TO UNSWORN FALSIFICATION TO AUTHORITIES. Ocwen Loan Servicing, LLC on behalf of U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates Name. evin M. Jackson Title: Manager 07-30273 I '~ i .~ ,'. `T', t `~ l~C L 4~~,iJ Ot'. ~~'.,~ t % `, i,~ ~ ~ ~~/ ~i.1 `~~ V fry ~8 _f~;i r 6 ._ .. ... SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates VS. PLAINTIFF o?o?p AUK PM 8.02` COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6050-CIVIL Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 1409 Goodyear Road, Gardners, PA 17324. Name and address of Owner(s) or Reputed Owner(s) Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased 1409 Goodyear Road Gardners, PA 17324 2. Name and address of Defendant in the judgment: Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased 1409 Goodyear Road Gardners, PA 17324 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates c/o Ocwen Loan Servicing, LLC 1661 Worthington Road West Palm Beach, FL 33415 Commonwealth of PA Dept. of Revenue #280946 Bureau of Compliance Harrisburg, PA 17128-0946 Brenda Quayle c/o Erie Insurance Group P.O. Box 2013 Mechanicsburg, PA 17055 Cumberland County Adult Probation Courthouse, 3rd Fl. Rm. 302 1 Courthouse Square Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates, Plaintiff c/o Ocwen Loan Servicing, LLC 1661 Worthington Road West Palm Beach, FL 33415 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates c/o Ocwen Loan Servicing, LLC 1661 Worthington Road West Palm Beach, FL 33416 Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 f 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: TENANT OR OCCUPANT 1409 Goodyear Road Gardners, PA 17324 Cathy Wilson 1409 Goodyear Road Gardners, PA 17324 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 unworn falsification to authorities. SHAPIRO & DeNARD LL BY: Leslie J. R , squire 07-30273 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar 4 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF VS. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT ado AUG go PM a--01G COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:09-6050-CIVIL CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Lisa Kosik, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on June 21, 2010, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & DeNARDO, LLC BY: Wd ALi6i Lisa Kosik Legal Assistant 07-30273 r, o U1 N N n o- N % o v 74 T n A ff ? N G SU N c? ? >v c? c A v f 'O - N ? m C o A N ?t G A O 'o O 'fJ A W n 74 ? T / W A C .,a 'ti N q N ?,• dim -3 W N N ? ?p C? SD P C n o m c a n a a ' O n O ?m ?? fD y r a+ 7? ?p d ?+ iv cn rr Qr'?'! ('? (D t'D ? m o o cmOO c a < a 3 a ? a o ? o "d ? ? ? ?7 C!a ??r? c r b q r• qO p 7 p ? O- ? r " O c W r °Q o° tc- o 7? o "' ro ? ?. s ttt+ ?" L n ? m f* 0O CD w 7 ? d 0 n o N SD C N ..0 fY K n N ?i c"o N O 3 N A A T 1.? i S Tat_ m? ?q N?(p? c0 N m ? m m ?• m -. a X ?? c, tiyNtTEty by r. Q SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF VS. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT ?fIGD-a?' CE ?p 7 D 2.42 CUNT ` ;JuN1Y PENN3i`JANIA COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6050-CIVIL PLAINTIFF'S PETITION TO CONTINUE SHERIFF'S SALE OF REAL PROPERTY Plaintiff/Petitioner, U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates ("Plaintiff'), by and through its counsel, Shapiro & DeNardo, LLC, hereby files this Petition to Continue Sheriffs Foreclosure Sale of Real Property, and in support thereof avers as follows: 1. Plaintiff filed its Complaint in Mortgage Foreclosure on real property situated at 1409 Goodyear Road, Gardners, PA 17324 (the "Property") against the Unknown Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased ("Defendant") on September 4, 2009. 2. Thereafter, Plaintiff entered Judgment against Defendant on December 3, 2009. 3. Plaintiff initially scheduled its Sheriffs Sale of the Property for June 1, 2010 and continued the again until September 8, 2010. 4. On January 4, 2010, Cathy Wilson was appointed Administratrix of the Estate of Steven Leroy Wilson a/k/a Steven L. Wilson. A true and correct copy of the Short Certificate is attached hereto as exhibit "A". 5. To avoid a cloud on title of the Property after it is taken to Sheriff's Sale, Ms. Wilson must be personally served with the Notice of Sale. 6. Plaintiff has still been unable to serve the Notice of Sheriffs Sale upon Ms. Wilson. 7. Plaintiff respectfully requests this Honorable Court continue the Sheriff's Sale of the Property from September 8, 2010 to December 8, 2010. 8. Said continuance will in no way prejudice Defendant or Ms. Wilson. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant Plaintiffs Petition to Continue the Sheriffs Sale from September 8, 2010 to December 8, 2010, without further advertising, costs or notice. Respectfully submitted, SHAPIRO & DeNARDO, LLC BY: z<-2--z--- Leslie J. Rase, Esquire Attorney for Plaintiff 07-30273 Jun, 1;. 2010 2:24PM COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND No. 0798 P. 3 SHORT CERTIFICATE I, GLENDA FARNER STRASBAUGH Register for the Probate of Wills and Granting Letters of Administration in and for CUMBERLAND County, do hereby certify that on the 4th day of January, Two Thousand and Ten, U Letters TESTAMENTARY in common form were granted by the Register of said County, on the estate of STEVEN LEROY WILSON SR , late of DICKINSON TOWNSHIP (first, Middle, IBSO a/k/a STEVEN L WILSON in said county, deceased, to CATHY ELAINE WILSON (6w, Maws, tow and that 3ame has not since been revoked IN TESTIMONY WHEREOF, 1, have hereunto set my hand and affixed the seal of said office at CARLISLE, PENNSYLVANIA, this 4th day of January Two Thousand and Ten. File No. 2010-00005 PA Fi 1 e No. 21- 10- 0005 Date of Death 112212009 S . S . # 190-50-7884 _ eq star s G Deputy NOT VALID WITHOUT ORIGINAL SIGNATURE AND IMPRESSED VEAL U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates VS. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased VERIFICATION Christopher A. DeNardo, Esquire, hereby states he is the Attorney for the Plaintiff in this action, he is authorized to make this Verification, and the statements made in the foregoing Petition to Continue the Sheriffs Sale on property situated at: 1409 Goodyear Road, Gardners, PA 17324 are true and correct to the best of his knowledge, information and belief. The undersigned understands the statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC DATE: ' BY: L--'^Z Christopher A. DeNardo S&D: 07-30273 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered COURT OF COMMON PLEAS holders of MASTR Asset Backed Securities CIVIL DIVISION Trust 2005-WMC1, Mortgage Pass-Through CUMBERLAND COUNTY Certificates PLAINTIFF NO: 09-6050-CIVIL VS. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT PLAINTIFF'S MEMORANDUM OF LAW IN SUPPORT OF ITS PETITION TO CONTINUE SHERIFF'S SALE OF REAL PROPERTY Pa.R.C.P. Rule 3129.3(b) states that: If the sale is stayed, continued, postponed or adjourned to a date certain within one hundred thirty days of the scheduled sale, notice of which sale was given as provided by Rule 3129.2, and public announcement thereof, including the new date, is made to the bidders assembled at the time and place originally fixed for the sale, no new notice as provided by Rule 3129.2 shall be required, but there may be only two such stays, continuances, postponements or adjournments within the one hundred thirty day period without new notice. Pursuant to Pa.R.C.P. Rule 3129.3(a), new notice of the sale is not necessary if, by special Order of Court, the sale is stayed, continued, postponed or adjourned more than two times. In the instant matter, as more thoroughly set forth in the Petition, the Sheriffs sale of the Property was initially scheduled by Plaintiff for June 1, 2010, but was continued to September 8, 2010. On January 4, 2010, after Judgment was obtained by Plaintiff, Cathy Wilson was appointed Administratrix of the Estate of Steven Leroy Wilson aWa Steven L. Wilson. If Ms. Wilson is not personally served with the Notice of Sale, it will cause a cloud on title for whoever purchases the Property at any future Sheriff's Sale. Despite its best efforts, Plaintiff has still been unable to serve the Notice of Sheriffs Sale upon Ms. Wilson, and respectfully requests this Honorable Court continue the Sheriff's Sale of the Property from September 8, 2010 to December 8, 2010 to provide Plaintiff with more time to do so. Neither Defendant nor Ms. Wilson will be prejudiced by this continuance. It may actually benefit them, should Ms. Wilson wish to keep the Property, as it would provide her time to investigate potential ways to keep the Property. WHEREFORE, Plaintiff respectfully requests that this Honorable Court continue the Sheriff s sale of the Property to December 8, 2010, without further advertising, costs or notice. Respectfully submitted, SHAPIRO & DeNARDO, LLC Leslie J. Rase, Esquire Attorney for Plaintiff Dated: 4 1? S&D 07-30273 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF vs. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6050-CIVIL CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Petition to Continue Sheriffs Sale on `71- / . /0 to all parties named herein at, their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased, 1409 Goodyear Road, Gardners, PA 17324 Cathy Wilson, Executrix of the Estate of Steven Leroy Wilson, Sr., aka Steven L. Wilson 218 Marions Ave, Carlisle, PA 17013. 1409 Goodyear Road, Gardners, PA 17324 SHAPIRO & DeNARDO, LLC BY: 011, Leslie J. Rase, Esquire Attorney for Plaintiff ~' a SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank; N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF ; VS. ; Unknown Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming ; Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT ; ~F ?Nc~ ~ SEP - 2 P~1 I ~ 1 k CUM~Efi;~.~•d0 ~p~My ~Ntv'SYLVgN~q COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6050-CIVIL MOTION FOR SPECIAL SERVICE PURSUANT TO COURT ORDER Plaintiff, by its counsel, Shapiro & DeNardo, LLC moves this Honorable Court for an Order pursuant to Pa. R.C.P. 3129.2(c)(1)(i)(C) and 430 permitting alternative service of the Notice of Sheriffs Sale upon Cathy Wilson, Administratrix of the Estate of Steven Leroy Wilson, Sr., aka Steven L. Wilson, by sending a true and correct copy by simultaneous certified and regular mail; and by posting a true and correct copy on the mortgaged property that is the subject of the above-captioned mortgage foreclosure action; and in support thereof avers the following: 1. On September 4, 2009, Plaintiff filed its complaint in mortgage foreclosure against the above-captioned Defendant for the property located at 1409 Goodyear Road, Gardners, PA 17324 (the "Property"). 2. On October 7, 2009, an Order of Court was entered granting Service of the Complaint in Mortgage Foreclosure, Notice of Sale, and all subsequent pleadings that require personal service only, on Defendant the Unknown Heirs, Successors, Assigns, And All Persons, Firms, or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased, shall be complete when Plaintiff or its counsel or agent has published a true and correct copy of the Complaint in Mortgage Foreclosure, Notice of Sale, or any subsequent pleadings in the legal publication designated by the Court for the publication of legal notices and in one newspaper of general circulation within Cumberland County and the Sheriff has posted a true and correct copy of the Complaint in Mortgage Foreclosure, Notice of Sale and or any subsequent pleadings on the most public part of the Property. A true and correct copy of the Order is attached hereto as Exhibit "A". 3. Plaintiff obtained a default judgment against Defendant on December 3, 2009. 4. Shortly thereafter, Plaintiff caused the Property to be listed for the June 2, 2010 Cumberland County Sherffis Sale. 5. In accordance with Order of Court dated October 7, 2009, Plaintiff instructed the Cumberland County Sheriff to post the Notice of Sale on the Property. Said notice was posted on Apri16, 2010. A true and correct copy of the Notice is attached hereto as Exhibit "B". 6. Also in accordance with the October 7th Order of Court, Plaintiff had the Notice of Sale published in a legal publication designated by the Court for the publication of legal notices and in one newspaper of general circulation within Cumberland County. A true and correct copy of proof of said publication is attached hereto as Exhibit "C". 7. On June 15, 2010, it was discovered that Cathy Wilson was appointed the Administratrix of the Estate of Steven Leroy Wilson, Sr., aka Steven L. Wilson. Said certificate was filed after Default Judgment. A true and correct copy of the Short Certificate is attached hereto as Exhibit "D". 8. Ms. Wilson needs to be personally served with the Notice of Sale, or it will cause a cloud on title should the Property be sold by the Cumberland County Sheriff. 9. Pursuant to Pa. R.C.P. 430, Plaintiff has made good faith efforts to locate Ms. Wilson. An Affidavit of Good Faith Investigation, which sets forth the specific inquiries made and the results thereof, is attached hereto as Exhibit "E" and made a part hereof. 10. The Affidavit of Good Faith Investigation reflects that 1409 Goodyear Road, Gazdners, PA 17324 and 218 Marion Ave., Carlisle, PA 1?013 are valid addresses for Ms. Wilson; See Ex. "E." 11. However, the Return of Service for such addresses states otherwise. See Ex. "F." 12. A Request for Change of Address or Boxholder, pursuant to 36 C.F.R. 265.6(d)(6)(ii), completed and certified by the Pennsylvania Postmaster has been completed. A true and correct copy thereof is attached hereto as Exhibit "G" and made a part hereof. WHEREFORE, Plaintiff respectfully requests this Honorable Court enter an Order allowing Plaintiff to serve the Notice of Sale on Cathy Wilson, Administratrix of the Estate of Steven Leroy Wilson, Sr., aka Steven L. Wilson, by (1) sending a true and correct copy thereof by simultaneous certified and regulaz mail to the last known address located at 1409 Goodyeaz Road, Gazdners, PA 17324 and 218 Marion Ave., Cazlisle, PA 17013; and (2) posting a true and correct copy thereof on the mortgaged property located at 1409 Goodyeaz Road, Gardners, PA 17324 by the Sheriff or any competent adult. Respectfully submitted, SHAPIRO & DeNARDO, LLC BY: ~~ Leslie J. Rase, Esquire Attorney for Plaintiff S&D: 07-30273 SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO: PA Bar # 87137 ~ 0 7 2009 ~ 3600 HORIZON DRIVE, SUITE 150 COURT OF COMMON PLEAS U.S. Bank, N.A., as Trustee for the registered CIVIL DIVISION holders of MASTR Asset Backed Securities ~ CUMBERLAND COUNTY Trust 2005-WMC1, Mortgage Pass-Through ; Certificates ~ N0:09-6050-CIVIL PLAINTIFF VS. ; Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations. Claiming Right, Title Or Interest From Or Under ; Steven L. Wilson, deceased DEFENDANT ORDER AND NOW, this ~ day of ~~-*o(~ ~~ , 2009, upon consideration of Plaintiffs Motion For Service Pursuant To Special Order Of Court and the Affidavit of Good Faith Investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure, Notice of Sale, and all subsequent pleadings that require personal service only, on Defendant, Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased, shall be complete when Plaintiff or its counsel or agent has published a true and correct copy of the Complaint in Mortgage Foreclosure, Notice of Sale, or any subsequent pleadings in the legal publication designated by the Court for the publication of legal notices and in one newspaper of general circulation within Cumberland County and the Sheriff has posted a true and correct copy of the Complaint in Mortgage Foreclosure, Notice of Sale and or any subsequent pleadings on the most public part of the mortgaged premises located at 1409 Goodyear Road, Gardners, PA 17324. In Tes#imcny v:~;._i~::~f, i 'r:ar~ u;;o set my hand and the seal c~ sad Co:;~t at Cads!=~, Pa. This .. . ~-:. day f. ~........, .~... . .Y. onotary BY THE COURT: ' Apr. 30. 2010 3:32PM Yo. 8199 P. 4 SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson 5her1A- `~,~! of tu+abyy~e Jody S Smith ChletDepufy .~ Edward L Schorpp '~+~ So1k.~o,r arttp os nK s~sa~ US i9anh NA Case Number vs. 2008-8050 Steven t. Wilson SHERIFF'S RETURN QF SERVICE 04108/2010 05:28 PM -Shawn Harrison, Deputy SheriN, who being duly sworn acoordtng to law, ~tatesthat vn x16/10 at 1726 hours, hs posted. a trw Copy of the vultltln Real Estate Writ, Notice, Poster and Descrl~lon, in the above entlltlaed aClbn, upon the pr~erly of Steven L. WNson, located at, 1408 Goodyesrl'~oad, Gardners, Cumberland County, Pennsylvania accordlrp to law. 04!0612010 05;29 PM • Shawn Hartiaon, Deputyt Sheriff, why being duly swum acoordhrg o law, states thaton 418M0 at 1728 hours, he posted a true Dopy of the withM Real i~ Wrlt, Notice, Poster and t7oacripbon, in the above entAlad aotlon, upon the property of Steven C. WNson, located at.1409 Goodyesr Rosri, Gandnea, Cumberland County. Pennsylvania pursuant to court order. SHERIFF COST: $872.82 April 30, 2010 SO ANSWERS. ~~"^`~`_ RON R ANDERSON, SHERIFF l4ca~s,n.a~mirt Trteow.t h+e ~zh~b~~~~1:J ,, _ . SHAPIltC} & I~eIvARQO, LLC BY: LE"~LLB .fi. RASF, CSQUIRE ATTQRNEY I:D. NO: PA I3ar # S83G5 3640 I-iORIZaIV I7RIVL, SUITE 1~U KING OF PRUSSIA, P~ I94t)6 'fELI/I'HONL: (G10}278-G80ff S & D FILIr NO.07-3027 U.S, Bank, N.A., as 't'rustee fnr tlxe registeresi hcttd~rs of MAS'I'R Asset Backed 5ecurtitrs Trust 2005-WMGI~ Murtga~e Pass-Thttfuglt CertiCicafes I'LAINTII" C~ ; VS. F Unlnotivn, I3eirs, Successors, t~ssigns~ And f All Persons, Firms, Or Assaciakons Clziimin~ It.igltt, Title Or Interest From Clr Under ; Steven L. ~N'lson, deceased:': ; DEFENL}ANT C~` ~~~ COUR"t' OF COMMON PLEAS CIVIL DIVISION CUMT3LRLANI~ CtJUNTY NO: 09-GU50-CIVIL AFI~ I1~AVI`I' t3F SERVTC)~' ~ ~. ~. ,..~ I, Lisa 3 osik, the untersigneti, bt;ir7~, duf}= s~~vort accgrditi~; tc~ Ia~v, Itereby depose and say thAt ott tltc: I!I'~' dayofDecember, 2UU9, pursuant tv the Orddr of Court, attached ~s Izxhibit.,A=" I served a true and correct copy nfthe-Notice of Sale in ttic above-captioned matter to the Dcfrndant(s) iisteci below at the address provided by pttUfieation: ira a Icgal pubtcatit]n designated' by tl~c coiut fortlte publication o#' teal ncstices And in titre newspaperof't;~:ncral cireulatican within Cumberlarcl Craunty. Proof ot'sad .publications an: attacttcd us Exhibit "B " Unknown, Heirs, Successors, Assigns, And All Persons, Firms, C7r l~ssociatians Claiming tti~ltt, Title (7r Interest Froth Clr Under Steven l.. Will®n, c14.ccasccl, 1~1~9 tauod}~etar flood, Ct-rdners, PA 173?~l Sl-l~1P[IlU & I7eN~-RD+CI, L'LC ~~'~ BY: _ Lisa FCosk, Lelal 1lssistant to f'~ttorney ('~r Plaintiff l hereby verif~~ that the statenaenks made herein are true and correct to the best of my knowledge, information-tend belie{'and tladt this At'fidavit of Service is made subject to the pent:}ties oC 1 S Ptt. C.S. Sec. 4t?t34 relaiing; to unsworn faisi~caticsn to authacities. l ./ PLAINTIFF . VS. ' Unknown, Heirs, Successors,. Assigns, And All Persons, Finns, Or Associations: Claiming. ; Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT ; 0~ 0 7 X009 ~ ~r 3600 HORILON DRNE, SUITE 150 COURT OF COMMON PLEAS U.S. Bank, N:A., as Trustee for the'registered CN1L DIVISION holders of MASTR Asset Backed Securities ~ CUMBERLAND COUNTY .. .. Trust.2005-WMC1, Mortgage Pass-Through ; Certificates ~ NO: 09-6050-CIVIL SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY LD. NO: PA Bar ~ 8"7137 ORDER AND NOW, this ~ day of ~~~Fah tR , 2009, upon consideration of Plaintiffs Motion For Service Pursuant To Special Order Of Court and the Affidavit of Good Faith Investigation .attached. hereto, it is hereby ORDERED"that service of the Complaint in Mortgage Foreclosure, Notice of Sale, and all subsequent pleadings that require personal service only, on Defendant, Unknown, Heirs, Successors, Assigns, And Ail Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased, shall be complete when Plaintiffor its counselor agent haspublished a true and correct copy of the Complaint in Mortgage Foreclosure, Notice of Sale, or any subsequent pleadings in the legal publication designated by the Court for the publication of legal notices and in one newspaper of general circulation within Cumberland County and the Sheriff has posted a true and correct copy of the Complaint in Mortgage Foreclosure, Notice of Sale and or any subsequent pleadings on the most public part of the mortgaged premises located at 1409 Goodyear Road, Gardners, PA 17324. TRl!~ c;~~~r ~~r>~ ~;~~v~~u In Testimony r~:;er_e1', ~ 1, ~rP ~~.-te set my hand and the seal cl ~~d Ca:;ri at tariis!~, Pa. This .. .... ~:. day. f. ~........, • •~r onotary BY THE COURT: ~/ PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Iames IQeinklaus, Director of Sales and Marketing, of The Sentinel, of the County and State. aforesaid, being duly sworn, deposes and says. that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13u+,1881,.sin~e which date TIC SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed .and published in the regular editions and issues of THE SENTINEL on the following day(s): member 14, 2009 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. My commission expires: CgMMONWEALrF1 OF PE1wVSY~.L~A1J~~i NOTARIAL SEAL BAMBI ANN HECKENt>ORN; Notary Punic Camp t~q Boro., Cumtrerland Counter My Comm~ssian Expires January 27,2014 I Notary Public ~• ~ Sri PROOF OF PUBLICATION AF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587,. approved May T6, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. Lisa Marle 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 Z, 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 December 18, 2009 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legs! periodical of general circulation, and that he is not interested in the subject matter of the aforesaid. notice or advertisement, :and that.all allegations in the. foregoing statements as to time, place and character of publication are true. isa Marie Coyne, Editor SWORN TO AND SUBSCRIBED before me this 18 day of December. 2009 / . Notary itiOTAR1AL SEAL DEBORAH A COLIiNS NOtOry Pub'ia G4RLi5lE 60R0, CU~d6"ciilAND COUNTY My Commission Expires Apr 2S, 20.10 ~..r CUMBERLAND LAW JOURNAL 1fOTICD O! AGTIOIf IIit >tso>irrowaa Fox~crositr~ Tn the Court of Coaunoa Pleas of Cumberland County, Pennsylvania Civil Action-Law NO.09-6050-GML U.S. Bank, N.A., as 1Yvstee for the reg<stered holders of MASTR Asset Backed 8ecurittes Trust 2005-WMC1, Mortgage Pass- . Through Certificates, Plaintiff vs: Unknown, Heirs, Successors. Assig<-s, And All P~eraons, Firms, Or Assodatians Cleimirtg Right. Tide Or interest Prom Or Under Steven L. Wilson, deceased, Defendant(s) NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Unlmowa, Heirs, Successors, As. aigna, And All Persons, Firms. Or Assodeitions Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased, Defendant(s). whose last known address is 1409 Goodyear Road, Gardners, PA 17324. Your house (real estate) at: 1409 Goodyear Road, Gardners, PA 17324, 08-16-0210-023, is aeheduled to be sold at Sherlif's Sale on June 2, 2010 at: Cumberland County SheriB's Of- flce, 1 Courthouse. Square, Carlisle, PA 17013, at 10:00 A.M. to enforce the court judgment of 860,696.07 ob• tamed by U.S. Hank, N.A., as Trustee for the registered hoklers of MASTR Asset Bacloed Securities Trust 2005- WMC1, Mortgage Pass-Through Cer- tificates against you. PROPERTY DESCRIPTION: ALL THAT CERTAIN picot, parcel or tract of land, situate, lying and being in Dicldnsoa Township, .Cumberland County. Pennsylvania, more particu- Iarly bounded, liaoited and described sa follows. to wit: HOUNDED on the West by property now or formerly of Robert Barbour, oa the South by property now or formerly of the Es- fate of Foster Rocket'; on the East by property now or fonaerly of Howard Starner; and on the North by property now or formerly of Earl King; hav- ing awidth on the North and South ends of 100 feat, more err less. and extending in depth on the West aWe of 550 feet, more or less, and. on the East. aide 575 feet, more or kss, and being improved- with a frame house kaoarn aaQaumbered as R.D. No. 2, Hox 14ZB, 0~ardtiers, Peatuylvania 17324. BEING THE SAME PREM- ISES which Grayson P. Showers, widow, by Doed dated November 3, 1995 and recorded November 9,1995 in the OIAce of the Recorder of Deeds in and for Cumberland County, Pennsylvada m Record Hook 130, Page 1136, granted end wnveyed unto Zma M. Wilson, Grantor herein, her heirs and assip~s. AND THE SAID Zeno M. Wilson has since married and is now known as Zeaa M. Keys. AND THE $AID Scott A. Keys, hus- band of Zeno M. Keys, joins in this Deed waiving all dhis sight, title, end interest in or to the herelndeseribed property. UNDER AND SUBJECT TO an Easement Agreement dated August 28, 1995 and recorded No- vember 6, 1995 in Record Boole 307, Page 837. BEING the saau premises which Zeno M. Wilaoa, now by mar- riage Zma M. Keys and Scott A. Keys, wife .and husband, by Deed dated December 27, 2004 and recorded in the Cumberland County Recorder of Deeds Oilice on Deonmber 29, 2004, granted and conveyed unto Steven L. Wilson, a married parson. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE 4 ~, w CUMBERLAND LAW JOURNAL To prevent this Sheriffs Bale for your house. A schedule of dis- you must take immodiate action: I. trlbution of the tnonry bM for your The sale wt11 be amcxlled if you pqy house will be tiled by the Sheriff no back to U.B. Hank, N.A., as Trustee later than thirty days otter the Bheriff for tha regista~ed holders of MA8TR Sale. This schedule wIIl state who will Asset Baclaed Securities Trust 2005- be receiving. the. money. The money WMCl, MortgsgePars-Through Car- wlll be paid out in accordar,cx with tiScates the amount of the judgment this schedule usiless e~cep~iats (rea- plus c~ostsoe the back paymeats, late sons why the proposed distribution charges,. costs, aad rp~sonabk attor- is wrong) are Sled with the Sheriff Heys fees due. To $nd out how much within ten (10) days alter the date of you must pay, you may call: (610) Sling o[ said schedule. 11. You may 718.6800. Z. You may be able to stop also have other rtghts and defenses the sale by Sling a petition asking or ways of getting your house back. the Court to strike or open the judg- if you act imanediatdy oiler the sale. meat, if the judgment was improperly YOU SHOULD TAKE THIS PAPER entered. You may ahw ask the Court TO YOUR LAWYER AT ONCE. IF to postpone the sale for good cause. YOU DO NOT HAVE A LAWYER OR 3. You may ba able to stop the sale CANNOT AFFORD ONE, 00 TO OR through other legal proceedings..:4. TELEPHONE THE OFFICE LISTED You may seed an attorney to assert BELOW TO FMD OUT WHERE YOU your. rights. The sooner you. Contact CAN OET LEOAL HELP. oae, tha more chance you will have of Cumberland County stopping the sale. (See notice bekrw Lawyer Referral Service on how to obtain an attornry.) YOU Cumberland County Bar MAY BT1LL 8E ABLE TO SAVE YOUR Associatioa PROPERTY AND YOU HAVE OTHER 32 8. Bedford St. RIOHTS EVEN IF THE SHERIFF'S Carlisle, PA 17013 SALE DOES TAKE PLACE. S. If the ('717) 249-3166 Sberitl's Bale is not stopped, your PURSUANT TO THE FAIR DEBT property will be sold to the highest COLLECTION PRACTICE8 ACT YOU bidder. You may Snd out the price ARE ADVISED THAT THl3 LAW bid by calling (810) 278.6800.6. You FIRM I8 DEEMED TO BE A DEBT may be able to petition the Court to COI.LECCOR ATTEMP'l`INO TO COL set aside the sale if the bad pricrwas LECT' A DEBT. ANY INFORMATION grossly inadequate cwmpared to the OBTAINED WILL BE USED FOR value of your property. 7. The sale THAT PURPOSE. will go through only if the buyer pia LESLIE J. RASE, ESQUIRE the BhertB'the fu11 amount due in the 8HAP1R0 8i DeNARDO, LLC sale. To Snd out if this has happened Attorneys for Plaintiff you msy call {717) 240-6390.8. If the 3600 Horizon Drive amount due from the buyer is not Suite 150 paid to We Sheriff, you will remain King of Prussia, PA 19406 the owner of the. propergr as if the (610) 278-6800 sale sever happened. 9. You have a Dec. 18 right to tYmsiu in the property until the full amount due is ppa~id to the Sheriff utd the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proocedings to evict you. 10. You may be entitled to a share of the monry, which was paid 5 ~'un. 7~"i4i 2°~~~1 CD1t1tMANW~At,TN" OF PENNSYLVANIA CQUNTY CAF CUiiFlQERLAN SNDRT GERTlftt:A'1'E ~. 72~g,~t~r fdr i:h~ PrcabaGe o€ t~:i.t.ts a1~d Gr~n~ing Lettez-s csf Admire i ~ bra tiara in and fax ~'U1-1~1u~1a'C'~ ~'ounCy, clc~ hexeiby certify C1~at on the 9 ~ day cif J'~nuary, Tlsousand and T,en, Lett~r~ TESTA;M~N7ARY ,era cccxn .taxtt~ were gr,~nie~d by the Regzster of ~~.~ tt ~'zaun Cy, on ~?~~ esta~~ ~f STEVENLE~iUY1N1L5(?M5f3 , Ia~:e v.i` 1?IGKtNSC3N ~'(UWiVSN//' tt~ti~. ;taru~ tasU a ~'~/~ S rEVEN L tr4llL S~7N i» sa~.d cccrr~CY, deceased, ~:d CA7`HYELAINE WlLSt)lV r/.rr,, Ater Darr Vinci that ~ra~rte ~h~a~ nc~t s,fn~e b~ex~ revo3ced. .T'N r~sTr.MCa~rY ta~IIEREs`[33F', ,~ hue 1a~:reunCa seC. my hand and affi.~ced the sea.1 gf ~a;f d r~ff.i ce ~ ~ ~ARL.TSL~, .pENN'YL,ttAlIiIA, Gh.f s ~~ ~h day of January I"Cr T1rc~u~aneI c~r'1d Tin. Fzle Nt~. PA Fa, 3 ~ 1Vo . Date cif ~e~'~h ~.5. 2fl ~(?- t7AE7t?«~i ~' 1- ~l3- atIQ6 1/2212t7t39 190-5~- %88~ ~.-~-- ti;lxsytsxar tat wr~xv _ /j Nt3~' VALID ~~.TTN(.3~JT ORIG,~t+IAL S.T~IV'AfiUR&' AND ~MPR~SSELt SEAL ~xh„b~'f ~~,pr ProVest, LLC Affidavit of Good Faith Investigation Client provided information: File Number: 07-30273 Attorney Firm: SHAPIRO & DENARDO, LLC (PA) Subject Name: Cathy Wilson Property Address: Street: 1409 GOODYEAR ROAD City: GARDNERS State: PA Zip 17324 Skip Results: Date of Birth: None Found ProVest File Number: 2562987 Last Known Dates: As of 7/2 3120 1 0 Street: 1490 Goodyear Road Phone: City: Gardners State: PA Zip: 17324 Death Records: As of 7/23/2010, the Social Security Administration has no death record on file for Cathy Wilson. Social Security Number Search Completed. Employment Search: Unable to verify current employer. Cr~itor Information: Creditors indicated the last reported address for Cathy Wilson as 1490 Goodyear Road, Gardners, PA 17324. Department of Motor The Pennsylvania Department of Motor Vehicles provided no change for Cathy Wilson from Vehicle Records: 1490 Goodyear Road, Gardners, PA 17324. Public Licenses (Pilot, Search performed provided no information. Real Estate, etc): Voter Registration The County Voters Registration Office has no listing for Cathy Wilson. Information: National Postal Has no change for Cathy Wilson from 1490 Goodyear Road, Gardners, PA 17324. Address Search: Military Search: There was no active military status found. Comments: 717-486-8626: Called possible neighbor, Timothy Barnhart, there was no answer. 717-486-5184: Spoke with possible neighbor, Walter Slusser, does not know defendant. 717-486-7408: Called possible neighbor, Edward Smith, there was no answer. On 7/23/2010, I, Paul Calvagna being duly sworn according to the law, deposes and says: I am employed by ProVest, LLC. I have conducted an investigation into the whereabouts of the above named subject. Above are the results of my investigation. f, .~~ ~- __ - {- J ~ ~r _ ___ __. Affiant Name: Paul Calvagna Subscribed and sworn tai before me, Notary Public Date: 7/23/2010 ,!Ul,tE J. VAZ ~': E~ises9U51Zp41 nl~~~ FbAda FlntaryAS9M1.. MtC CYl11[J~ "~// IN THE COMMON PLEAS COURT OF ADAMS COUNTY PENNSYLVANIA U.S. BANK, NA, AS TRUSTEE FOR THE REGISTERED HOLDERS OF MASTR ASSET BACKED SECURITIES TRUST 2005-WMC1, MORTGAGE PASS-THROUGH CERTIFICATES; et seq. Plaintiff (Petitioner) V. UNKNOWN, HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT TITLE OR INTEREST FROM OR UNDER STEVEN L. WILSON, DECEASED ; et al. Defendant (Respondent) CASE and/or DOCKET No.: 09-6050-CIVIL Sheriffs Sale Date: 9/8/2010 AFFIDAVIT OF SERVICE Complaint Summons ~ Other: NOTICE OF SHERIFF'S SALE I, RYAN MARKS, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party ,and that I served and made known to the person served, CATHY WILSON; et al. the above process on the 9 day of August, 2010, at 11:00 o'clock, AM, at 1.409 GOODYEAR ROAD GARDNERS , PA 17324 ,County of Adams, Commonwealth of Pennsylvania: Manner of Service: Defendant was not served because: ~ Moved ~ Unknown ~ No Answer 0 Vacant Other: PROPERTY IS VACANT, ELECTRIC OFF, CONFIRMED WITH MAIL CARRIER PROPERTY IS VACANT BUT DEFENDANT STILL RECEIVES MAIL AT PROPERTY, EVEN THOUGH SHE NO LONGER RESIDES. Service was attempted on the following dates/times: 1) 2) Commonwealth of Pennsylvania ) SS: County of Adams ) 3) Before me, the undersign notary public, this day, personally, appeared i2.~w~ Maw kt to me known, who being duly sworn accord g to law, deposes the following: I hereby swear or r~that the facts set forth in the foregoing Affidavit of Service are true and correct. of Affiant) File Number:07-30273 Subscribed and worn to before me this ~~ day ~ , 20lO COMMONWEALTH OF PENNSYLVANIA Notarial Seai Eric M. Afflel'baCh, Notary Public Washington Twp., Becks County My Commission Expires Nov. 18, 2013 ~hibif"F'~~ Notary Public IN THE COMMON PLEAS COURT OF ADAMS COUNTY PENNSYLVANIA U.S. BANK, NA, AS TRUSTEE FOR THE REGISTERED HOLDERS OF MASTR ASSET BACKED SECURITIES TRUST 2005-WMCl, MORTGAGE PASS-THROUGH CERTIFICATES; et seq. Plaintiff (Petitioner) V. UNKNOWN, HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT TITLE OR INTEREST FROM OR UNDER STEVEN L. WILSON, DECEASED ; et al. Defendant (Respondent) CASE and/or DOCKET No.: 09-6050-CIVIL Sheriffs Sale Date: 9/8/2010 AFFIDAVIT OF SERVICE Complaint ~ Summons ~ Other: NOTICE OF SHERIFF'S SALE I, RYAN MARKS, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party ,and that I served and made known to the person served, CATHY WILSON; et al. the above process on the 9 day of August, 2010, at 11:05 o'clock, AM, at 1490 Goodyear Road Gardners, PA 17324 ,County of Adams, Commonwealth of Pennsylvania: Manner of Service: Defendant was not served because: ~ Moved 0 Unknown 0 No Answer ~ Vacant '~ Other: ADDRESS DOES NOT EXIST, THERE IS NO "1490" ON GOODYEAR RD, GARDNERS PA. CONFIRMED WITH MAIL CARRIER, THE NUMBERS ON THIS STREET ONLY GO UP TO 1480. ADDRESS DOES NOT EXIST. Service was attempted on the following dates/times: 1) 2) Commonwealth of Pennsylvania County of Adams SS: 3) Before me, the undersign notary public, this day, personally, appeared ¢y ~.n M~~~f to me known, who being duly sworn accord' to law, deposes the following: I hereby swear or File Number:07-30273 the facts set forth in the foregoing Affidavit of Service are true and correct. of Affiant) Subscribed an worn to before me this ~O d ` f A~~ , 20% COMMONWEALTH O Notary Public F PENNSYLVANIA Notarial Seal Eric M. Afl7erbach, Notary Public Washington Twp., Barks Courriy My Commission Expires Nov. 18, 2013 IN THE COMMON PLEAS COURT OF ADAMS COUNTY PENNSYLVANIA U.S. BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF MASTR ASSET BACKED SECURITIES TRUST 2005-WMC1, MORTGAGE PASS-THROUGH CERTIFICATES; et seq. Plaintiff (Petitioner) V. UNKNOWN, HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER STEVEN L. WILSON, DECEASED; et al. Defendant (Respondent) CASE and/or DOCKET No.: 09-6050-CIVIL Sheriff s Sale Date: 9/8/2010 AFFIDAVIT OF SERVICE Complaint 0 Summons ~ Other: NOTICE OF SHERIFF'S SALE 1, RYAN MARKS, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party ,and that 1 served and made known to the person served, CATHY WILSON; et al, the above process on the 12 day of July, 2010, at 3:15 o'clock, PM, at 218 MARION AVE CARLISLE , PA 17013 ,County of Adams, Commonwealth of Pennsylvania: Manner otService: Defendant was not served because: (J Moved ~ Unknown C] No Answer (~ Vacant L~l Other: NO ANSWER, NO RESPONSE TO CARD LEFT TO ARRANGE FOR SERVICE. UNCOOPERATIVE. Service was attempted on the following dates/times: 1) 7/9/10 1 I:55 AM 2) 7/10/10 8:42 PM 3) 7/12/10 3:15 PM Commonwealth of Pennsylvania ) SS: County of Adams ) Before me, the undersigned rotary public, this day, personally, appeared Qv~.a Nf~.-l~1' to me known, who being duly sworn according to la deposes the following: I hereby sweaz or File Number:07-30273 Subscribe nd sworn to before me this /f da of ~` ~_, 20 /o C:i :) P4i~NSYLVANIA Notary Public ' ::'.arv Ft:biiC _ _ "tire s County ~~ .,.. ; ,_- , n~rv. t8 2013 _ _ the facts set forth in the foregoing Affidavit of Service are true and correct. of Affiant) 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 July 7, 2010 Postmaster CARLISLE, PA 17013 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or name and street address (if a boxholder) for the following: NAME & ADDRESS: ADDRESS: Cathy Wilson 218 Marion Ave. Carlisle, PA 17013 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee or providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manua1352.44a and b. Capacity of Requester (e.g. process server, attorney, party representing himself): ATTORNEY. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute(s): N/A The names of all known parties to this litigation: U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass- Through Certificates vs. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest Frcm 4r Under Stever. L. Wiisot•., deceased 4. The court in which the case has been or will be heard: The Court of Common Pleas of CUMBERLAND County 5. The docket or other identifying number if one has been issued: 09-6050-CIVIL 6. The capacity in which this individual is to be served (e.g. defendant or witness): DEFENDANT WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. § 1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or pros~ive litigation. ^r ~ ~~. ; ~ j~ ADDRESS: Shapiro & DeNardo, LLC Signature 3600 Horizon Drive, Suite I50 Lisa Kosik King of Prussia, PA 19406 Legal Assistant S&D File Number: 07-30273 Q' 17 ~ ~ 3,9 FOR POST OFFICE USE ONLY ,L \\~~. ~ Good As Addressed/No change of address order on file. NEW ADDRESS or BOXH ER'S`~~T Not known at address given NAME and STREET ADD ~~ ~ Moved, le8 no forwarding address bb,0 vSQ~ No such address Exh~b~' ~~~~ 1 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 August 4, 2010 Postmaster GARDNERS, PA 17324 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or name and street address (if a Boxholder) for the following: NAME & ADDRESS: ADDRESS: Cathy Wilson 1490 Goodyear Road Gardners, PA 17324 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for Boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing Boxholder information. The fee or providing change of address information is waived in accordance with 39 CFR 265.6(dxl) and (2) and corresponding Administrative Support Manual 352.44a and b. 1. Capacity of Requester (e.g. process server, attorney, party representing himself): ATTORNEY. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute(s): N!A The names of all known parties to this litigation: U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMCl, Mortgage Pass- Through Certificates vs. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Stcven L. Wilson, deceased 4. The court in which the case has been or will be heard: The Court of Common Pleas of CUMBERLAND County 5. The docket or other identifying number if one has been issued: 09-6050-CIVIL 6. The capacity in which this individual is to be served (e.g. defendant or witness): DEFENDANT WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES INCLUDING A FINE OF UP TO 510,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. §1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or prosp~tive litigation. 'i ADDRESS: Shapiro & DeNardo, LLC Si store 3600 Horizon Drive, Suite 150 Lisa Kosik King of Prussia, PA 19406 Legal Assistant S&D File Number: 07-30273 FOR POST OFFICE USE ONLY Good As Addressed/No change of address order on file. NEW ADDRESS or BOXHOLDER'S POSTMARK _ Not known at address given NAME and STREET ADDRESS _ Moved, left no forwarding address No such address ~~ , ~~ AU6 1 ~ 2U1Q 3600 Horizon Drive, Suite 150 King of Prussia, PA 19406 August 4, 2010 Postmaster GARDNERS, PA 17324 Request for Change of Address or Boxholder Information Needed for Service of Legal Process Please furnish the new address or name and street address (if a boxholder) for the following: NAME & ADDRESS: ADDRESS: Cathy Wilson 1409 Goodyear Road Gardners, PA 17324 NOTE: The name and last known address are required for change of address information. The name, if known, and post office box address are required for boxholder information. The following information is provided in accordance with 39 CFR 265.6(d)(6)(ii). There is no fee for providing boxholder information. The fee or providing change of address information is waived in accordance with 39 CFR 265.6(d)(1) and (2) and corresponding Administrative Support Manua1352.44a and b. 1. Capacity of Requester (e.g. process server, attorney, party representing himself): ATTORNEY. 2. Statute or regulation that empowers me to serve process (not required when requester is an attorney or a party acting pro se - except a corporation acting pro se must cite statute(s): N/A 3. The names of all known parties to this litigation: U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMCl, Mortgage Pass- Through Certificates vs. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased 4. The court in which the case has been or will be heard: The Court of Common Pleas of CUMBERLAND County 5. The docket or other identifying number if one has been issued: 09-6050-CIVIL 6. The capacity in which this individual is to be served (e.g. defendant or witness): DEFENDANT WARNING THE SUBMISSION OF FALSE INFORMATION TO OBTAIN AND USE CHANGE OF ADDRESS INFORMATION OR BOXHOLDER INFORMATION FOR ANY PURPOSE OTHER THAN THE SERVICE OF LEGAL PROCESS IN CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENAL'I7ES INCLUDING A FINE OF UP TO $10,000 OR IMPRISONMENT OR (2) TO AVOID PAYMENT OF THE FEE FOR CHANGE OF ADDRESS INFORMATION OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18 U.S.C. §1001). I certify that the above information is true and that the address information is needed and will be used solely for service of legal process in connection with actual or pro ective litigation. 1 ~~ 1~ : ADDRESS: Shapiro & DeNardo, LLC rgnature 3600 Horizon Drive, Suite 150 Lisa Kosik King of Prussia, PA 19406 Legal Assistant S&D File Number: 07-30273 FOR POST OFFICE USE ONLY Good As Addressed/No change of address order on file. NEW ADDRESS or BOXHOLDER'S POSTMARK Not known at address given NAME and STREET ADDRESS Moved, left no forwarding address No such address ~PP,pNFR O 4TO~~~ ~~ 1 z 2010 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates vs. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased VERIFICATION Christopher A. DeNardo, Esquire, hereby states he is the Attorney for the Plaintiff in this action, he is authorized to make this Verification, and that the statements made in the foregoing MOTION FOR SERVICE OF THE NOTICE OF SALE PURSUANT TO COURT ORDER are true and correct to the best of his knowledge, information and belief. The undersigned understands the statements herein are made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsworn falsification to authorities. Date: ~ ~~ SHAPIRO & DeNARDO, LLC BY: Christopher A. DeNardo S&D: 07-30273 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar ~ 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF VS. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6050-CIVIL MEMORANDUM OF LAW Pennsylvania Rule of Civil Procedure 430(a) specifically provides: (a) If service cannot be made under the applicable rule the Plaintiff may move the Court for a special Order directing the method of service. The Motion shall be accompanied by an Affidavit stating the nature and extent of the investigation which has been made to determine the whereabouts of the Defendant and the reasons why service cannot be made. Note A Sheriffs Return of "Not Found" or the fact that a Defendant has moved without leaving a new forwarding address is insufficient evidence of concealment. Gonzales vs. Polis, 238 Pa. Super. 362, 357 A.2d 580 (2076). Notice of intended adoption mailed to last known address requires a "good faith effort" to discover the correct address. Adoption of Walker, 468 Pa. 165, 360 A.2d 603 (2076). An illustration of a good faith effort to locate the Defendant includes (1) inquiries of postal authorities including inquiries pursuant to the Freedom of Information Act, 39 C.F.R. Part 265, (2) inquiries of relatives, neighbors, r friends and employers of the Defendant and (3) examinations of local telephone directories, voter registration records, local tax records, and motor vehicle records. As reflected on the attached Return of Service, the attempts to serve Cathy Wilson, Administratrix of the Estate of Steven Leroy Wilson, Sr., aka Steven L. Wilson, with the Notice of Sheriffs Sale in accordance with Pa R.C.P. 3129.2(c)(1)(i)(A) have been unsuccessful. See Ex. "G." Good faith efforts to discover the whereabouts of Cathy Wilson, Administratrix of the Estate of Steven Leroy Wilson, Sr., aka Steven L. Wilson, have been made, as evidenced by the numerous inquiries set forth in the attached Affidavit of Good Faith Investigation. See Ex. "F." As reflected in the Affidavit of Good Faith Investigation, inquiries have been made to the following persons and entities: 1. Defendant's creditors; 2. Directory Assistance; 3. Defendant's neighbors; 4. United States Postal Service; 5. Pennsylvania Department of Transportation, Driver and Vehicle Services; and 6. Pennsylvania State Vital Records Office. See Ex. "F." Inquiries have also been made to public record databases on the Internet, the County voter registration records, and the County tax assessment records. See Id. Despite all of the foregoing inquiries, Plaintiff has not been able to determine Cathy Wilson's present location. Based on the foregoing, it is more likely than not that Ms. Wilson maybe avoiding and/or evading personal service of the Notice of Sheriffs Sale. .• Plaintiff respectfully requests this Honorable Court enter an Order allowing Plaintiff to serve the Notice of Sale on Cathy Wilson, Administratrix of the Estate of Steven Leroy Wilson, Sr., aka Steven L. Wilson by (1) sending true and correct copies thereof by simultaneous certified and regular mail to the last known addresses located at 1409 Goodyear Road, Gardners, PA 17324 and 218 Marion Ave., Carlisle, PA 17013; and (2) posting a true and correct copy thereof on the mortgaged property located at 1409 Goodyear Road, Gardners, PA 17324 by the Sheriff or any competent adult. Respectfully submitted, SHAPIRO & DeNARDO, LLC Date: ~ ~ ~~ BY: _ Gam, Leslie J. Rase, Esquire Attorney for Plaintiff ~" SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF VS. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6050-CIVIL CERTIFICATE OF SERVICE I hereby certify that I have served a true and correct copy of the Motion for Service Pursuant to Court Order, Verification, Memorandum of Law, and proposed Order on ~ ~'~~/U to all parties named herein at their last known address or upon their attorney of record as below listed by regular mail, postage prepaid: Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased, 1409 Goodyear Road, Gardners, PA 17324 Cathy Wilson, Administratrix of the Estate of Steven Leroy Wilson, Sr., aka Steven L. Wilson, 1409 Goodyear Road, Gardners, PA 17324 218 Marion Ave., Carlisle, Pa 17013 SHAPIRO & DeNARDO, LLC Date: ~ y ~` lU BY: -' 4a~. Leslie J. Rase, Esquire Attorney for Plaintiff SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities ; Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6050-CIVIL SEP 0 2 2010 VS. ; Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming m Title Or Interest From Or Under Right , Steven L. Wilson, deceased DEFENDANT G _ 57, . rn ' ORDER C . o = i AND NOW, this 31j day of *Ito 4 , 2010, upon consideration of the Petition to Continue Sheriffs Sale of Real Property situated at 1409 Goodyear Road, Gardners, PA 17324 and after notice of the filing of said Petition to Defendant and Cathy Wilson, Administratrix of the Estate of Steven Leroy Wilson, Sr., aka Steven L. Wilson, it is hereby ORDERED that the Cumberland County Sheriffs Sale on the aforementioned real property scheduled for September 8, 2010 be continued to December 8, 2010 at the location previously noticed on all parties without further advertising or notice necessary; and it is further ORDERED that the Cumberland County Sheriff announce said continuance at the Sheriffs Sale on September 8, 2010. Co f BY THE COURT: P J. ?l3 rv ?. SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF' VS. Unknown Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6050-CIVIL :. G ;J t7 -o LV T n L n ?.. rv ORDER AND NOW, this day of 2010, upon consideration of Plaintiffs Motion for Service Pursuant to Court Order, Affidavit of Good Faith Investigation and Memorandum of Law is support thereof, and any response thereto, it is hereby ORDERED A DECREED that Plaintiff may serve the Notice of Sale on Cathy Wilson, Administratrix of the Estate of Steven Leroy Wilson, Sr., aka Steven L. Wilson, by (1) sending true and correct copies thereof by simultaneous certified and regular mail to the last known address located at 218 Marion Ave., Carlisle, PA 17013, and 1409 Goodyear Road, Gardners, PA 17324; and (2) posting a true and correct copy thereof on the mortgaged property located at 1409 Goodyear Road, Gardners, PA 17324 by the Sheriff or any competent adult. Service of the aforementioned mailings is effective upon the date of mailing and is to be effectuated by Plaintiffs attorney, who will file with the Prothonotary's Office a Certificate of Service as to such mailings. 11 vnALLcl, q /ro BY THE COURT: IN THE COMMON PLEAS COURT OF CUMBERLAND COUNTY PENNSYLVANIA U.S. BANK, NA, AS TRUSTEE FOR THE REGISTERED HOLDERS OF MASTR ASSET BACKED SECURITIES TRUST 2005-WMCl, MORTGAGE PASS-THROUGH CERTIFICATES; et seq. Plaintiff (Petitioner) V. UNKNOWN, HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT TITLE OR INTEREST FROM OR UNDER. STEVEN L. WILSON, DECEASED ; et al. Defendant (Respondent) n Complaint ~ Summons ~ Other: AFFIDAVIT OF SERVICE _~ '~ ~~ ..t"+ ~o ~,~ t~ ,~ ....~ _.~, .~- ~..ra ,~-'~ •;„~ ~~_ ~~ ~ri x_ ~~ 3~ ~~ I, RYAN MARKS, certify that I am eighteen years of age or older and that I am not a party to the action nor an employee nor relative of a party ,and that 1 served and made known to the person served, CATHY WILSON, ADMINISTRATRIX OF THE ESTATE OF STEVEN LEROY WILSON, SR., AKA STEVEN L. WILSON ; et al. the above process on the 23 day of September, 2010, at 12:00 o'clock, PM, at 1409 GOODYEAR ROAD GARDNERS , PA 17324 ,County of Cumberland, Commonwealth of Pennsylvania: Manner of Service: U By posting a copy of the original process on the most public part of the property pursuant to an order of court Service was attempted on the following dates/times: ]) 2) Commonwealth of Pennsylvania County of Cumberland )' SS: 3) Before me, the undersigned notary public, this day, personally, appeared ~,,.. MR.~itf to me known, who being duly sworn accordi~g to law, deposes the following: I hereby swear or aff ir~~that the facts set forth in the foregoing Affidavit of Service are true and correct. of Affiant) File Number:07-30273 CASE and/or DOCKET No.: 09-6050-CIVIL Sheriffs Sale Date: 6/2/2010 Subscribed an worn to before me this ZY day .S'-c~-l- , 20 /O Notary Public ~r'~C~;?!'•~'U't~""+.r's _'~~!"~f Ol= Ptinl~aYLVANIA tai le ~ ~ ~. t3E.-/5 ~01lfity :'~/ C ' Dui Nr,r. 1i3, 2013 __~ ~ k .f ^~ SHAPIRO & DeNARDO, LLC - "~ C ` ,~ , ~ ~ - ~ ,- BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 ~Q~Q ~~'~' -3 ~i ~ ~'~ ~~ 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA PA 1940b r;~~~~k h~r;~Q COU~1T~t' , TELEPHONE: (610)278-6800 ',`-~`~``'~~'~~'~~~~'~' S & D FILE N0.07-30273 U.S. Bank, N.A., as Trustee for the. registered ; COURT OF COMMON PLEAS holders. of MASTR Asset Backed Securities CIVIL DIVISION Trust 2005-WMC1, Mortgage Pass-Through ~ CUMBERLAND COUNTY Certificates PLAINTIFF ~ N0:09-6050-CIVIL VS. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased ; DEFENDANT VERIFICATION OF SERVICE BY CERTIFIED MAIL AND REGULAR MAIL PURSUANT TO COURT ORDER The undersigned hereby verifies that she is a legal assistant for Plaintiff in the above case and that pursuant to the attached Court Order she has mailed a true and correct copy of the Notice of Sale in the above-captioned case to Defendant by certified and regular mail, to the last known address of said Defendant as follows; Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased, 1409 Goodyear Road, Gardners, PA 17324 on September 20, 2010 as evidenced by the receipts of mailing attached hereto and. made a part hereof. I verify that the statements made herein are true and correct and I understand that false statements made herein are subject to the penalties set forth in 18 Pa. C.S. Section 4904, relating to unsworn falsification to authorities. DATED: ~~ - ~ -1 Q SHAPIRO & DeNARDO, LLC I l ~J -~C;; l ~Ot~. L YU~ BY: Meghan illiams Legal Assistant 07-30273 r, s~ ~';. !. f. ,C z ($ ~v SE.P 2~ 19448 ~ 00 43146i~ ZIPGODE ppA1LED FRAM ~ ~ ~ ~ ct~ N I~ ~ W Z ~ N +~ ~~ cd ~~ d ~' ~ ~ V~ Q ~~~ a n~ ~ .~ ~ ~ ?~ a d ~-.' '~ ~ ~ ~~ ~ ~°a ~~~ ~•oa ~~ ~ ~, ~ "' ~ `~ a I~; ~, ~- 4 ~~ cry ~' Ca 0 M N r+ ,d ~a r ~ ~ M o ~ ~ I~ C7 a 9 J :®" p~TNEY 8Q~ ~`y 4 O ~2 ,~. Bi0 SE' ~°~~OS ~OQ4~1 ~.~,.wa 7tPG4DE 19 ~,aaa ^e9~c 6oaz 22,0 DE62 ____~_------- -- _ : ~~a~bZ ROOD 0$9~ baaZ {,Et-a r a 11 ?? i ?ay"I'r? r 1 + t r SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMCI, Mortgage Pass-Through Certificates PLAINTIFF VS. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT tu 1; 10 COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6050-CIVIL PLAINTIFF'S PETITION TO CONTINUE SHERIFF'S FORECLOSURE SALE ON REAL PROPERTY Plaintiff/Petitioner, U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMCI, Mortgage Pass-Through Certificates ("Plaintiff'), by and through its counsel, Shapiro & DeNardo, LLC, hereby files this Petition To Continue Sheriffs Foreclosure Sale On Real Property, and in support thereof, avers as follows: Plaintiff filed its Complaint in Mortgage Foreclosure on real property situated at 1409 Goodyear Road, Gardners, PA 17324 (the "Property") against Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased ("Defendant") on September 4, 2009. Plaintiff entered Judgment against Defendant in the above mortgage foreclosure action on December 3, 2009. _0 2. Plaintiff initially scheduled its Sheriff s Sale of the Property for June 2, 2010 and continued again until December 8, 2010. 3. Upon learning that service of the Notice of Sheriffs upon Defendant had not been effectuated, Plaintiff requested a postponement of the Sheriff s sale to December 8, 2010. 4. Plaintiff has still been unable to serve the Notice of Sheriffs Sale upon Leinholders. 5. Plaintiff respectfully requests that this Honorable Court grant Plaintiffs Petition to Continue the Sheriff s Sale from December 8, 2010 to March 2, 2011. 6. Said continuance will in no way prejudice Defendant. WHEREFORE, Plaintiff respectfully requests that this Honorable Court grant Plaintiffs Petition to Continue the Sheriff s Sale from December 8, 2010 to March 2, 2011, without further advertising, costs or notice. Respectfully submitted, SHAPIRO & DeNARDO, LLC BY: ?°. Leslie J. Rase, Esquire Attorney for Plaintiff 07-30273 I SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE; ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 US. Bank, N.A., as Trustee for the registered COURT OF COMMON PLEAS holders of MASTR Asset Backed Securities CIVIL DIVISION Trust2005-WMC1, Mortgage Pass-Through CUMBERLAND COUNTY Certificates PLAINTIFF NO: 09-6050-CIVIL VS. Unknown, Heirs, Successors, Assigns, And All Persons, Firms; Or Associations Claiming Right, Title Or Interest From Or. Under Steven L. Wilson, deceased DEFENDANT ; AMENDED AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMCl , Mortgage Pass-Through Certificates, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 1409 Goodyear Road, Gardners, PA 17324. L. Name and address of Owner(s) or Reputed Owner(s) Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased 1409 Goodyear Road Gardners, PA 17324 2. Name and address of Defendant in the judgment: Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased 1409 Goodyear Road Gardners, PA 17324 3. Name and last known address of every. judgment creditor whose judgment is a record lien on the real property to be sold: a U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates c/o Ocwen Loan Servicing, LLC 1661 Worthington Road West Palm Beach, FL 33415 Commonwealth of PA, Dept. of Revenue #280946 Bureau of Compliance Harrisburg, PA 17128-0946 Brenda Quayle c/o Erie Insurance Group P.O. Box 2013 Mechanicsburg, PA 1.7055 Cumberland County Adult Probation Courthouse, 3rd Fl. Rm. 302 1 Courthouse Square Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC 1, Mortgage Pass-Through Certificates, Plaintiff c/o Ocwen Loan Servicing, LLC 1661 Worthington Road West Palm Beach, FL 33415 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates c/o Ocwen Loan Servicing, LLC 1661 Worthington Road West Palm Beach, FL, 33416 5 Name and address of every other person who has any record lien on the property: NONE 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCU13ANT 1409 Goodyear Road Gardners; PA 17324 Kathy Wilson 1409 Goodyear Road Gardners, PA 17324 Commonwealth of Pennsylvania Department of Revenue Inheritance Tax Division 1131 Strawberry Square, 6th Floor Harrisburg, PA 17128 Internal Revenue Service WM S. Moorehead Federal Bldg. Advisory 1000 Liberty Avenue, Room 704 Pittsburgh, PA 15222 Department of Public Welfare Estate Recovery Program, P.O. Box 8486 Willow Oak Bldg Harrisburg, PA 17105 Department of Treasuky Internal Revenue Service Center Cincinnati, OH 45999 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are ;made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC 1? NOY 'I U 2010 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered COURT OF COMMON PLEAS holders of MASTR Asset Backed Securities CIVIL DIVISION Trust 2005-WMC1, Mortgage Pass-Through CUMBERLAND COUNTY Certificates PLAINTIFF NO: 09-6050-CIVIL 1 5 Y'? VS• 1;•Yw ?3 Jyl ' 1 1 Unknown, Heirs, Successors, Assigns, And ' == ~; All Persons, Firms, Or Associations Claiming F 7_ Right, Title Or Interest From Or Under ' Steven L. Wilson, deceased r; DEFENDANT ORDER AND NOW this da of y 2010, upon consideration of Plaintiff s Petition to Continue Sheriffs sale on Real Property situated at 1409 Goodyear Road, . Gardners, PA 17324 and after notice of the filing of said Petition to Defendant, it is hereby ORDERED that the Cumberland County Sheriffs sale on the aforementioned real property scheduled for December 8, 2010, be continued to March 2, 2011, at the location previously noticed on all parties without further advertising or notice necessary; and it is further ORDERED that the Cumberland County Sheriff announce said continuance at the Sheriff s Sale on December 8, 2010; and it is further ORDERED that a copy of this Order shall be served upon Defendant via first-class mail, postage pre-paid. Y .:3 ;9 i +} SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE E 10: ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 c of .? q KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered COURT OF COMMON PLEAS holders of MASTR Asset Backed Securities CIVIL DIVISION Trust 2005-WMC1, Mortgage Pass-Through CUMBERLAND COUNTY Certificates PLAINTIFF NO: 09-6050-CIVIL VS. ; Unknown, Heirs, Successors, Assigns, And ; All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT AFFIDAVIT OF SERVICE I, Meghan gWilliams, the undersigned, being duly sworn according to law, hereby depose and say that on the 5 N?10 'Ovn?day of 2010, pursuant to the Order of Court, attached as Exhibit "A," I served a true and correct copy of the Notice of Sale in Mortgage Foreclosure in the above-captioned matter to the Defendant(s) listed below at the address provided by publication in a legal publication designated by the court for the publication of legal notices and in one newspaper of general circulation within Cumberland County. Proof of said publications are attached as Exhibit "B." Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased, 1409 Goodyear Road, Gardners, PA 17324 SHAPIRO & DeNARDO, LLC BY: Megh Williams, Legal Assistant to Attorney for Plaintiff I hereby verify that the statements made herein are true and correct to the best of my knowledge, information and belief and that this Affidavit of Service is made subject to the penalties of 18 Pa. C.S Sec. 4904 relating to unswom falsification to authorities. SHAPIRO & DeNARDO, LLC BY: ILANA ZION, ESQUIRE ATTORNEY I.D. NO. PA Bar # 87137 OCT 01 3600 HORIZON DRIVE, SUITE 150 COURT OF COMMON PLEAS U.S. Bank, N.A., as Trustee for the registered CIVIL DIVISION holders ofMASTR Asset Backed Securities CUMBERLAND COUNTY Trust 2005-WMC1, Mortgage Pass-Through ; Certificates NO: 09-6050-CIVIL PLAINTIFF VS. ' Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming ; Right, Title Or Interest From Or Under Steven L. Wilson, deceased ; DEFENDANT ORDER AND NOW, this ?- day of ioc4oL ma- , 2009, upon consideration of Plaintiffs Motion For Service Pursuant To Special Order Of Court and the Affidavit of Good Faith Investigation attached hereto, it is hereby ORDERED that service of the Complaint in Mortgage Foreclosure, Notice of Sale, and all subsequent pleadings that require personal service only, on Defendant, Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased, shall be complete when Plaintiff or its counsel or agent has published a true and correct copy of the Complaint in Mortgage Foreclosure, Notice of Sale, or any subsequent pleadings in the legal publication designated by the Court for the publication of legal notices and in one newspaper of general circulation within Cumberland County and the Sheriff has posted a true and correct copy of the Complaint in Mortgage Foreclosure, Notice of Sale and or any subsequent pleadings on the most public part of the mortgaged premises located at 1409 Goodyear Road, Gardners, PA 17324. TREE CAP'( FROM RECORD In Testimony v-iherccf, I hire uwo set my hand and the seal of said Court at Carlisle, Pa. This .. . day f. 4......... I 02W I a OP .Y. A% TV< Mty BY THE COURT: If A )-R PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland Tames IQeinklaus, Director of Sales and Marketing, of The Sentinel, of the County and State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newspaper of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 13th, 1881, since which date THE SENTINEL has been regularly issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues of THE SENTINEL on the following day(s): October 15, 2010 COPY OF NOTICE OF PUBLICATION Affiant further deposes that he/she is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statement as to time, place and character of publication are true. Sworn to and subscribed before me this ab% Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Expires Jan 27, 2014 PROOF OF PUBLICATION State of Pennsylvania, County of Cumberland James Meinklaus, Director of Sales and Marketing of The Sentinel, of the County i State aforesaid, being duly sworn, deposes and says that THE SENTINEL, a newsl of general circulation in the Borough of Carlisle, County and State aforesaid, was established December 131h, 1881, since which date THE SENTINEL has been reguli issued in said County, and that the printed notice or publication attached hereto is exactly the same as was printed and published in the regular editions and issues o THE SENTINEL on the following day(s): October 15, 2010 COPY OF NOTICE OF PUBLICATION IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA CIVIL ACTION-LAW NO, 09-6050-CIVIL NOTICE OF ACTION IN MORTGAGE FORECLOSURE U. S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates, Plaintiff vs. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased, Defendant(s) NOTICE fF SHERIFF'S SALE OF REAL PROPERTY TO: Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased, Defendant(s), whose last known address is 1409 Goodyear Road, Gardners, PA 17324. Your house (real estate) at: 1409 Goodyear Road, Gardners, PA 17324,08-16-0210-023, is scheduled to be sold at Sheriff's Sale on December 8, 2010 at: Cumberland County Sheriff's Office, 1 Courthouse Square, Carlisle, PA 17013, at 10:OOAM to enforce the court judgment of $60,696.07 obtained by U.S. Bank, N.A.,'as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To preventthis Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay back to U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMG1, Mortgage Pass-Through Certificates the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice below 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. 5. it Me SWfrs Sale is not stopped, your proparty will be sold to the highest bidder. You may find out the price bid by calling (610)278-0800.6. You maybe able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, 00 TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford Street, Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. LESLIE J. RASE, Attorney for Plaintiff -SHAPIRO & DeNARDO, LLC 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 Affiant further deposes that he/she is interested in the subject matter of the aforesaid notice or advertisement, anc all allegations in the foregoing statem( to time, place and character of publica are true. Sworn to and subscribed before me tI Notary Public My commission expires: NOTARIAL SEAL BAMBI ANN HECKENDORN Notary Public CARLISLE BOROUGH, CUMBERLAND CNTY My Commission Fxpires J,,, ; 2('1.1 PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND ss. 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 22, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. .---- -Z- L, a L' a Marie Coyne, Edi r SWORN TO AND SUBSCRIBED before me this 22 day of October. 2010 C Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Pubk CARLISLE BOROUGH. CUMBERLAND COUNTY My, comes uW Exphs Apt 28.2014 CUMBERLAND LAW JOURNAL NOTICE OF ACTION IN MORTGAGE FORWLOSURE In the Court of Common Pleas of Cumberland County, Pennsylvania Civil Action-Law NO. 09-6050-CIVIL U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass- Through Certificates, Plaintiff VS. Unknown, Heirs, Successors, Assigns, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Steven L. Wilson, deceased, Defendant(s) NOTICE OF SHERIFFS SALE OF REAL PROPERTY TO: Unknown, Heirs, Successors, As- signs, and All Persons, Firms, or Associations Claiming Right, Title or Interest From or Under Steven L. Wilson, deceased, Defendant(s), whose last known address is 1409 Goodyear Road, Gardners, PA 17324. Your house (real estate) at: 1409 Goodyear Road, Gardners, PA 17324, 08-16-0210-023, is scheduled to be sold at Sheriff's Sale on December 8, 2010 at: Cumberland County Sher- iffs Office, 1 Courthouse Square, Carlisle, PA 17013, at 10:00 A.M. to enforce the court judgment of $60,696.07 obtained by U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Se- curities Trust 2005-WMC1, Mortgage Pass-Through Certificates against you. NOTICE OF OWNERS RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFFS SALE. To prevent this Sheriff's Sale you must take immediate action: 1. The sale will be cancelled if you pay back to U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005- WMC1, Mortgage Pass-Through Cer- tificates the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attor- neys fees due. To find out how much you must pay, you may call: (610) 278-6800.2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judg- ment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have o€ stopping the sale. (See notice below on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFFS SALE DOES TAKE PLACE. 5. If the Sheriff's Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610) 278-6800.6. 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. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call (717) 240-6390.8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict CUMBERLAND LAW JOURNAL you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of dis- tribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (rea- sons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HEbP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 S. Bedford St. Carlisle, PA 17013 (717) 249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COL- LECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. LESLIE J. RASE, ESQUIRE SHAPIRO & DeNARDO, LLC Attorneys for Plaintiff 3600 Horizon Drive Suite 150 King of Prussia, PA 19406 (610) 278-6800 Oct. 22 SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF VS. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT IA' 16 A F1 10, 6E('t:-Pi ' ;: ii 4 ` 11 A. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO:09-6050-CIVIL CERTIFICATION OF NOTICE TO LIENHOLDERS PURSUANT TO PA R.C.P 3129.2 (C) (2) I, Meghan Williams, Legal Assistant for Shapiro & DeNardo, LLC, attorneys for the Plaintiff, U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates, hereby certify that Notice of Sale was served on all persons appearing on Exhibit "A" attached hereto, by United States mail, first class, postage prepaid, with Certificates of Mailing on November 10, 2010, the originals of which are attached and that each of said persons appears on Plaintiffs Affidavit pursuant to Pa. R.C.P. 3129.1. The undersigned understands that the statements herein are subject to the penalties provided by 18 P.S. Section 4904. Respectfully submitted, SHAPIRO & DeNARDO, LLC BY: U Meghan Williams Legal Assistant 07-30273 o ?- o 0 N ¦ O O> NLL. :? Q z 00 ?6 O 00 N U ;n r? d N Odj NOO 0 7 C ? 7 N_ ;?$g tot l m A y?? 4 x VV11 4j8 ctO d G N a c ? °? E o o c U ES pp ?U p1 ? ? 7 -2 E -9 N -a r y O ?p 00 c In ? > ?00? U ? ? M w ? ? ?¦ ? W ? U " `? 7 bp. P.. ?i CN. N aZy? ?y yam rJj '?. C N Ly pp ^ t y e a? d Z. -0 cw aC: J co, o U w? 03000 0 a c a- 8' w a x j ra c? U tLI D 'UOM z N Q V A 'G a N a 0 a a 4 V N r? 4 N o co y Z a ti cn? '? ?' < /ft E M o goo" yF>-! pQ `?i M 3 Q Z [.? A r LL o ?o N a 06 $ao Q x " O ° ?ci `° ~ v SOERJFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor ??????•,' S? L11 iry?fj,f?? v -; c c - 0 r THE PPo Tf1tlC Tr ^y 2011 APR - AN 10: 15 CUMBERLAND COUNTY, PENNS YLVANIA US Bank NA ND vs. Steven L Wilson Case Number 2009-6050 SHERIFF'S RETURN OF SERVICE 04/06/2010 05:29 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1726 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Steven L. Wilson, located at, 1409 Goodyear Road, Gardners, Cumberland County, Pennsylvania according to law. 04/06/2010 05:29 PM - Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1726 hours, he posted a true copy of the within Real Estate Writ, Notice, Poster and Description, in the above entitled action, upon the property of Steven L. Wilson, located at, 1409 Goodyear Road, Gardners, Cumberland County, Pennsylvania pursuant to court order. 05/1812010 Property sale postponed to 9/8/2010. 09/08/2010 As directed by Leslie J Rase, Attorney for the Plaintiff, Sheriff's Sale Continued to 12/8/2010 11/15/2010 As directed by Leslie J Rase, Attorney for the Plaintiff, Sheriffs Sale Continued to 3/2/2011 03/02/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County Courthouse, Carlisle, Cumberland County, PA, on March 2, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Attorney Leslie Rase, on behalf of U.S. Bank, N.A., et. al., 1661 Worthington Road, Ste 100, West Palm Beach, FL 33415 being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,072.08 March 31, 2011 SO ANSWERS, " 02 W?/ ? ? RON R ANDERSON, SHERIFF 1-/f -©6) Pei • a& a.. 00 P? ` Cry S-V u- Pd &4 5) a qi OM -2 5737! Ucua. , uite Sn enff. ie.e ,sett. Ic„ 1 .t SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I. D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates PLAINTIFF VS. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6050-CIVIL AFFIDAVIT PURSUANT TO RULE 3129.1 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMCI, Mortgage Pass-Through Certificates, Plaintiff in the above action, sets forth, as of the date the praecipe for the writ of execution was filed, the following information concerning the real property located at 1409 Goodyear Road, Gardners, PA 17324. 1. Name and address of Owner(s) or Reputed Owner(s) Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased 1409 Goodyear Road Gardners, PA 17324 2 Name and address of Defendant in the judgment: Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased 1409 Goodyear Road Gardners, PA 17324 3 Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates c/o Ocwen Loan Servicing, LLC 1661 Worthington Road West Palm Beach, FL 33415 10 Commonwealth of PA Dept. of Revenue #280946 Bureau of Compliance Harrisburg, PA 17128-0946 Brenda Quayle c/o Erie Insurance Group P.O. Box 2013 Mechanicsburg, PA 17055 Cumberland County Adult Probation Courthouse, 3rd Fl. Rm. 302 1 Courthouse Square Carlisle, PA 17013 4. Name and address of the last recorded holder of every mortgage of record: U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates, Plaintiff c/o Ocwen Loan Servicing, LLC 1661 Worthington Road West Palm Beach, FL 33415 5. Name and address of every other person who has any record lien on the property: 6. Name and address of every other person who has any record interest in the property and whose interest may be affected by the sale: Cumberland County Domestic Relations 13 North Hanover Street Carlisle, PA 17013 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: TENANT OR OCCUPANT 1409 Goodyear Road Gardners, PA 17324 Kathy Wilson 1409 Goodyear Road Gardners, PA 17324 I verify that the statements made in this affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa. C.S. Section 4904 relating to unsworn falsification to authorities. SHAPIRO & DeNARDO, LLC BY: Leslie J. Rase, Esquire 07-30273 .I SHAPIRO & DeNARDO, LLC BY: LESLIE J. RASE, ESQUIRE ATTORNEY I.D. NO: PA Bar # 58365 3600 HORIZON DRIVE, SUITE 150 KING OF PRUSSIA, PA 19406 TELEPHONE: (610)278-6800 S & D FILE NO. 07-30273 U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMCI, Mortgage Pass-Through Certificates PLAINTIFF VS. Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming ; Right, Title Or Interest From Or Under Steven L. Wilson, deceased ; DEFENDANT COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO: 09-6050-CIVIL NOTICE OF SHERIFF'S SALE OF REAL PROPERTY TO: Unknown, Heirs, Successors, Assigns, And All Persons, Firms, Or Associations Claiming Right, Title Or Interest From Or Under Steven L. Wilson, deceased 1409 Goodyear Road Gardners, PA 17324 Your house (real estate) at: 1409 Goodyear Road, Gardners, PA 17324 08-16-0210-023 is scheduled to be sold at Sheriffs Sale on June 2, 2010 at: Cumberland County Sheriffs Office 1 Courthouse Square Carlisle, PA 17013 at 10:00AM to enforce the court judgment of $60,696.07 obtained by U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC1, Mortgage Pass-Through Certificates 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 cancelled if you pay back to U.S. Bank, N.A., as Trustee for the registered holders of MASTR Asset Backed Securities Trust 2005-WMC 1, Mortgage Pass-Through Certificates the amount of the judgment plus costs or the back payments, late charges, costs, and reasonable attorneys fees due. To find out how much you must pay, you may call: (610)278-6800. 2. You 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. t You may be able to stop the sale through other legal proceedings. 4. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See notice on page two of how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE. 5. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling (610)278-6800. 6. You 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. 7. The sale will go through only if the buyer pays the Sheriff the full amount due in the sale. To find out if this has happened you may call 717-240-6390. 8. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 9. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 10. You may be entitled to a share of the money, which was paid for your house. A schedule of distribution of the money bid for your house will be filed by the Sheriff no later than thirty days after the Sheriff Sale. This schedule will state who will be receiving the money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed distribution is wrong) are filed with the Sheriff within ten (10) days after the date of filing of said schedule. 11. You may also have other rights and defenses or ways of getting your house back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE LISTED BELOW TO FIND OUT WHERE YOU CAN GET LEGAL HELP. Cumberland County Lawyer Referral Service Cumberland County Bar Association 32 South Bedford Street Carlisle, PA 17013 717-249-3166 PURSUANT TO THE FAIR DEBT COLLECTION PRACTICES ACT YOU ARE ADVISED THAT THIS LAW FIRM IS DEEMED TO BE A DEBT COLLECTOR ATTEMPTING TO COLLECT A DEBT. ANY INFORMATION OBTAINED WILL BE USED FOR THAT PURPOSE. 07-30273 ALL THAT CERTAIN piece, parcel or tract of land, situate, lying and being in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded, limited and described as follows, to wit: BOUNDED on the West by property now or formerly of Robert Barbour; on the South by property now or formerly of the Estate of Foster Rockey; on the East by property now or formerly of Howard Starner; and on the North by property now or formerly of Earl King; having a width on the North and South ends of 100 feet, more or less, and extending in depth on the West side of 550 feet, more or less, and on the East side 575 feet, more or less, and being improved with a frame house known and numbered as R.D. No. 2, Box 142B, Gardners, Pennsylvania 17324. BEING THE SAME PREMISES which Grayson P. Showers, widow, by Deed dated November 3, 1995 and recorded November 9, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 130, Page 1136, granted and conveyed unto Zena M. Wilson, Grantor herein, her heirs and assigns. AND THE SAID Zena M. Wilson has since married and is now known as Zena M. Keys. AND THE SAID Scott A. Keys, husband of Zena M. Keys, joins in this Deed waiving all of his right, title, and interest in or to the hereindescribed property. UNDER AND SUBJECT TO an Easement Agreement dated August 28, 1995 and recorded November 6, 1995 in Record Book 507, Page 837. BEING the same premises which Zena M. Wilson, now by marriage Zena M. Keys and Scott A. Keys, wife and husband, by Deed dated December 27, 2004 and recorded in the Cumberland County Recorder of Deeds Office on December 29, 2004, granted and conveyed unto Steven L. Wilson, a married person. { ALL THAT CERTAIN piece, parcel or tract of land, situate, lying and being in Dickinson Township, Cumberland County, Pennsylvania, more particularly bounded, limited and described as follows, to wit: BOUNDED on the West by property now or formerly of Robert Barbour; on the South by property now or formerly of the Estate of Foster Rockey; on the East by property now or formerly of Howard Starner; and on the North by property now or formerly of Earl King; having a width on the North and South ends of 100 feet, more or less, and extending in depth on the West side of 550 feet, more or less, and on the East side 575 feet, more or less, and being improved with a frame house known and numbered as R.D. No. 2, Box 142B, Gardners, Pennsylvania 17324. BEING THE SAME PREMISES which Grayson P. Showers, widow, by Deed dated November 3, 1995 and recorded November 9, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in Record Book 130, Page 1136, granted and conveyed unto Zena M. Wilson, Grantor herein, her heirs and assigns. AND THE SAID Zena M. Wilson has since married and is now known as Zena M. Keys. AND THE SAID Scott A. Keys, husband of Zena M. Keys, joins in this Deed waiving all of his right, title, and interest in or to the hereindescribed property. UNDER AND SUBJECT TO an Easement Agreement dated August 28, 1995 and recorded November 6, 1995 in Record Book 507, Page 837. BEING the same premises which Zena M. Wilson, now by marriage Zena M. Keys and Scott A. Keys, wife and husband, by Deed dated December 27, 2004 and recorded in the Cumberland County Recorder of Deeds Office on December 29, 2004, granted and conveyed unto Steven L. Wilson, a married person. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) N009-6050 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due U.S. BANK, N.A., AS TRUSTEE FOR THE REGISTERED HOLDERS OF MASTR ASSET BACKED SECURITIES TRUST 2005-WMC1, ;MORTGAGE PASS-THROUGH CERTIFICATES Plaintiff (s) From UNKNOWN, HEIRS, SUCCESSORS, ASSIGNS, AND ALL PERSONS, FIRMS, OR ASSOCIATIONS CLAIMING RIGHT, TITLE OR INTEREST FROM OR UNDER STEVEN L. WILSON, DECEASED (1) You are directed to levy upon the property of the defendant (s)and to sell SEE LEGAL DESCRIPTION. (2) You are also directed to attach the property of the defendant(s) not levied upon in the possession of GARNISHEE(S) as follows: and to notify the garnishee(s) that: (a) an attachment has been issued; (b) the garnishee(s) is enjoined from paying any debt to or for the account of the defendant (s) and from delivering any property of the defendant (s) or otherwise disposing thereof; (3) If property of the defendant(s) not levied upon an subject to attachment is found in the possession of anyone other than a named garnishee, you are directed to notify him/her that he/she has been added as a garnishee and is enjoined as above stated. Amount Due$60,696.07 Interest DECEMBER 1, 2009 TO JUNE 2, 2010 L.L.$.50 Atty's Comm % Atty Paid $224.90 Plaintiff Paid Date: December 3, 2009 (Seal) Due Prothy $2.00 Other Costs ucPuLy REQUESTING PARTY: Name LESLIE J. RASE, ESQUIRE Address: SHAPIRO & DENARDO, LLC, 3600 HORIZON DRIVE, SUITE 150, KING OF PRUSSIA, PA 19406 Attorney for: PLAINTIFF Telephone: 610-278-6800 Supreme Court ID No. 58365 On March 22, 20 10 the Sheriff levied upon the defendant's interest in the real property situated in Dickinson Township, Cumberland County, PA, Known and numbered as, 1409 Goodyear Road, Gardners, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 eyC6A,d&-&XL? Real Estate Coordinator z I -.8 `d 01 030 6001 va 'I?1P?IiG . ?_:'. 331*83HS 3H ! PROOF OF PUBLICATION OF NOTICE IN CUMBERLAND LAW JOURNAL (Under Act No. 587, approved May 16, 1929), P. L.1784 COMMONWEALTH OF PENNSYLVANIA . ss. COUNTY OF CUMBERLAND : Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid, was established January 2, 1952, and designated by the local courts as the official legal periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly issued weekly in the said County, and that the printed notice or publication attached hereto is exactly the same as was printed in the regular editions and issues of the said Cumberland Law Journal on the following dates, viz: April 16, April 23, and April 30, 2010 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. L a Marie Coyne, Edi r SWORN TO AND SUBSCRIBED before me this 30 da of Aril 2010 Notary NOTARIAL E DEBORAH A COLLINS Notary PuDQc CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 26, 2014 Wr t No. Civil US Bank NA as Trustee for the Registered Holders of MASTR Asset Backed Securities, Trust 2005-WMC1, Mortgage Pass- Through Certificates VS. Unknown, Heirs, Successors, Assigns and All Persona, Firms, Or Associations Claiming Right, Title or Interest from or under Steven L. Wilson, Deceased Atty: Leslie J. Rase ALL THAT CERTAIN piece, parcel or tract of land, situate, lying and being in Dickinson Township, Cum- berland County, Pennsylvania, more particularly bounded, limited and described as follows, to wit: BOUNDED on the West by prop- erty now or formerly of Robert Bar- bour; on the South by property now or formerly of the Estate of Foster Rockey; on the East by property now or formerly of Howard Starner; and on the North by property now or for- merly of Earl King; having a width on the North and South ends of 100 feet, more or less, and extending in depth on the West side of 550 feet, more or less, and on the East side 575 feet, more or less, and being improved with a frame house known and numbered as R.D. No. 2, Box 142B, Gardners, Pennsylvania 17324. BEING THE SAME PREMISES which Grayson P. Showers, widow, by Deed dated November 3, 1995 and recorded November 9, 1995 in the Office of the Recorder of Deeds in and for Cumberland County, Penn- sylvania in Record Book 130, Page 1136, granted and conveyed unto Zena M. Wilson, Grantor herein, her heirs and assigns. AND THE SAID Zena M. Wilson has since married and is now known as Zena M. Keys. AND THE SAID Scott A. Keys, husband of Zena M. Keys, joins in this Deed waiving all of his right, title, and interest in or to the herein described property. UNDER AND SUBJECT TO an Easement Agreement dated August 28, 1995 and recorded November 6, 1995 in Record Book 507, Page 837. BEING the same premises which Zena M. Wilson, now by mssrlage Zena M. Keys and Scott A. Keys, " wife and husband, by Deed dated December 27, 2004 and recorded in a the Cumberland County Recorder of Deeds Office on December 29, 2004, granted and conveyed unto Steven L. Wilson, a married person. 'The Patriot-News Co. 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717.255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 ZhtPatriot•Netus Now you know THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Marianne! Miller, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317. PUBLICATION COPY This ad ran on the date(s) shown below: 04/16/10 04/23/10 1 04/30/10 Sworn to air ?scribed before me this 4day/of May, 2010 A. D. ?. 1 Notary Public COMMONWEALTH OF PENNSYLVANbk L NotaNal Seal '- ECOMMWMM le L. Manor, Notary Public Loaxton Twp,, Dauphin County i my Expires Nov. 26, 2011 Member, Pennsdvenla Assoclatlon of Notar+eJ WIN-Ow affies-mm Civil Term #0 FAVIstered ilMie of MAV1A*4WW Securities, Trust 1 ii Ortgo" Pass- Va. ?Its moirs, Successors, "e1AH ; Firms, Or atlons Cte**~ me of interest ;;Tor 110**1111OVen L. Wilson, Noftsed Atty?c Leslie J Rase ALL THAT CERTAIN piece, parcel or tract of land, situate, lying and being in Dickinson Township, Cumberland County, Pennsylvania, Dare particularly bounded, limited and described as follgws, to wit: OMM on the West by property now or fotmetly of Robert Barbour; on the South by property rfow or f0smerly of the Estate of Foster Rockey; on the East by property now or formerly of Howard Stamec and on the North by property now of formerly of Earl King; having a width on tht'NOM and South ends of 100 feet, more or less, and extentbng in depth on the West side of 550 fbet, more of less, and on the East side 575 feet, more or leas, and being improved with a frame house *wovn and numbered as R.D. No. 2, Box '4NAWM, fennsylvania 17324. iGtiltSAME PREMISES which Grayson P Showers, widow by feed dated November 3. 1995 ai -corded November 9,1995 in the Office of the Recorder of Deeds in and for Cumberland Eotmty, Pennsylvania in Record Book 130, Page I l3kgranted and comeged untoZmiM. Wilson, Grantor herein, her heirs and assigns. AND THE SAID Zena M. Wilson has since married and is now known as Zem M. Keys. AND THE SAID Scott A. Keys, husband of Zen$ bf Keys, joins in this Deed waiving all of his' tilk, and interest in or to the herein described property. UNDER AND SUBJECT TO an Easement Agtaement dated August 28, 1995 and recorded November 6,1995 in Record Book 507, Page 817. BEING the same premises which Zena M. Wilson, nowffi tilAmage Zena K Keys and Scott A. Keys, wife`?W W"Od, by Deed dated December 27, 2004 and recorded in the Cumberland County Recordetof Deeds Office on December 29, 2004, VVIed 91d conveyed unto Steven L: Wilson, a married person. 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 MASTR Asset Backed Securities Trust 2005-WMCI Tr is the grantee the same having been sold to said grantee on the 2nd day of March A.D., 2011, under and by virtue of a writ Execution issued on the 3rd day of December, A.D., 2010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 6050, at the suit of MASTR Asset Backed Securities Trust 2005-WMCI Tr against Steven L Wilson is duly recorded as Instrument Number 201109961. IN TESTIMONY WHEREOF, I have here unto set my hand ds, Ounberland Cow, Cadisle, PA Expires the Fret Monday of Jan. 2014 and seal of said office this day of