HomeMy WebLinkAbout09-6282
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
?MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
BAC Home Loans Servicing, L.P. fka
Countrywide Home Loans Servicing L.P.
1800 Tapo Canyon Road
Mail Stop #SV-103
Simi Valley, California 93063
V.
John H Fox
6 Irvin Drive
Shippensburg, Pennsylvania 17257
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number Q p 6.15a C V % I lei-,i
CIVIL ACTION/MORTGAGE FORECLOSURE
NOTICE
You have been sued in court. If you wish to defend
against the claims set forth in the following pages, you
must take action within twenty (20) days after this
complaint and notice are served, by entering a written
appearance personally or by attorney and filing in
writing with the court your defenses or objections to the
claims set forth against you. You are warned that if you
fail to do so the case may proceed without you and a
judgment may be entered against you by the court
without further notice for any money claimed in the
complaint or for any other claim or relief requested by
the plaintiff. You may lose money or property or other
rights important to you.
YOU SHOULD TAKE THIS PAPER TO
YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER, GO TO OR TELEPHONE THE
OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT
HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A
LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT
AGENCIES THAT MAY OFFER LEGAL SERVICES
TO ELIGIBLE PERSONS AT A REDUCED FEE OR
NO FEE.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
AVISO
Le han demandado a usted en la corte. Si usted quiere
defenderse de estas demandas ex-puestas en las paginas
siguientes, usted tiene veinte (20) dias de plazo al Partir
de la fecha de la demanda y la notificacion. Hace falta
asentar una comparencia escrita o en persona o con un
abogado y entregar a la corte en forma escrita sus
defensas o sus objeciones a las demandas en contra de
su persona. Sea avisado que si usted no se defiende, la
corte tomara medidas y puede continuar la demanda en
contra suya sin previo aviso o notificacion. Ademas, la
corte puede decidir a favor del demandante y reiquiere
que usted cumpla con todas las provisions & esta
demanda. Usted puede perder dinero o sus propiddades
u otros derechos importantes para usted.
USTED LE DEBE TOMAR ESTE PAPEL A
SU ABOGADO INMEDIATAMENTE. SI USTED NO
TIENE A UN ABOGADO, VA A 0 TELEFONEA LA
OFICINA EXPUSO ABAJO. ESTA OFICINA LO
PUEDE PROPORCIONAR CON INFORMATION
ACERCA DE EMPLEAR A UN ABOGADO.
SI USTED NO PUEDE PROPORCIONAR
PARA EMPLEAR UN ABOGADO, ESTA OFIOINA
PUEDE SER CAPAZ DE PROPORCIONARLO CON
INFORMACION ACERCA DE LAS AGENCIAS
QUE PUEDEN OFRECER LOS SERVICIOS
LEGALES A PERSONAS ELEGIBLES EN UN
HONORARIO REDUCIDO NI NINGUN
HONORARIO.
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800) 990-9108
CIVIL ACTION/MORTGAGE FORECLOSURE
Plaintiff is BAC Home Loans Servicing, L.P. fka Countrywide Home Loans Servicing L.P.,
a corporation duly organized and doing business at the above captioned address.
2. The Defendant is John H Fox, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is 6 Irvin Drive, Shippensburg, Pennsylvania
17257.
3. On August 10, 2005, mortgagor made, executed and delivered a mortgage upon the premises
hereinafter described to Mortgage Electronic Registration Systems, Inc., as nominee for countrywide Home
Loans, Inc. which mortgage is recorded in the Office of the Recorder of Cumberland County in Instrument
number 200814545.
4. The aforesaid mortgage was thereafter assigned by Mortgage Electronic Registration
Systems, Inc., as nominee for Countrywide Home Loans, Inc. to Countrywide Home Loans Servicing L.P,
by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland
County.
5. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A"
and is known as 60 South Pin Oak Drive, Boiling Springs, Pennsylvania 17007.
6. The mortgage is in default because monthly payments of principal and interest upon said
mortgage due March 1, 2008 and each month thereafter are due and unpaid, and by the terms of said
mortgage, upon default in such payments for a period of one month, the entire principal balance and all
interest due thereon are collectible forthwith.
7. The following amounts are due on the mortgage:
Principal Balance $ 220,545.18
Interest through September 16, 2009 $ 20,885.46
(Plus $35.22 per diem thereafter)
Attorney's Fee $ 1,300.00
Late Charges $ 1,463.66
Corporate Advance $ 1,830.00
Escrow Advance $ 7,089.92
GRAND TOTAL $ 253,114.22
8. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and
notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter
13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular
mail with a certificate of mailing and by certified mail, return receipt requested.
WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $253,114.22,
together with interest at the rate of $35.22 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgaged property.
McCABE, WEISBERG AND CONWAY,P.C.
// JA4g4
BY:
Attorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
VERIFICATION
The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the
within action, and that he/she is authorized to make this verification and that the foregoing facts based on
the information from the Plaintiff, who is not available to sign this, are true and correct to the best of
his/her knowledge, information and belief and further states that false statements herein are made subject
to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities.
McCABE, WEISBERG AND CONWAY,P.C.
BY: LAttorneys for Plaintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
. ?i }
ROBERT P. ZIEGLER
RECORDER OF DEEDS
CUMBERLAND COUNTY
1 COURTHOUSE SQUARE
CARLISLE, PA 17013
717-240-6370
Instrument Number - 200814545
Recorded On 5/5/2008 At 9:58:12 AM * Total Pages -19
* Instrument Type - MORTGAGE
Invoice Number - 20126 User ID - AF
* Mortgagor - FOX, JOHN H
* Mortgagee - MORTGAGE ELECTRONIC REGISTRATION SYSTEMS INC
* Customer - PREMIER ABSTRACT
*
FEES
STATE'WRIT TAX $0.50
STATE JCS/ACCESS TO $10.00
JUSTICE
RECORDING BEES - $39.50
RECORDER OF DEEDS
AFFORDABLE HOUSING $11.50
COUNTY ARCHIVES FEE $2.00
ROD ARCHIVES FEE $3.00
TOTAL PAID $66.50
Certification Page
DO NOT DETACH
This page is now part
of this legal document.
I Certify this to be recorded
in Cumberland County PA
RECORDER OF DLrEDS
* - Information denoted by an asterisk may change during
the verification process and may not be reflected on this page.
uumui?ii ?b4
K
Prepared By:
SUSAN MCCURDY
COUNTRYWIDE HOME LOANS, INC.
4070 BUTLER PIKE ##200
PLYMOUTH MEETING
PA 19462
Phone: (610)397-4500
After Recording Return To:
COUNTRYWIDE HOME LOANS, INC.
MS SV-79 DOCUMENT PROCESSING
P.O.Box 10423
Van Nuys, CA 91410-0423
Parcel Number:
40-10-0636-112
Premises:
60 S PIN OAK DR
BOILING SPRINGS
PA 17007-9411
[Space Above This Line For Recording Data[
00010916949908005
(Doc ID #1
MORTGAGE
MIN 1000157-0005417127-3
PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT WITH MFRS
Pape 1 of 17 Initlala?1F
A-6A(PA) (0502) CHL (0210SXd) VMP Mortgage Solutions, Inc. (800)521-7291 Form 3039 1101
2 3 9 9 1
1 0 9 1 6 9 4 9 9 0 0 0 0 0 1 0 0 6 A
ALL THAT CERTAIN piece or parcel of land, situated in the Township of South Middleton, County of
Cumberland and Commonwealth of Pennsylvania, more particularly bounded and described as follows:
BEGINNING at a point on the eastern legal right-of-way line of South Acorn Drive at the dividing line between
Lot Nos. 50 and 76 as shown on the hereinafter mentioned Plan of Lots; thence along said dividing line between
Lots Nos. 50 and 76, South 84 degrees 48 minutes East, a distance of 100 feet to a point at the dividing line
between Lot Nos. 50 and 49, as shown in the hereinafter mentioned Plan of Lots; thence along said divining line
between Lot Nos. 50 and 49, Sout h24 degrees 59 minutes 8 seconds East, a distance of 159.06 feet to 'a point
on the northern legal right-of-way line of South Pin Oak Drive; thence along said northern legal right-of-way line
of South Pin Oak Drive, the following two (2) courses and distances:
(1) on a curve to the right having a radius of 175 feet, an arc distance of 50 feet to a point, and
(2) North 86 degrees 44 minutes 23 seconds West, a distance of 110.31 feet to a point on the same at e
beginning of a curve forming the legal right-of-way limits of the northeast corner of the Intersection of South Pin
Oak Drive and South Acorn Drive; thence around said comer on a curve to the right having a radius of 20,? feet,
an arc distance of 32.09 feet to a point on the eastern legal right-of-way line of South Acorn Drive; thence
around said comer on a curve to the right having a radius of 20 feet, an are distance of 32.09 feet to a point on
the eastern legal right-of-way line of South Acorn Drive; thence along said eastern legal right-of-way line' of
South Acorn Drive, North 5 degrees 12 minutes East, a distance of 130 feet to a point on the same at the'
dividing line between Lot Nos .50 and 76 as shown on the hereinafter mentioned Plan of Lots, the place of
BEGINNING.
BEING Lot No. 50 as shown on a certain Subdivision Plan of Lots entitled "Final Plan of Phase One for The
Oaks" as recorded in the Office of the Recorder of Deeds in and for Cumberland County, Pennsylvania in' Plan
Book 55, Page 104.
(05063304. PFD/05(I63304/15 )
DOC ID #: 00010916949908005
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3,
11, 13, 18, 20 and 21. Certain rules regarding the usage of words used in this document are also provided in
Section 16.
(A) "Security Instrument" means this document, which is dated AUGUST 10, 2005
together with all Riders to this document.
(B) "Borrower" is
JOHN H FOX
Borrower is the mortgagor under this Security Instrument.
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MERS is a separate corporation that is acting
solely as a nominee for Lender and Lender's successors and assigns. MERS Is the mortgagee under this
Security Instrument. MERS is organized and existing under the laws of Delaware, and has an address and
telephone number of P.O. Box 2026, Flint, MI 48501-2026, tel. (888) 679-MERS.
(D) "Lender" is
COUNTRYWIDE HOME LOANS, INC.
Lender is a
CORPORATION
organized and existing under the laws of NEW YORK
Lender's address is
4500 Park Granada
Calabasas, CA 91302-1613
(E) "Note" means the promissory note signed by Borrower and dated AUGUST 10, 2005
The Note states that Borrower owes Lender
TWO HUNDRED TWENTY EIGHT THOUSAND and 00/100
Dollars (U.S. $ 228, 000 .00 ) plus interest. Borrower has promised to pay this debt in regular
Periodic Payments and to pay the debt in full not later than SEPTEMBER 01, 2035
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the
Property."
(C) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges
due under the Note, and all sums due under this Security Instrument, plus interest.
4R.6A(PA) (oso2) CHL (02/06) page 2 of 17
IMtiala. -r/- /, ^`
Form 3039 1101
DOC ID #: 00010916949908005
(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following
Riders are to be executed by Borrower [check box as applicable]:
Adjustable Rate Rider El Condominium Rider El Second Home Rider
? Balloon Rider F-1 Planned Unit Development Rider 1-4 Family Rider
0 VA Rider Biweekly Payment Rider ® Other(s) [specify)
LEGAL DESCRIPTION
(I) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations,
ordinances and administrative rules and orders (that have the effect of law) as well as all applicable final,
non-appealable judicial opinions.
(,n "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other
charges that are imposed on Borrower or the Property by a condominium association, homeowners association
or similar organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check,
draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument,'
computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an
account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine
transactions, transfers initiated by telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by
any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage
to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii)
conveyance in lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or
condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the
Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the
Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or
any additional or successor legislation or regulation that governs the same subject matter. As used in this
Security Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a
"federally related mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan"
under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not
that party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrowers covenants and agreements under this
Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to
Initialvr?`
4R.8A(PA) (0502) CHL (07105) Page 3 of 17 Form 3039 1101
DOC ID ##: 00010916949908005
MERS (solely as nominee for Lender and Lender's successors and assigns) and to the successors and assigns
of MERS, the following described property located in the
COUNTY of CUMBERLAND
[Type of Recording Jurisdiction] [Name of Recording Jurisdiction)
SEE EXHIBIT "A" ATTACHED HERETO AND MADE A PART HEREOF
which currently has the address of
60 S PIN OAK DR, BOILING SPRINGS
Istmet/Cityl
Pennsylvania 17 0 0 7 - 9411 ("Property Address"):
[Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also
be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the
"Property." Borrower understands and agrees that MERS holds only legal title to the interests granted by
Borrower in this Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for
Lender and Lender's successors and assigns) has the right: to exercise any or all of those interests, including,
but not limited to, the right to foreclose and sell the Property; and to take any action required of Lendet
including, but not limited to, releasing and canceling this Security Instrument.
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that the Property is unencumbered, except for
encumbrances of record. Borrower warrants and will defend generally the title to the Property against all
claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real
property.
4%4A(PA) (0502) CHL (02105) Page 4 or 17
Initia F
Form 3039 1101
DOC ID #: 00010916949908005
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower
shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment
charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to
Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency.
However, if any check or other instrument received by Lender as payment under the Note or this Security
Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under
the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender:
(a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's check, provided any
such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or
entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such
other location as may be designated by Lender in accordance with the notice provisions in Section 15, Lender'
may return any payment or partial payment if the payment or partial payments are insufflicient to bring the
Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current,
without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in
the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each
Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied
funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If
Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return
them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under'
the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future
against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument
or performing the covenants and agreements secured by this Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments.
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the
Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to
each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to
late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal
balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a
sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the
late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from
Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in
full. To the extent that any excess exists after the payment is applied to the full payment of one or more
Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be
applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under
the Note, until the Note is paid in full, a sum (the "Funds") to provide for payment of amounts due for: (a)
taxes and assessments and other items which can attain priority over this Security Instrument as a lien or
encumbrance on the Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums
at-8A(PA) (0602) CHL (02105) Page 6 of 17
Inlrials: ??
Form 3039 1101
DOC ID #: 00010916949908005
for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or
any sums payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in
accordance with the provisions of Section 10. These items are called "Escrow Items." At origination or at any
time during the term of the Loan, Lender may require that Community Association Dues, Fees, and
Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item.
Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall
pay Lender the Funds for Escrow Items unless Lender waives Borrower's obligation to pay the Funds for any
or all Escrow Items. Lender may waive Borrower's obligation to pay to Lender Funds for any or all Escrow
Items at any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay
directly, when and where payable, the amounts due for any Escrow Items for which payment of Funds has
been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment
within such time period as Lender may require. Borrower's obligation to make such payments and to provide
receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security
instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to pay
Escrow items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated
under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow
items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall
pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require
under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable
estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality,
or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home
Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under
RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow
account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable
Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law
requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings
on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds.
Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower
for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined
under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the
amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly.
payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify
Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the
deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable
to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on
4R4A(PA) (0502) CHL (02105) Page 8 of 17
Initialr HF
Form 3039 1101
DOC ID #: 00010916949908005
the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these
items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
Lender, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
defends against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforcement of the lien while those proceedings are pending, but only until such proceedings are concluded;
or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this
Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain
priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days
of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set
forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and any other'
hazards including, but not limited to, earthquakes and floods, for which Lender requires insurance. This
insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender
requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan.
The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's right to
disapprove Borrower's choice, which right shall not be exercised unreasonably. Lender may require Borrower'
to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification
and tracking services; or (b) a one-time charge for flood zone determination and certification services and
subsequent charges each time remappings or similar changes occur which reasonably might affect such
determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the
Federal Emergency Management Agency in connection with the review of any flood zone determination
resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, lender may obtain insurance
coverage, at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular'
type or amount of coverage. Therefore, such coverage shall cover Lender, but might or might not protect
Borrower, Borrower's equity in the Property, or the contents of the Property, against any risk, hazard or
liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges
that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that
Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional
debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from
the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower
requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right'.
to disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee'
and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If
Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If
Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or..
destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as
mortgagee and/or as an additional loss payee. -
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In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in
writing, any insurance proceeds, whether or not the underlying insurance was required by Lender, shall be
applied to restoration or repair of the Property, if the restoration or repair is economically feasible and
Lender's security is not lessened. During such repair and restoration period, Lender shall have the right to hold
such insurance proceeds until Lender has had an opportunity to inspect such Property to ensure the work has
been completed to Lender's satisfaction, provided that such inspection shall be undertaken promptly. Lender
may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments
as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be
paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on
such proceeds. Fees for public adjusters, or other third parties, retained by Borrower shall not be paid out of
the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not
economically feasible or Lenders security would be lessened, the insurance proceeds shall be applied to the
sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim
and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance
carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will
begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or
otherwise, Borrower hereby assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount
not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower's
rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies
covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use
the insurance proceeds either to repair or restore the Property or to pay amounts unpaid under the Note or this
Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise
agrees in writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist
which are beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not
destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property.
Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent
the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to
Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if
damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in
connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or
restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds
for the repairs and restoration in a single payment or in a series of progress payments as the work is
completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property,
Borrower is not relieved of Borrower's obligation for the completion of such repair or restoration.
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Lender or its agent may make reasonable entries upon and inspections or the Property. If it has
reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give
Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application. Borrower shall be in default if, during the Loan application process,
Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or
consent gave materially false, misleading, or inaccurate information or statements to Lender (or failed to
provide Lender with material information) in connection with the Loan. Material representations include, but
are not limited to, representations concerning Borrower's occupancy of the Property as Borrower's principal
residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a
legal proceeding that might significantly affect Lender's interest in the Property and/or rights under this
Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for
enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or
regulations), or (c) Borrower has abandoned the Property, then Lender may do and pay for whatever is
reasonable or appropriate to protect Lender's interest in the Property and rights under this Security Instrument,
including protecting and/or assessing the value of the Property, and securing and/or repairing the Property.
Lender's actions can include, but are not limited to: (a) paying any sums secured by a lien which has priority
over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys' fees to protect its
interest in the Property and/or rights under this Security Instrument, including its secured position in a
bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make
repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or
other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take'
action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It
is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured'
by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement
and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease.
If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender'
agrees to the merger in writing.
10. Mortgage Insurance. If Lender required Mortgage insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that
previously provided such insurance and Borrower was required to make separately designated payments.
toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage
substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the
cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected
by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue
to pay to Lender the amount of the separately designated payments that were due whcn the insurance coverage.
ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in
lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan
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is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such
loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the
amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes
available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage
Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was
required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower
shall pay the premiums required to maintain Mortgage insurance in effect, or to provide a non-refundable loss
reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement
between Borrower and Lender providing for such termination or until termination is required by Applicable
Law. Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter
into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on
terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these
agreements. These agreements may require the mortgage insurer to make payments using any source of funds
that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance
premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any reinsurer, any
other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive
from (or might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for
sharing or modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an
affiliate of Lender takes a share of the insurer's risk in exchange for a share of the premiums paid to the
insurer, the arrangement is often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will
owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage
Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any
Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby
assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such
repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has
had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in
a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is
made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall
not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or
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repair is not economically feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall
be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,
paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds'
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if
any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than
the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction,
or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security
Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction:
(a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value
divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss
in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value
of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of
the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and
Lender otherwise agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this
Security Instrument whether or not the sums are then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing
Party (as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to
respond to Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply
the Miscellaneous Proceeds either to restoration or repair of the Property or to the sums secured by this
Security Instrument, whether or not then due. "Opposing Party" means the third party that owes Borrower
Miscellaneous Proceeds or the party against whom Borrower has a right of action in regard to Miscellaneous
Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest
in the Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration
has occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a
ruling that, in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's
interest in the Property or rights under this Security Instrument. The proceeds of any award or claim for
damages that are attributable to the impairment of Lender's interest in the Property are hereby assigned and
shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in
the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for
payment or modification of amortization of the sums secured by this Security instrument granted by Lender to
Borrower or any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any
Successors in Interest of Borrower. Lender shall not be required to commence proceedings against any
Successor in Interest of Borrower or to refuse to extend time for payment or otherwise modify amortization of
the sums secured by this Security Instrument by reason of any demand made by the original Borrower or any
Successors in Interest of Borrower. Any forbearance by Lender in exercising any right or remedy including,
without limitation, Lender's acceptance of payments from third persons, entities or Successors in I rest of
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Borrower or in amounts less than the amount then due, shall not be a waiver of or preclude the exercise of any
right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who
co-signs this Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security
Instrument only to mortgage, grant and convey the co-signer's interest in the Property under the terms of this
Security Instrument; (b) is not personally obligated to pay the sums secured by this Security Instrument; and
(c) agrees that Lender and any other Borrower can agree to extend, modify, forbear or make any
accommodations with regard to the terms of this Security Instrument or the Note without the co-signer's
consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's
rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations
and liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and
agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors
and assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this
Security Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In
regard to any other fees, the absence of express authority in this Security Instrument to charge a specific fee to
Borrower shall not be construed as a prohibition on the charging of such fee. Lender may not charge fees that
are expressly prohibited by this Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so
that the interest or other loan charges collected or to be collected in connection with the Loan exceed the
permitted limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge
to the permitted limit; and (b) any sums already collected from Borrower which exceeded permitted limits will
be refunded to Borrower. Lender may choose to make this refund by reducing the principal owed under the
Note or by making a direct payment to Borrower. If a refund reduces principal, the reduction will be treated as
a partial prepayment without any prepayment charge (whether or not a prepayment charge is provided for
under the Note). Borrower's acceptance of any such refund made by direct payment to Borrower will
constitute a waiver of any right of action Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must
be in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have
been given to Borrower when mailed by first class mail or when actually delivered to Borrower's notice
address if sent by other means. Notice to any one Borrower shall constitute notice to all Borrowers unless
Applicable Law expressly requires otherwise. The notice address shall be the Property Address unless
Borrower has designated a substitute notice address by notice to Lender. Borrower shall promptly notify
Lender of Borrower's change of address. If Lender specifies a procedure for reporting Borrower's change of
address, then Borrower shall only report a change of address through that specified procedure. There may be
only one designated notice address under this Security Instrument at any one time. Any notice to Lender shall
be given by delivering it or by mailing it by first class mail to Lender's address stated herein unless Lender has
designated another address by notice to Borrower. Any notice in connection with this Security Instrument
shall not be deemed to have been given to Lender until actually received by Lender. If any notice required by
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this Security Instrument is also required under Applicable Law, the Applicable Law requirement will satisfy
the corresponding requirement under this Security Instrument.
16. Governing Low; Severability; Rules of Construction. This Security Instrument shall be governed
by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations
contained in this Security Instrument are subject to any requirements and limitations of Applicable Law.
Applicable Law might explicitly or implicitly allow the parties to agree by contract or it might be silent, but
such silence shall not be construed as a prohibition against agreement by contract. In the event that any
provision or clause of this Security Instrument or the Note conflicts with Applicable Law, such conflict shall
not affect other provisions of this Security Instrument or the Note which can be given effect without the
conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender; (b) words in the singular shall mean and include
the plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any
action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
18. Transfer of the Property or a Beneficial Interest In Borrower. As used in this Section 18,
Interest in the Property" means any legal or beneficial interest in the Property, including, but not limited to,
those beneficial interests transferred in a bond for deed, contract for deed, installment sales contract or escrow
agreement, the intent of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not'.
a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written
consent, Lender may require immediate payment in full of all sums secured by this Security Instrument.
However, this option shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall
provide a period of not less than 30 days from the date the notice is given in accordance with Section 15
within which Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay these
sums prior to the expiration of this period, Lender may invoke any remedies permitted by this Security
Instrument without further notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower
shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the
earliest of. (a) five days before sale of the Property pursuant to any power of sale contained in this Security
instrument; (b) such other period as Applicable Law might specify for the termination of Borrower's right to
reinstate; or (c) entry of a,judgment enforcing this Security Instrument. 'chose conditions are that Borrower:
(a) pays Lender all sums which then would be due under this Security Instrument and the Note as if no
acceleration had occurred; (b) cures any default of any other covenants or agreements; (c) pays all expenses
incurred in enforcing this Security Instrument, including, but not limited to, reasonable attorneys' fees,
property inspection and valuation fees, and other fees incurred for the purpose of protecting Lender's interest
in the Property and rights under this Security Instrument; and (d) takes such action as Lender may reasonably
require to assure that Lender's interest in the Property and rights under this Security Instrument, and
Borrower's obligation to pay the sums secured by this Security Instrument, shall continue unchanged. Lender
may require that Borrower pay such reinstatement sums and expenses in one or more of the following forms,
as selected by lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's check or cashier's
check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency,
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instrumentality or entity; or (d) Electronic Funds Transfer, Upon reinstatement by Borrower, this Security
Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred.
However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the
Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower.
A sale might result in a change in the entity (known as the "Loan Servicer") that collects Periodic Payments'
due under the Note and this Security Instrument and performs other mortgage loan servicing obligations under'
the Note, this Security Instrument, and Applicable Law. There also might be one or more changes of the Loan
Servicer unrelated to a sale of the Note. If there is a change of the Loan Servicer, Borrower will be given
written notice of the change which will state the name and address of the new Loan Servicer, the
address to which payments should be made and any other information RESPA requires in connection with a
notice of transfer of servicing. If the Note is sold and thereafter the Loan is serviced by a Loan Servicer other
than the purchaser of the Note, the mortgage loan servicing obligations to Borrower will remain with the Loan
Servicer or be transferred to a successor Loan Servicer and are not assumed by the Note purchaser unless
otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of,
this Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in
compliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time
period which must elapse before certain action can be taken, that time period will be deemed to be reasonable
for purposes of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant
to Section 22 and the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to
satisfy the notice and opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
defined as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following
substances: gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides,
volatile solvents, materials containing asbestos or formaldehyde, and radioactive materials; (b)
"Environmental Law" means federal laws and laws of the jurisdiction where the Property is located that relate
to health, safety or environmental protection; (c) "Environmental Cleanup" includes any response action,
remedial action, or removal action, as defined in Environmental Law; and (d) an "Environmental Condition"
means a condition that can cause, contribute to, or otherwise trigger an F,nvironmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor
allow anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b)
which creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous
Substance, creates a condition that adversely affects the value of the Property. The preceding two sentences
shall not apply to the presence, use, or storage on the Property of small quantities of Hazardous Substances
that are generally recognized to be appropriate to normal residential uses and to maintenance of the Property
(including, but not limited to, hazardous substances in consumer products).
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Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any
Hazardous Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental
Condition, including but not limited to, any spilling, leaking, discharge, release or threat of release of any
Hazardous Substance, and (c) any condition caused by the presence, use or release of a Hazardous Substance
which adversely affects the value of the Property. If Borrower learns, or is notified by any governmental or
regulatory authority, or any private party, that any removal or other remediation of any Hazardous Substance
affecting the Property is necessary, Borrower shall promptly take all necessary remedial actions in accordance
with Environmental Law. Nothing herein shall create any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to
acceleration under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower
of, among other things: (a) the default; (b) the action required to cure the default; (c) when the default
must be cured; and (d) that failure to cure the default as specified may result in acceleration of the sums
secured by this Security Instrument, foreclosure by judicial proceeding and sale of the Property. Lender
shall further inform Borrower of the right to reinstate after acceleration and the right to assert in the
forechuare proceeding the non-existence of a default or any other defense of Borrower to acceleration!
and foreclosure. If the default is not cured as specified, Lender at its option may require immediate.
payment in full of all sums secured by this Security Instrument without further demand and may,
foreclose this Security Instrument by judicial proceeding. Lender shall be entitled to collect all expenses!
Incurred in pursuing the remedies provided in this Section 22, including, but not limited to, attorneys''
fees and costs of title evidence to the extent permitted by Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and
the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and
satisfy this Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee.
for releasing this Security Instrument, but only if the fee is paid to a third party for services rendered and the
charging of the fee is permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or
future laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and
homestead exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour
prior to the commencement of bidding at a sheriffs sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to
Borrower to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under
the Note.
Initials
4R 4A(PA) (0502) CHL (02105) Page 15 of 17 Form 3039 1101
DOC ID #: 00010916949908005
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this
Security Instrument and in any Rider executed by Borrower and recorded with it.
Witnesses:
H. FOX
_ (Seal)
-Borrower
- (Seal)
-Borrower
(Seal)
-Borrower
(Seal)
-Borrower
4ft -8A(PA) (0502) CHL (02105) Page 16 of 17 Form 3039 1101
DOC'+ ID #: 00010916949908005
COMMONWEALTH OF PENNSYLVANIA, UOMWA I- 6 . County ss:
On this, the day of Qll A,Q1,01mg , before me, the
undersigned officer, personally appeared ,
known to me (or satisfactorily proven) to be the
person(s) whose name(s) is/are subscribed to the within instrument and acknowledged that Pe/phe/they
executed the same for the purposes herein contained.
IN WITNESS WHEREOF, I hereunto set my hand and official seal.
My Commission Expires: ?? a(}1 x11117
r
COMMONW9&Q F NNS Y
Ys?el1, Ndary Public
West Het{?eld 71vp., t,atlCalti0l'
MY taoa?ssion F tw[ay 20,
Member ? Assoeltai0n of t?loMtiea
Certificate of Residence ,
I - U1 4-a- 12 4- 1-0
Title of Office
1, s u/JV I ( )I %`l J"- ) , do hereby certify that
the correct address of the within-named Mortgagee is P.O. Box 2026, Flint, MI 48501-2026.
1 fM
Witness my hand this ? day of ,U ? c' Cl?
Ll-j-
Agent of Mortgagee
Initials: -
at -GA(PA) (0502) CHL (02105) Pape 17 of 17 Form 3039 1101
N } i'' s, r a Y
1009 S .P 1 8 PH 3:
CUPrs
77T, /0 d,
c#-?1-1Gq?
Alo )-3a ? gi?
Sheriffs Office of Cumberland County
R Thomas Kline
Sheriff
Ronny R Anderson
Chief Deputy
Jody S Smith
Civil Process Sergeant
Edward L Schorpp
Solicitor
a?,htn of sumltrr??
QFFICF ; TtiE SHERIFF
FILED f LL
RY
2004OCT 1210 A11 0: 51
CuE f,
BAC Home Loans Servicing, LP
vs.
John H. Fox
Case Number
2009-6282
SHERIFF'S RETURN OF SERVICE
09/22/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: John H. Fox, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant John H. Fox. The request for service at 60 South Pin Oak Drive Boiling Springs, PA 17007 is
vacant. An exact address is not available.
09/23/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: John H. Fox, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant John H. Fox. Cinda Fox advised Deputy's John H. Fox is living in a mental hospital and has
never resided at 69 Tip Top Circle, PA 17015. An exact address is not available.
10/19/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: John H. Fox, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant John H. Fox. After several attempts at 6 Irwin Drive Shippensburg, PA 17257 the Complaint
has expired.
SHERIFF COST: $134.40
October 19, 2009
SO ANSWERS,
R THOMAS KLINE, SHERIFF
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Bac Home Loans Servicing, Lp Fka Countrywide
Home Loans Servicing Lp
Plaintiff
V.
John H Fox
Defendant
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number 09-6282 civil term
MOTION TO ALLOW SERVICE ON THE DEFENDANTS
PURSUANT TO PA RULE OF CIVIL PROCEDURE 430
Plaintiff attempted to personally serve a true and correct copy of the Complaint in Mortgage
Foreclosure upon the Defendant, John H Fox, at his last-known address of 6 Irwin Drive, Shippensburg, Pennsylvania
17257. The process server was not able to serve the Defendant because the Defendant was not found after multiple
attempts. Plaintiff attempted to serve a true and correct copy of the Complaint in Mortgage Foreclosure upon the
Defendant's mortgaged property of 60 South Pin Oak Drive, Boiling Springs, Pennsylvania 17007. The process server
was not able to serve the Defendant because the property is vacant. The process server attempted to personally serve a
true and correct copy of the Complaint in Mortgage Foreclosure upon the Defendant at an alternate address of 69 Tip
Top Circle, Carlisle, Pennsylvania 17015. The process server was not able to serve the Defendant. Per Cinda Fox,
inhabitant, the Defendant has never resided at the given address. True and correct copy of the Return of Service
indicating the same is attached hereto, made a part hereof as Exhibit "A".
2. Pursuant to Pennsylvania Rule of Civil Procedure 430, Plaintiff has conducted a good faith
investigation to determine the current whereabouts of Defendant and the attached Affidavit sets forth in detail the nature
and extent of the investigation. See Affidavit of Good Faith Investigation attached hereto and marked Exhibit "B".
3. As a result of the investigation, a special Order of Court is required permitting service by regular and
certified mail at the Defendant last known address and by posting a copy of the original process on the mortgaged
premises.
No judge has ruled upon any other issue in this matter or in any related matter.
No attorney has entered an appearance in this matter on behalf of Defendant and, therefore, no
concurrence of opposing counsel was sought with regard to the instant motion.
If service cannot be made on the Defendant, John H Fox, the Plaintiff will be prejudiced.
WHEREFORE, Plaintiffprays this Honorable Court grant an Order allowing the Plaintiffto serve the Complaint
in Mortgage Foreclosure, and all other subsequent pleadings that require personal service, and the Notice of Sheriff's
Sale upon the Defendant, John H Fox, by regular mail; certified mail, return receipt requested; and by posting at the last-
known address of Defendant and the mortgaged premises known in this herein action as 60 South Pin Oak Drive, Boiling
Springs, Pennsylvania 17007.
TERRENCE J.LcB ,ESQUIRE
MARC S. WEISBERG, SQUIRE
EDWARD D. CONWA , ESQUIRE
MARGARET GAIRO, SQUIRE
ANDREW L. MARKO ITZ, ESQUIRE
Attorneys for Plaintiff
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Bac Home Loans Servicing, Lp Fka Countrywide
Home Loans Servicing Lp
Plaintiff
V.
John H Fox
Defendant
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number 09-6282 civil term
MEMORANDUM OF LAW
If a resident Defendant has obstructed or prevented service of process by concealing his whereabouts or
otherwise, the Plaintiff shall have the right of service in such a manner as the Court by special order shall direct
service pursuant to P.R.C.P. 430.
WHEREFORE, Plaintiff prays this service be made.
TERRENCEJ
MARC S. WEISBERi
EDWARD D. CONW
MARGARET GAIR(
ANDREW L. MARK,
Attorneys for Plaintiff
flE, ESQUIRE
ESQUIRE
Y, ESQUIRE
ESQUIRE
WITZ, ESQUIRE
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Bac Home Loans Servicing, Lp Fka Countrywide
Home Loans Servicing Lp
Plaintiff
V.
John H Fox
Defendant
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number 09-6282 civil term
CERTIFICATION OF SERVICE
I, AAJrew C . f Ot*iJi? ,.Esquire, attorney for the Plaintiff, hereby certify that I served a true and
correct copy of the foregoing Motion for Alternative Service, by United States Mail, first class, postage prepaid, on
the 18th day of November, 2009, upon the following:
John H Fox
6 Irwin Drive
Shippensburg, Pennsylvania 17257
TERRENCE J(1
MARC S. WEI
EDWARD D. Ct
MARGARET G
ANDREW L. M.
Attorneys for Plai
E, ESQUIRE
ESQUIRE
AY, ESQUIRE
), ESQUIRE
OWITZ, ESQUIRE
VERIFICATION
The undersigned attorney hereby certifies that he/she is the attorney for the Plaintiff in the within action and
that he/she is authorized to make this verification and that the foregoing facts are true and correct to the best of
his/her knowledge, information and belief and further states that false statements herein are made subject to the
penalties of 18 PA.C.S. §4904 relating to unsworn falsification to
TERRENCE 4.. Mc
MARC S. WF S
EDWARD D. CON
MARGARET GAI
ANDREW L. MAP
Attorneys for Plainti
KBE, ESQUIRE
G, ESQUIRE
AY, ESQUIRE
), ESQUIRE
OWITZ, ESQUIRE
3 s ?Y- ??cM
Sheriffs Office of Cumberland County
R Thomas Kline
Sher
0,0 . of Carnbrrt
Ronny R Anderson ??ld
?4u
Chief Deputy
-*4
Jody S Smith
Civil Process Sergeant : rFFCE OF THE Ss<-RIFF
Edward L Schorpp
Solicitor
BAC Home Loans Servicing, LP I Case Number
vs. 2009-6282
John H. Fox
SHERIFF'S RETURN OF SERVICE
09/22/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: John H. Fox, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant John H. Fox. The request for service at 60 South Pin Oak Drive Boiling Springs, PA 17007 is
vacant. An exact address is not available.
09/23/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: John H. Fox, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant John H. Fox. Cinda Fox advised Deputy's John H. Fox is living in a mental hospital and has
never resided.dt 69 Tip Top Circle, PA 17015. An exact address is not available.
10/19/2009 R. Thomas Kline, Sheriff, who being duly sworn according to law, states that he made a diligent search
and inquiry for the within named defendant to wit: John H., Fox, but was unable to locate him in his
bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the
defendant John H. Fox. After several attempts at 6 Irwin Drive Shippensburg, PA 17257 the Complaint
has expired.
SHERIFF COST: $134.40 SO ANSWERS,
October 19, 2009 R TH0//MAS../KLINE, SHERIFF
Exhibit A
Attorney Outsourcing Support Services, Inc.
Suite 2040
Stacey O'Connell 123 S. Broad Street
Operations Manager Philadelphia PA 19109
tel. (215)790-5964
fax (215)320-5779
Affidavit of Good Faith Investigation
SUBJECT OF INVESTIGATION:
John H Fox
CLIENT: McCABE, WEISBERG & CONWAY, P.C.
FILE #: 35464
MATTER #: 234-1121pa
COURT TERM & NUMBER:
AOSS FILE #: 08-2355
SUBJECT'S LAST KNOWN ADDRESS:
6 Irvin Drive, Shippensburg, PA 17257
Serving
Connecticut, New York,
New Jersey, Pennsylvania,
Maryland,
Virginla, and AC
I Anisa Lakuricgi, being duly sworn according to law, deposes and says that on
/-O;I -0 I completed a good faith investigation into the whereabouts of the above
named subject and the extent of the investigation and the results are as follows:
INQUIRY OF POSTAL AUTHORITY:
A. NATIONAL ADDRESS UPDATE
Postal authority has not responded after a written request.
Postal authority responded for the property address, 60 South Pin Oak
Drive, Boiling Springs, PA 17007, stating that the subject's mail is
delivered to 6 Irvin Drive, Shippensburg, PA 17257
2. INQUIRY OF LOCAL TELEPHONE COMPANY
A. DIRECTORY ASSISTANCE AND INTERNET SEARCH
Subject has an unlisted phone number at 69 Tiptop Circle, Carlisle, PA
17015
Exhibit B
Page Two
John H Fox
(subject)
3. INQUIRY OF DEPARTMENT OF MOTOR VEHICLES:
I was unable to verify current drivers license information for the subject.
4. INQUIRY OF COUNTY VOTER REGISTRATION
I was unable to confirm a listing with the County Voters Registration Office
for the subject.
5. INQUIRY OF NEIGHBORS:
Richard Keating, 2 Irvin Drive, Shippensburg, PA 17257 (717)532-8738
There was no answer. Left a message for the neighbor
Jerry Lynch, 8 Irvin Drive, Shippensburg, PA 17257 (717)532-8029
Adult female stated that she does not know the subject.
6. OTHER INQUIRES:
A. DEATH RECORDS
Social Security does not have a death record for the subject under the SSN.
B. INTERNET SEARCH:
Search shows subject resides at 69 Tiptop Circle, Carlisle, PA 17015
C. LOCAL TAX RECORD INQUIRY: .
Tax bill is mailed to 69 Tiptop Circle, Carlisle, PA 17015
The information set forth in this Affidavit of Good Faith Investigation is true and correct
to the best of my knowledge and belief.
BY: - t
NAME: Anisa Lakurigi
TITLE: Location Specialist
Notary Public:
Sworn before me this day COMMONWE&L op r,EiViy r?ugy?l
05 r
2009. NOTARIAL SEAL STACEY M. O'CONNELL, Notar • Pi
k
City Of Philadelphia. Phil, c i311Lyr
_.My ommisgibn Exp' t'
I:: Gi1y .!!f)I
Postmaster Date: October 29, 2009
3 E 1 ST ST
BOILING SPRINGS, PA 17007-9998
REQUEST FOR CHANGE OF ADDRESS OR BOXHOLDER INFORMATION
NEEDED FOR SERVICE OF LEGAL PROCESS
Please furnish the new address or the name and street address (if a boxholder) for the following:
Name: John H Fox
Address: 60 South Pin Oak Drive, Boilinst Springs, PA 17007
Note: Only one request may be made per completed form. 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.
1. Capacity of requester (e.g., process server, attorney, party representing self: Process Server
2. Stature 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 state): Process Server for AOSS (Rule 400.1.b)
3. The names of all known parties to the litigation:
4. The court in which the case has been or will be heard:
5. The docket or other identifying number ( a or b must be completed):
_ a. Docket or other identifying number:
b. Docket or other identifying number has not been issued.
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 THAT THE SERVICE OF LEGAL PROCESS IN
CONNECTION WITH ACTUAL OR PROSPECTIVE LITIGATION COULD RESULT IN CRIMINAL PENALTIES
INCLUDING A FINE OR TO $10, 000 OR IMPRISONMENT OF NOT MORE THAN 5 YEARS, OR BOTH (TITLE 18
U.S. SECTION 1001)L.
I certify that the above information is true and that the address information is needed and will be used solely for service
of le rotes conjun on with actual or prospective litigation.
123 S. Broad Street Ste. 2050
Si ure Address
Anisa Lakuriqi for AOSS Philadelphia. PA 19109
Printed Name City, State. ZIP Code
POST OFFICE USE ONLY
No change of address order on file. NEW ADDRESS OR BOXHOLDER'S POSTMA 07
Moved, left no forwarding address. NAME STREET ADDRESS ?-~
No such address. -:r2 V LM
'Ib (
FILED-Qil: tCE
OE THE € THONOCTARY
2009 NOSY 20 Alf 9: L 0
GGIi? . ° v3TY
PE 'NN!SYLWIVNJ?VA
S
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Bac Home Loans Servicing, Lp Fka Countrywide
Home Loans Servicing Lp
Plaintiff
V.
John H Fox
Defendant
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number 09-6282 civil term
ORDER
AND NOW, this Z y'day of A/ov?.,?? , 2001 , the Plaintiff is granted leave to serve the Complaint
in Mortgage Foreclosure upon the Defendant, John H Fox, by regular mail and by certified mail, return receipt
requested, to his last known address of 6 Irwin Drive, Shippensburg, Pennsylvania 17257 and by posting the
Complaint at the mortgaged premises of 60 South Pin Oak Drive, Boiling Springs, Pennsylvania 17007.
BY THE COURT:
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2099 NOY 24 AM 10: 5 5
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a
wR
McCABE, WEISBERG AND CONWAY, P.C. .
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
l23 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Bac Home Loans Servicing, Lp Fka Countrywide
Home Loans Servicing Lp
Plaintiff
v.
John H Fox
Defendant
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number 09-6282 civil term
PRAECIPE TO REINSTATE COMPLAINT
TO THE PROTHONOTARY:
Kindly reinstate the Complaint in Mortgage Foreclosure in the
TERRENCE J. Mc E, ESQUIRE
MARC S. WEISB G, ESQUIRE
EDWARD D. CO AY, ESQUIRE
MARGARET GAIRO, ESQUIRE
ANDREW L. MARKOWITZ, ESQUIRE
Attorneys for Plaintiff
i:'~
.. ,.~:-
~~ 1' ~ ~ .° "1. V
~v~~~,
1!%
e~ 9va~a ~
~2~- a a v3ya~,
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson ` -
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
Solicitor
~~j~~tt+, of ~arrrGp~fi~t~
~,
c~~ .,~ ~ -..G ..~~.~~
~! {~'~:
. ~.._
..~ ,; r/y _ ,# Imo;,
~_ J~ li v '.,. r n L Y~ t i { {~f
N •_ ,.
BAC Home Loans Servicing, LP
vs.
John H. Fox
Case Number
2009-6282
SHERIFF'S RETURN OF SERVICE
04/06/2010 07:50 PM -Shawn Harrision, Deputy Sheriff, who being duly sworn according to law, states that on4/6/10
at 1950 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 John H. Fox, located at, 60 South Pin Oak Drive, Boiling
Springs, Cumberland County, Pennsylvania according to law.
04/06/2010 07:50 PM -Shawn Harrison, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10
at 1950 hours, he served a true copy of the within Real Estate Writ, Notice and Description, in the above
entitled action, upon the within named defendant, to wit: John H. Fox, by posting property located at, 60
South Pin Oak Drive, Boiling Springs, Cumberland County, Pennsylvania, pursuant to court order.
06/03/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that after due and legal notice
had been given according to law, he exposed the within described premises at public venue or outcry at
the Courthouse, Carlisle, Cumberland County, Pennsylvania on June 2, 2010 at 10:00 o'clock A.M. He
sold the same for the sum of $1.00 to Attorney Terrance McCabe, on behalf of Federal Natinoal Mortgage
Association, being the buyer in this execution, paid to Sheriff Ronny R. Anderson, the sum of $ 1,012.16
07/09/2010 Deed recorded 07-09-10.
SHERIFF COST: $1,012.16 SO ANSWERS,
July 09, 2010 RON R ANDERSON, SHERIFF
~ f~.Z~D Pd. Q.~,l~.
sv ~--P°~
(r„ CountySuite Shenff. Tel~osoft. Inc. ~~ a ~~~~
r
s
,
McCA13E, WI:1S13I:I2G ANU CONWAY, 1'.C.
I3Y: TI:I2RlNCE ,1. Mc.CA13[~, F..SQUIRI: - ID # 1(i49G
MARC S. Wi;iS131I2G, I;SQUi.lt.l - iD # 17G1G
I:UWARU U. CONWAY, GSQUIRr - lU # 34687
MAI2CrARC7' GAIRU, IsSQUIRG - IU # 34419
123 Soutl- l3road Sheet, Suite 2080
Plliladelplsia, PennsyIvania 191()9
(21S 790-1010
13ac 11ome 1-.owns S~rvicin;;, L,P fha Countrywide flomc
L.:O;Ills Sia'\'IC:n1;2 1:1'
Plaintiff
Attorneys 1'or I'Eaintiff
CtJ}\g13fR1_i1N17 COI_IN'T'Y
C'Ot.!lt'1' C)l~ C:C)Ml~•1C>N i'L_h:~ti
NO: 09-f>282 civil term
v.
John 1-1 Ibx
Dcfc:ndant
AF~IUAVIT PURSUANT TO RULT 3129
'!-he :.mdersigned, attorney for Plaintiff' in the above action, sets forth as of the date the T'raecipe for t}1e 1~1h-it of
Execution ~~~as filed the follola~irlg information concerning the real property located at: GO South Pin Oak Drive, Boiling
Spl'II1gS, Pennsylvania 17007, a copy of the description of said properh~ being attached hereto and market! Exhibit "A."
1, Name and address of 01+~ner or Reputed Owner
Name Address
.lohn Ii lox 6 Trvin Drive
Shippensburg, PA 17257
3. Name and address of Defendant in the judgment:
Name A<Ids~ess
John 1I 1=ox G h•vin l.)rivc
Shippensburg, I'e[lnsylvania 17357
3. Name and last known address of every •judgment a•cditor whose •judgment is a record lien on the real
property to be sold:
Name Address
Plaintiff herein.
Cumberland County Adult Probation i Courthouse Square
Carlisle , Pennsylvaniat 17013
4. Name and address of-fhe last recorded holder cif every morf~~a~e of record:
Name ndch•ess
Plaintiff herein,
S. Name and address of every other person who has any record lien on the property:
Name Address
NONE
G. Name and address of every other person who has any record interest in the property which may be
affected by the sale:
Name Address
NONL
7. Name and address of every other person of whom the plaintiff has kr~a~+~ledge ~~~ho has any interest in the
property which may he affected by the sale:
Name Address
"TenantsiOccupants 60 South Pin Oak Drive
C;omnumwealth OfPL'11r1S)'IVillllit
Camnxnrvealth of Pennsylvania
hiheritance 'l'ax Oi'f-ice
Boiling Springs, Pennsylvania 17007
Deparui~ent of Public Welfare
P.O. E3ox 2Ci75
1-larrisburg, PA 17105
1 10 North 8'~' Street
Suite rl20A~
Philadelphia, PA 1)107
Comnu~rlwcalth ol'Pennsylvania
Bureau of Individual '['ax
Inheritance Tax Division
Department of Public 1~I~elfare
'T'PC. Casualiv Unit Estate
Recovery Program
PA I:)eparhnent of Revenue
Commom~jcalth oI' Pennsylvania
Depal-t:ment of Revenue 1.3urcau of
Compliance
United States of'America
Damestlc Relat1011S
Cumberland County
United States of America
Gih I=loor, Strawberl•y Square:
L)epartmerlt #'280601
I{tu'r'isburg, 1'A 17128
Willow Oak Building
P.O. Boy 8486
llarrisburg, PA 17105-8486
Bureau afCompliance
I'.E). 13ax ?81230
Iiarrisburg, PA 17128-1230
Clearance Support Department 281230
I{arrisburg, PA 17128-123(}
A'1'T'N: S1lerifFs Sales
InternallZevenue Service
't'echnical Supporl Grotlp
William Green hederal Iuilding
Room 3259
600 Arch Street
Philadelphia, PA 19106
I'.O. Box 320
Carlisle, PA 17013
c/o United States Attorney far the
Middle District of PA
235 Narth Washington Su'cet
Scranton, PA 18503
and
Federal [iuilding
228 Walnut Street
P.O. I3ox 11754
I{arrisbur'g, PA 17108
Name and address ai'AttorneY of record:
Name Address
NC)Nl.
1 verity that file statements made in this Affidavit are true and correct to flu best oi'my personal hno~i~ledgc or
information and belief. i understand that false statements herein are made subject to the penalties o1'i8 E'a.C.S. Section
4904 relative to uns~~~orn fiiisiticatinn to authorities. ..----,
.-'
l~ebruary 28 2010 TTRRrNCr J. McCAl3i;, rSQUIRE
I)AT'[: MARL S. WEISBI;RG, 1'sSQUIRF
EI)WARll 13. C4NWAY, Ii5QUIRIs
MARGARET CAIRO, I:SQUiRG
Attorneys for Plaintiff
LI,cAI. Di:SCRIPT'IOiV
ALL "1'I iA"C CI3R'l'AIN piece or parcel of bind situated in the '1'ownsh'ry) of South Middleton, County i)fCumberland
and Canlnu)mvealth of Pennsylvania, more particularly bounded and described as tbllows:
I3i3<iINNING at a point on the eastern legal right-of=++~ay line of South Acorn Drive at the dividing line bec+aeen L.ot
Nos. SO and 7G as sha+an on the hereinafter mentioned flan of Lots; thence along said dividing line bet+veen Lot
Nos. SU and 7G, Soutll A4 degrees 4fi mimtles i:ast, a d;stance of I as feet to a paint at ale. dividh,g line bet+veen
Lot. Nos. ~0 and 49, as sho+vn on the hereinafter mentioned flan of Lots; thence along said dividing line behveen
[.,ot Nos. SO and 49, Soutlt 24 degrees 59 minutes S seconds East, a distance of I X9.06 feet to a point on the
northern legal right-of=~+~ay line of South Pin Oak Drive; thence along said northern Icgal ri~,ht-c>f way line of South
Pin Oal< Drivi, t11c fi)]lo+ving n+~o (2} courses ilnd dlSlanCCS: (I } On a curve to t11e right having a radius of 17~ Peet,
an arc distance of i0 feet to a paint; and (2} North 86 dc,Trccs 44 minutes 23 seconds West, a distance of 1 1 U.3 I
feet to a point on the s<inle at the beginning of a curve forming the legal right-of=+vay IIr11itS of tllu ni)1'tI1P.aSt COrnel'
oi'tllc inwrsection o1'South Pin Oal: 1)r'IVe anCl SaUtI) ACaT'rt D!'IV('; thence around said corner on a curve to the
right having a radius of 2{) feet, an arc distance of 32.09 feet to a pi)iilt an the eastern legal right-al=way line of
South Acorn Drive; thC;nCe itI011g SiUd CaSI(:I'n legal right-of-way line of Soutlt Acorn C>rive, North 5 degrees 12
n1lmllCS Last, a distance of 130 feet t.o a point on the same at the dividing line bet+aeen Lot Nos. SU and 7G as
sho++m on the hereinafter nlentianed Plan of Lots, the place of•I3F.;GINNING.
131.~ING L.ot No. iU as sha+vn on a certain Subdivision ('Ian of Lots entitled "hinal Plan of Phase One for `the
Oaks", as recorded in the O1'tice of the Recorder of Deeds in and for Cunlbei-land County, Pennsylvania, in Plan
Book Sa, page I U4.
1'ARCLL. NO. 40-10-0630-1 I2.
131=1NG the same premises +vhicll John II. I'ox and Cinda [., Pox, by Deed dated UI-24-97 and recorded 01-29-97
in the Office of the Recorder of [7eeds in and for the County of Cuitlber•land ir1 Record Book 1 S2, Page 742,
granted and conveyed unto John I-I. Pox.
1.3eing Known As: 60 South Pin Ual: Drive, E3oiling Springs, Pennsylvania 17007
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorneys for Plaintiff
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
CIVIL ACTION LAW
Bac Home Loans Servicing, LP flea Countrywide Home
Loans Servicing LP
v.
COURT OF COMMON PLEAS
CUMBERLAND COUNTY
John H Fox
Number 09-6282 civil term
NOTICE OF SHERIFF'S SALE OF REAL PROPERTY
To: John H Fox John H Fox
6 Irvin Drive 60 South Pin Oak Drive,
Shippensburg, Pennsylvania 17257 Boiling Springs, Pennsylvania 17007
Your house (real estate) at 60 South Pin Oak Drive, Boiling Springs, Pennsylvania 17007 is scheduled to be
sold at Sheriffs Sale on June 2, 2010 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the
Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of
$257,305.40 obtained by Bac Home Loans Servicing, LP fka Countrywide Home Loans Servicing LP against you.
NOTICE OF OWNER'S RIGHTS
YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE
To prevent this Sheriffs Sale you must take immediate action:
The sale will be canceled if you pay to Bac Home Loans Servicing, LP fka Countrywide Home Loans
Servicing LP the back payments, late charges, costs, and reasonable attorney's fees due. To find out how
much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010.
You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the
judgment was improperly entered. You may also ask the Court to postpone the sale for good cause.
You may also be able to stop the sale through other legal proceedings.
You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the
sale. (See the following notice on how to obtain an attorney.)
YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY
AND YOU HAVE OTHER RIGHTS
EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE
1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the
price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010.
2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate
compared to the value of your property.
3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if
this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010.
4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if
the sale never happened.
5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff
gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you.
6. You may be entitled to a share of the money which was paid for your real estate. A schedule of
distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the
sale. This schedule will state who will be receiving that money. The money will be paid out in
accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is
wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution.
You may also have other rights and defenses, or ways of getting your real estate back, if you act
immediately after the sale.
YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A
LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN
PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER.
IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU
WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE
PERSONS AT A REDUCED FEE OR NO FEE.
LAWYER REFERRAL SERVICE
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800)990-9108
ASSOCIATION DE LICENCIDADOS
Cumberland County Bar Association
2 Liberty Avenue
Carlisle, Pennsylvania 17013
(800)990-9108
,~
3Syb~ - oRD~.
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARL S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET CAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
Bac Home Loans Servicing, Lp Fka Countrywide
Home Loans Servicing Lp
Plaintiff
~av~mber a3,a~5
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number 09-6282 civil term
ORDER
AND NOW, this.l'f day of n.Gvra+*-~ , 200 9, the Plaintiff' is granted leave to serve the Complaint
John H Fox
Defendant
in Mortgage Foreclosure upon the Defendant, John H Fox, by regular mail and by certified mail, return receipt
requested, to his last known address of 6 Irwin Drive, Shippensburg, Pennsylvania 17257 and by posting the
Complaint at the mortgaged premises of 60 South Pin Oak Drive, Boiling Springs, Pennsylvania 17007.
BY THE COURT:
~y ~ /~
J.
t ~ t~~ ~~~~ 1=~~~i ~? ;~~~ t+~j`
Testimony whereof, I here unto set my han~u
~.~~a the seal of saki Court >:t Carlfsw, ~„
PrahOnlM~l1
LEGAL I)~F,SCRIY'i'lON
Al.l.. "l~i IA"1' C:E_i1Z•1•A1N piece or parcel of land situated in the. "1"ownsltip of Satrth Middleton, County of Cumberland
and Commonwealth 0f Pennsylvania, mare particularly bounded and described as follows:
1.31~GINNINC at a point an the eastern legal right-of=way line of South Acorn llrive at the dividin; fine between l..ot
Nos. >(} and 7G as shown on the hereinafter mentioned Plart of Lots; thence along said dividing line between Lot
Nos. SO and 7G, South P4 degrees 48 minutes 1;ast, a distance of 100 feet to a point at die dividing line behveen
l.ot Nos. 50 <tnc149, as sho~a•n on the hereinafter mentioned flan oPC_Uts; thence along said dividing fine between
l..ot Nos. 50 and 49, South 24 degrees ~9 minutes S seconiis Mast, a distance of 159.OG feet to a point on the
northern legal right-of-way line o1'South Pin Oali Drive: thence along said nonhcrn legal right-0f-wav line of South
Pin Oak Drive, the fi~llowing two (2) courses and distances: (1 j on a curve to the right having a radius of 17~ 1'cet,
an arc distance of >0 feet to a point; and (2) North 8G degrees 44 minutes 23 seconds \~/est, a distance of 1 IU.31
feet to it point in". the Siinte at the beginnin`.; 0f a curve fi~rmin~? the Ie~~al rigfrt-01=u<ty limits ol•the northeast corner
a1'the intersection 01'South Pin Oak llrive and South Acorn Drive; thettcc in'UUnd Sind C0171eI' Otl a CUTVC 10 the
right having a radius of•20 feca, an arc distance 01.32.09 feet to a point an the eastern legal right-of--way line of
South Acorn Drive; thence along said eastern legal right-of way line o1'South Acorn Drive, North 5 degrees 12
mutates East, a distance of 130 feet to a point 0n the same at the dividing line between I,at Nos. SU and 76 as
shaven on the hereinafter mentioned Plan of Lots, the Place of BI;GINNINC,.
13[>ING Lot No. ~0 as sho~~m on a certain Subdivision i'lan of Lots errtitled "I=inaf Plan of Phase One for'l'he
Oaks", as recorded in the Office of the Recorder of Deeds in and for Cumberland Count), I'enr~sylvania, in Plan
Book SS, page 104.
I'ARCE;L NO. 40-10-0G3G-112,
IiI1NG the same premises which John 1-I. Ibx at~d Cinda L. Pox, by Deed dated 01-24-97 and recorded U1-29-97
in the Office of the Recorder of• Deeds in and for the County of Cumberland in Retard Rook l 52, Page 742,
granted and conveyed unto ,folm 1I. Pox.
Being Kn0\A'r1 As: 60 SOUth Pin Oak Drive, Boiling Springs, Pennsyh~ania 17007
WRIT OF EXECUTION and/or ATTACHMENT
COMMONWEALTH OF PENNSYLVANIA) NO 09-6282 Civil
COUNTY OF CUMBERLAND) CIVIL ACTION -LAW
TO THE SHERIFF OF CUMBERLAND COUNTY:
To satisfy the debt, interest and costs due BAC HOME LOANS SERVICING, LP f/k/a
COUNTRYWIDE HOME LOANS SERVICING, LP, Plaintiff (s)
From JOHN H. FOX
(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 $257,305.40 L.L. $.50
Interest from 1/14/10 to 6/2/10 at $42.60 -- $5,879.70
Atty's Comm % Due Prothy $2.00
Atty Paid $303.24 Other Costs
Plaintiff Paid
Date: 3/5/10
D h
(Seal)
avid D. Buell, Prot onotary
By:
Deputy
REQUESTING PARTY:
Name: TERRENCE J. MCCABE, ESQUIRE
Address: MCCABE, WEISBERG AND CONWAY
123 S. BROAD STREET, SUITE 2080
PHILADELPHIA, PA 19109
Attorney for: PLAINTIFF
Telephone: 215-790-1010
Supreme Court ID No. 16496
On March 22, 2010 the Sheriff levied upon the
~fendant's interest in the real property situated in
~::-= ;>
__
mouth Middleton Township, Cumberland County, PA,
mown and numbered, 60 South Pin Oak Drive, Boiling Springs,
more fully described on Exhibit "A" filed with this
_,
L==
writ and by this reference incorporated herein.
Date: March 22, 2010
By:
Rea Estate oor ina r
' j'~'I 7/
~( r
i;
r~
r
y'~ If f/~
lam' ~~
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
April 16, Apri123, and Apri130, 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
r
~•--
is Marie Coyne, E for
SWORN TO AND SUBSCRIBED before me this
30 da of Aril 2010
Notary
.~~
NOTARIAL SEAL
DE80RAN A COLLINS
Notuy PubNc
CARU8LE BOROUGH, CUMBERLAND COUNTY
My Comma=lion Explns Apr 28, 2014
wit xo. soo9-6zsz civil
k
BAC Home Loans Servicing,
LP F/K/A Countrywide
Home Loans Servicing, LP
vs.
John H. Fox
Atty: Terrence McCabe
ALL THAT CERTAIN piece or
parcel of land situated in the Town-
ship of South Middleton, County of
Cumberland and Commonwealth
of Pennsylvania, more particularly
bounded and described as follows:
BEGINNING at a point on the
eastern legal right-of-way line of
South Acorn Drive at the dividing
line between Lot Nos. 50 and 76 as
shown on the hereinafter mentioned
Plan of Lots; thence along said divid-
ing line between Lot Nos. 50 and 76,
South 84 degrees 48 minutes East,
a distance of 100 feet to a point at
the dividing line between Lot Nos. 50
and 49, as shown on the hereinafter
mentioned Plan of Lots; thence along
said dividing line between Lot Nos. 50
and 49, South 24 degrees 59 minutes
8 seconds East, a distance of 159.06
feet to a point on the northern legal
right-of-way line of South Pin Oak
Drive; thence along said northern le-
gal right-of--way line of South Pin Oak
Drive, the following two (2) courses
and distances: (1) on a curve to the
right having a radius of 175 feet, an
arc distance of 50 feet to a point; and
(2) North 86 degrees 44 minutes 23
seconds West, a distance of 110.31
feet to a point on the same at the
beginning of a curve forming the legal
right-of-way limits of the northeast
corner of the intersection of South
Pin Oak Drive and South Acorn Drive;
thence around said corner on a curve
to the right having a radius of 20
feet, an arc distance of 32.09 feet to
a point on the eastern legal right-of-
wayline of South Acorn Drive; thence
along said eastern legal right-of--way
line of South Acorn Drive, North 5
degrees 12 minutes East, a distance
of 130 feet to a point on the same at
the dividing line between Lot Nos. 50
and 76 as shown on the hereinafter
mentioned Plan of Lots, the Place of
BEGINNING.
BEING Lot No. 50 as shown on
a certain Subdivision Plan of Lots
entitled "Final Plan of Phase One for
The Oaks", as recorded in the Office
of the Recorder of Deeds in and for
Cumberland County, Pennsylvania,
in Plan Book 55, page 104.
PARCEL NO. 40-10-0636-112.
BEING the same premises which
John H. Fox and Cinda L. Fox, by
Deed dated 01-24-97 and recorded
01-29-97 in the Office of the Recorder
of Deeds in and for the County of
Cumberland in Record Book 152,
Page 742, granted and conveyed unto
John H. Fox.
Being Known As: 60 South Pin
Oak Drive, Boiling Springs, Pennsyl-
vania 17007.
i r, -.'
~ --.:k ,.. ;i gf~~k .~ ..~.r .llai-..ham, eix
~.c,~v+Hwrv~.,-vw.. ~,w+.w.r.. ....
~, . , The Patriot-News Co.
2020 Technology Qkwy
Suite X300 -
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND CO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
c't~e ~latriot News
NOw you know
THE PATRIOT-NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
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
c'r 04/30/10
.i'~-..~
Sworn to and ~it~jrribed before m~this,,'#~~"ay of May, 2010 A.D.
Public
COM ~ pryyyEq~~ Se~NSYLVANIq
MY Comm ~''' °a County
~~., Pen won mites Nov. 26, 2011
t-svivania As~y~n of Notables
wNr r~,,.'aw~t~rrts~t~„
~ iirMww 1.o~s ~`U"
r'6c/A ~iurmy~trt~.ttw tan
., ~ ~~`
V~.
Jah~t H:`Foz,
XEty: T~ronao ~IAdCe6e`
ALL THAT C~RTAIDT l ar ~aicel of lead
situated in de Township of ~SonEh Middleton,
County of Qtntlx~rland ,
and Commonwealth of Pennsylvania, more
P~1Y bomded,agd descaitied as follows:
BF,GINN~+1'Cr at a Dint on the egstern legal
ciS6t-of`-wiY ~ine,of South Acoan Utlve at the
dividing line between Lot Nos. 56 and 76 as
showaon the ha'meoGOnedPhm of Lots;
~~8.t~d didiae betwtenL~ Nos:
50 and 76, South'~F d~recs 48 urintdes East, a
disfancx of lOQ feaYO"apaiq~~at t~ diri~g line
between I.otl!fos, $Q and,49, as shown on the
haei~ memibuecl Plan of l;Ats; thence along
said dividing ,like tietweea T.nt Nps..50 and 49,
Soth 24;degrees 54 minutes 8.seconds Fast, a
dist~e of 15906 fgef to a point am thg; northern
legal--!4f-way Ime of South Pi8 Clak, Tftive;
th~ce"alalg said narhem legal right=of--way line
of Soafh Pin Oak Drive, the following two (2)
courses and di~ances~ (1) on s iaErve to the right'
having a radian of 175 feet,
an arc distance of 50'feet to a port; and (2)
Noah 86 degr~ 44 miwrtes 23 setxmda West,
a dis~nce ~ 11031 feet to a point on the same
at the beginnjeg of a culde formia~~the
rightwf--yv8y limits ofthe nortfxestoojacs.of the
iatersectioe,of South Pin Oak;Drive and South
Acorn Drive; t6euce;around-said corner op a
curve to therr~t baying a radius of 20 fett,'an
legal. riBLt-ofwaY line of Scatth Accra Dave;
thence along said eastan 1bga1 rigMof-wayline
of SouthAcdn Drive, North S.degnxa 12 minutes
Fast, a diet>upce of 130 feet to apoiot on the.same
at the dividitl~g l;ne behveea Lat Nos. 50 and 76 as
shown on the hareinaitemedticsxd Flan of Lots,
the Phtoe ~'J3EGINNIN(3.
BEING Lot. No. 50 as shown` on a certain
Subdivision Plan of Lots entitled "Final Plaa
oi` Pltaae Qtte for Tlu't,3alts"+ as tecoided in
the Oflicx of the 1 of Deeds in and for
Clmobedaad Coady, Pemaytvaoia, io flan Book
55.page 104.
PA1tCii1. N0.40~10-0636.1'12:
BEING'the seine premises which John FI. Fox
and Cinch'L. Fox, hY lked datpd,01-2497 and
01-29-'97 is tAe,Office of the ReeaEda'.
o in and for ttie County of Cumbedand.
in rd Book 152, Fa84 7`42', granted and.
~-~~~'
B~R1 i AS: fwll 1~ Ork lative,
`~[ ~~ ~ 17bt17, .
COMMONWEALTH OF PENNSYLVANIA
COUNTY OF CUMBERLAND
} SS:
I, Robert P. Ziegler, Recorder of Deeds in and for said County and State do hereby certify that
the Sheriff s Deed in which FEDERAL NATIONAL MTG ASSOC is the grantee the same having been
sold to said grantee on the 2ND day of JUNE A.D., 2010, under and by virtue of a writ Execution issued
on the 5TH day of MARCH, A.D., 2010, out of the Court of Common Pleas of said County as of Civil
Term, 2009 Number 6282, at the suit of BAC HOME LOANS SERVICING LP against JOHN H FOX
is duly recorded as Instrument Number 201018445.
IN TESTIMONY WHEREOF, I have hereunto set my hand
and seal of said office this ~ day of
,7/~7 , A.D. ~ o
Recorder of Deeds