Loading...
HomeMy WebLinkAbout09-74490 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 Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-3 Asset-Backed Certificates, Series 2006-3 3 ADA Irvine, California 92618 V, Nicole A Herb 320 Franklin Street Carlisle, Pennsylvania 170131856 and David A Herb 320 Franklin Street Carlisle, Pennsylvania 17013 Attorneys for Plaintiff Cumberland County Court of Common Pleas Number O 9- 7 y t/ f &4ZI 7? CIVIL ACTION/MORTGAGE FORECLOSURE NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after this complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the court without further notice for any money claimed in the complaint or for any other claim or relief requested by the plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 AVISO Le han demandado a usted en la corte. Si usted quiere defenderse de estas demandas ex-puestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta asentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decidir a favor del demandante y requiere que usted cumpla con todas las provisiones de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. USTED LE DEBE TOMAR ESTE PAPEL A SU ABOGADO INMEDIATAMENTE. SI USTED NO TIENE A UN ABOGADO, VA A O TELEFONEA LA OFICINA EXPUSO ABAJO. ESTA OFICINA LO PUEDE PROPORCIONAR CON INFORMATION ACERCA DE EMPLEAR A UN ABOGADO. SI USTED NO PUEDE PROPORCIONAR PARA EMPLEAR UN ABOGADO, ESTA OFICINA PUEDE SER CAPAZ DE PROPORCIONARLO CON INFORMACION ACERCA DE LAS AGENCIAS QUE PUEDEN OFRECER LOS SERVICIOS LEGALES A PERSONAS ELEGIBLES EN UN HONORARIO REDUCIDO NI NINGUN HONORARIO. Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 CIVIL ACTION/MORTGAGE FORECLOSURE 1. Plaintiff is Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-3 Asset-Backed Certificates, Series 2006-3, a corporation duly organized and doing business at the above captioned address. 2. The Defendant is Nicole A Herb, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 320 Franklin Street, Carlisle, Pennsylvania 170131856. The Defendant is David A Herb, who is the mortgagor and real owner of the mortgaged property hereinafter described, and his/her last-known address is 320 Franklin Street, Carlisle, Pennsylvania 17013. On November 30, 2006, mortgagors made, executed and delivered a mortgage upon the premises hereinafter described to Option One Mortgage Corporation which mortgage is recorded in the Office of the Recorder of Cumberland County in Mortgage Book 1974, Page 4952. The aforesaid mortgage was thereafter assigned by Option One Mortgage Corporation to Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-3 Asset-Backed Certificates, Series 2006-3, by Assignment of Mortgage, which will be duly recorded in the Office of the Recorder of Cumberland County. The premises subject to said mortgage is described in the mortgage attached as Exhibit "A" and is known as 3 Colton Drive, Shippensburg, Pennsylvania 17257. 7. The mortgage is in default because monthly payments of principal and interest upon said mortgage due June 1, 2009 and each month thereafter are due and unpaid, and by the terms of said mortgage, upon default in such payments for a period of one month, the entire principal balance and all interest due thereon are collectible forthwith. 8. The following amounts are due on the mortgage: Principal Balance $ 204,219.50 Interest through October 16, 2009 $ 7,458.57 (Plus $43.36 per diem thereafter) Attorney's Fee $ 1,250.00 Late Charges $ 367.64 Corporate Advance $ 165.00 Escrow Advance $ 1,731.25 GRAND TOTAL $ 215,191.96 9. Notice of Intention to Foreclose as required by Act 6 of 1974 (41 P.S. §403) and notice required by the Emergency Mortgage Assistance Act of 1983 as amended under 12 PA Code Chapter 13, et seq., commonly known as the Combined Notice of Delinquency has been sent to Defendant by regular mail with a certificate of mailing and by certified mail, return receipt requested. WHEREFORE, Plaintiff demands Judgment against the Defendant in the sum of $215,191.96, together with interest at the rate of $43.36 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. /- 14 BY: 7A?a1 Attorneys for aintiff TERRENCE T. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE VERIFICATION The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the within action, and that he/she is authorized to make this verification and that the foregoing facts based on the information from the Plaintiff, who is not available to sign this, are true and correct to the best of his/her knowledge, information and belief and further states that false statements herein are made subject to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities. McCABE, WEISBERG AND CONWAY,P.C. BY: Attorneys for Pla' tiff TERRENCE J. MCCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE 10-21-'09 11:16 FAOM- PPRBPARED BY: OPTION ONE MORT"09 CORP. P.O. BOX 57076 76 IRVINE, CA 9261 9--7 0 n t4 ?S'9 a)t PROPERTY ADDRESS: 3 COLTON DR, SHIPPRUSBURG, PA 17257-821B Loan Numbed 151039756 Servicing Number: 002263955-3 Pared Number: 39-37-1092-144 T-194 P0002/0021 F-293 ?? ?,- T n 7i;sL7,R ?? ?fift[R r.i' DE E,)^ V006 DEC 4 PM 9 05 VAM RECORDED MAIL TO: OPTI03i 0148 HORTaA= CORP. P.O. BOX $7096 IRVINE, CA 92619-7096 (790) 790-3600 ATTN: RECORDS MANAORMONT Obw Abaareltai TJOP Fw Qe wit MORTGAGE TM MORTGAGE ("Security lastnuaent') is given on November 30, 2006 The mortgagor is DAVID A HERD AND NICOLE A HERB ('Borrower"), This Swarlty Instrument is given to option one Mortgage corporation, a California corporation which is organized and existing under the laws of CALIFORNIA , and whose address is 3 Ada, Irvine, CA 92618 ("Lender-), Borrower owes Vander the prineW stun Of TWO HUNDgal7 SIGHT THOUSAND WE HUNDRED SIXTY FIVE AND 140/100THD Who (U.& #208,165.00 ). This debt is evidenced by f),orroww's note dated tiro same date as this Security lastrnment ('Note"). which provides fox monthly payments, vnth the full debt, if not paid earlier, dace end payable ou December o7., 2036 'T'his security Instrument umms to Loader (at) the repayment of the debt evk[moed by the Note, with iohnst, and all renewals. waeneaons and modifications of the riots: (b) the payment of all othw aaamsa, with iaterest, aadvawed under p wgraph 7 to protect rile secuoty of this Somrity Instrument; and (e) the perfonum of Bormwor's alovaa nws and agreements under this sccu&y 11woumeot end the Note. For this purpose, borrower does hereby mortgage, great and convey to under the fallowing dewdW property locA ed in Cumberland County, Penwivacaim SEE LEGAL DESCRIPTION ATTACHED HBRMTO AND MADE A PART THERBOFP 1;pIaV$YLVANIA iExhibit - 6inbae 13aua11y P Pw t of to PAD16011.wp (03.14-05) 6K 197'4PG4952 ........... 10-21-'09 11:16 FROM- Loan Number: 151039756 Servicing Number: 002263955-3 which has the address of 3 C034TON DR, StirVMMtMG Pennsylvania 172S7-021S ('Property Address'); (7.ip CoM T-194 P0003/0021 F-293 Data; 11/30/06 (seen. CiWj T0013THER WITH all the unprovemants now or hereafter emoted 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 rote =W to in this Security last fuam t as the . BORROWER COVENANTS that Swrower a lawfully mad of the awe hereby conveyed sued has the right to mortgage, grant and convey the Property and that the Property is unencumbered. except for wwwobweas of record. Borsovrar warrants and will dMand generally the title to the Property against aft claims and demands, subject to any ancumbrauoes of record. COVENANTS. Borrower and Lander covenant and agree as follows: 1. Pagwmt of PAL nand pant st; Prrgaalaomt and Lift Climps. Borrower shall promptly pay when due die principal of and interest on the debt evidenced by the Note and clay p[epquxaas ad late Charon due under the Note. 2. ponds for 'Y`aosa and boamuce. Subject to applicable law or to a written waiver by Lam, Borrower shall pay to Lender on the day monthly payments are due under the Note, until the Note is paid in full, a sum ("Funds') for: (a) yearly taxes and assessments wbicb may attain priority over this Security Instrument as a lien on the Property; (b) yearly leasaboid payments or ground tents on the Property, if any; (e) yeasty hxwd or property insurance premiums, (d) yearly flood insurance premiums, if any; (a) yearly mortgage insurance premiums, if any; and (f) any stuns payable by Borrower to Lender, in accordance with the provisions of paragraph 8, in lieu of the payment of mortgage insurance prramirnms. These items ate called'Bacrow Items." Larder may, at any tins, coilact and bold Funds in ffi amount not to exceed the maximum amount a lender for a fedmaily related mortgage loan may require for Borrower's aCrow account under the Moral Real Estate Settlement procedures Act of 1974 as amended from time to that. 12 U.S.C. Section 2601 of areq. (OPMPA' ), unless soother law that applies to the Funds acs a lesser amount. If so, Lender may, at any time, collect and hold Funds is an amount not to exceed the lesser amount. Deader may animate the amount of Funds due on the basis bf current data and reasonable estimates of expenditures of [ultra Escrow item or otherwise in accordance with applicable law. The Funds shall be hold in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lander, if Leader is such an institution) or in any Federal Home Loam Bank. Leaadnt shall apply the Funds to pay the Escrow Items. Loader may not charge Borrower for bolding and applying the Punds, atmually analyaimg the eserow account, or verifying the Escrow Items, unless Leader pays Don weer interest on the Funds and applicable law permits Lender to make such a charge. However, Leader may require Borrower to pay a one-time charge for an iadependeat teal estate tax reporting service used by Leader in connection with this loan, unless applicable law provides otherwise. Unless an agreemaat is made or applicable law mquitas interest to be paid, Lender sharp not be required to pay Borrower any interest or aamiop on the Funds. Borrower and Lander may agree in writing, however, that interest shaft be paid ou the Funds. Lander shall give to Aormvnsr, without charge, an award accounting of the Pun&, showing credits and debits to the Funds cad the purpose for which each debit to the Funds was nude, The Funds are pladgod as additional security for all sums secured by this Security Instrument. Para 2 of 10 PAD10012.wp (03.24.03) OK 1974PG4953 10-21-'09 11,16 FROM- Loan Number: 151039756 Servicing Number: 002263955.3 T-194 P0004/0021 F-293 Data: 11/30/06 If the Funds heW by Lender exceed this amounts permitted to be bald by applicable law. L sunder shall account to Borrower for the excess Funds in =w4ance with this rupimmts of applicable law. If the amount of the Funds held by Leader at any time is not sufficient to pay the Escrow (tams when due, Iender may so notify Borrower in writing, and, in such ease Borrower shall pay to L nda the imgtUrt necessary to malm up do deficiency. Borrower shall make up the deficiency in no more than twelve monthly paymeata, at Lender's sole discretion. Upon payment in full of all sums secured by this Security Instrument. Lander shall promptly rdW to Borrower any Funds held by Lander. If, under pwgraph 21, I cadet shall acquinC or sell the Property, Leader, prior to the acquisition cur sale of the Property. shall apply any Eructs held by Lender at the time of aogaisitioa or sale as a credit against the sums secured by this Security Iastrummt. 3. AppLicelWo of Paynnita. Unless applicable law provides otherwise, all paymaats received by Leader under paragraphs I and 2 shall be applied: fast. to any prep nuat charges dire under the Note; second, to amounts payable under para$rVh 2: third, to interest dun; fourth, to principal due; and last, to any late charges due under the Note. 4. C b*Mm I.ims. Borrower shall pay all taxer, assessments, charges, fiats and impositions attributable to the Property which may attain priority over this Security Instrument, and leasehold payments or ground rents, if any. Borrower shall pay these obligations in the manner provided itt paragraph 2, or if not paid in that manner, Borrower shall pay them on time directly to the person owed payment. Harrower shall promptly furnish to Lender all notices of amounts to be paid under this paragraph. If Borrower snakes these paytr an directly, Borrower shall promptly furnish to Leader teompts evidencing the payments. Borrower shall promptly discharge any lien which bas priority over this Security Inatrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lfen in a manner acceptable to Lender; (b) contests in goad faint the lien by, or dafawda against enforcement of the lien in, lagai proceedings which in the Leader's opinion operate to prevent the enforcement of the lieu; or (c) secures f9mn the holder of the lien an agreement sadsfactory to Lender subordinating the lien to this Security instrument. If Lemmler determines that say part of the Property is subject to a lien which may attain priority over this Security bwtrnuasemt, Lender may give Borrower a notice identifying the lien. Borrower shall satisfy the lien or take one or more of the actions set froth above within 10 days of the giving of notice. 5. Ha=W or Pcupeaty bomm me. Borrower shall keep the improvements new existing or hereafter erected on the Property insured against loss by fire, hazards inchWed within flee term 'extended coveraga' and any other hazards, including floods or flooding, for which lender requires insurance. This insurance shall be maintained in the amounts and for the periods that Lender requites. The insurance carrier providing the insurance shall be chosen by Borrower subject to Lender's approval which shell not be unreasonably withheld. If Borrower fails to eta wain coverage described above, Lender may, at Larder's option, obtain coverage to protect Lender's rights in the Property in accordance with paragraph 7. Ali insurance policies and renewals shall be acceptable to Leader and shall include a standard mlonxgage clause. Leader shall have the right to hold the policies and renewals. If Lt:ader requires, Borrower shall promptly give to Lender all receipts of paid premiums and removal action. In the event of loss, Borrower shall give prompt notice to the irwarance curia and Leader. (Lander may make prod of low if not tutmde promptly by Borrower. Unless (.ender and Borrower otherwise agree in writing, or applicable Law otherwiss requites, inaura;n0e proceeds shall be applied first to reimburse Tender for costs and expenses Wmrrod in coca wdon with obtaiaw any such insurance proceeds, and then, at Lender's option, in such order and proportion as under may determine in its sole and absolute discretion, and regardless of any impairment of security or lack thereof. (i) to the sums secured by this Security Instrument, wbether or not then due, and to such components thereof as Leader may determine in its sole and absolute discretion; and/or (ii) to Borrower to pay the costs and expenses of necessary repairs or Page 3 of 10 OK i 974PG4954 PAD10013.wp (03,24.01) 10-21- ` 09 11;17 FROM- T-194 P0005/0021 F-293 Loan Number: 1510399S6 Servicing Number: 002263955-3 Date: 11/30/06 restoration of the Property to a condition satisfactory to Leader. If Borrower abandons the Property, or does not answer within 30 days a notice froxa Lender that the iasufanee carrier has otftred to settle a claim, Lander may collect the imurtna proceeds. Lender may, in its sole and absolute discretion, said regardless of any impairnswtt of security or Iack thereof, use the proceeds to repair or restore the Property or to pay the scans secured by this Security Instrument, whether or not than due. 'Fite 3041ay paslod will begin when the =108 is given. Unless Lander and Borrower otbeMw agree in writing, any alpplfica WU of pnooeeds to pt'M04W AM not extend or postpone the dole data of the monthly payments refatred to in paragraphs 1 and 2 or change the amount of the payments. If under paragraph 21 the Property is acquired by Larder, Borrower's turf to any usurious policies and proceeds resulting from damage to the Property prior to the acquisition Shall pass to header to the eoaent of the suns secured by this Security Instramo t immediately prior to the acquidti4st. If Borrower obtains earthquke insurance; any other hazard insarattm. or any ocher Insurance an the Proparly and suet inn ARC40 is not apeeifieatly required by I.ondor, then loch iaauraame shall (1) new Lender as loss payee theraander, and (ii) be sobjea to nitro provisions of this paragraph S. 6. Query. Pseservalion, Mumbes oce and Prosecbiau of Va Property; Donn les Lose AVONCOM I.mcboMs. Borrower acknowledges that the L=da does not desire to mater a loan to Borrower secured by this property on the term contained in the Note unless the property is to be occupied by .Borrower as Borrower s primary/secondary reaidearce, Lender makes non-owner residence loans of differ w tetras. Borrower promises and assures Lander that Borrower intands to occupy this property u Borrower's priwauy/mcoa chary residence and that Borrower will so occupy this property as its sole primary/secondary resilience wiithin sixty (60) days utter tha data of the Security Instrument. If Borrower breaches this promise to occupy the property as Borrower's primary/secondary rssidennce, then Leader may invoke any of the following remedies, as add to the mmedies provided in the Security Instrument; (1) Declare all tuna secured by the Security Instrument due and payable and foreclose the Security Instrument, (2) Decrease the term of the loan and aorljust the m ooNy paymonta under the Note accordingly, lacreate the interest taco and adjust the monthly payments radar the Now iwoullogly, or (3) requite that the principal balance be reduced to a percentage of either the original purchase price or the appraised value then being offered on naa-owner occupied loans. Borrower shall not destroy, damage or impair the Property, allow The Property to deteriorate, or commit waste on the Property. Borrower shall be in default if any forfekarc action or proceeding, wreathes' civil or criminal, is begun that in Dar's good faith judgment could result in fortoiture of the Property or otherwise maerially impair the lien created by this Security Instrument or Lender's security interest. Borrower may cure such a default and rsiastate, as provided in paragraph 18, by causing the action or proceeding to be dismissed with a ruling that, in Ladar's good &M determination, precludes forfeiture of the Borrower's interest in the Property or other material impairment of the liras created by this Security Instruawat or L v&r's security imareet. Borromw shall also be in dafanit if Borrower. during the loan applicadon proem, gave materially false or inaccurate information or stannaeou to Leader (or failed to provide Lender with any material information) in connection with the lose evidenced by the Note, Including, but not limited to, stations concerning Borrower's occupancy of the Property as a principal residence. If this Security Instrument is on a Wmabold, Borrower " comply with all ire provisions of the tarts- if Borrower acquires fee title to the Property, the Wambold and the fee title shall cot merge unless Lander agrees to the merger in writing. Borrower. shall, at Borrower's own expense, appear in ad defend any action or proceeding purporting to affect the property or any portion thereof or Borrower's title outdo, via validity or priority of the lion aerated by this Security Instrumi=, or the rights or powers of Under with ttupoct to this Socttity Insuuwentt or the Property. All causes of action 'of Borrower, wbather accrued before or after the date of this Security. hum msnt, for damage or injury to the property or any part t ftwf, or in connection with any transaction fimnad in whole or in part by the prooeeds of the Nora or any other aurae secured by this Security Instrument, by Linder, or in connection with or affecting the Property or any part thereof, including causes of sotion arising in tort or eonaact and cases of Page 4 of 10 PAbI0014.wp (03,24-e5) BK 1974PG4955 10-21-'09 11;17 FROM- T-194 P0006/0021 F-293 Loan number: 151039756 Servicing Nuntbor. 002263955-3 Date: 11/30/06 scion for fraud or concealment of a nltateszal fact, are, at Lender's option, assigned to Leader, and the ptvaeeds thereof shall be paid directly to I.wder who, after deducting ftnimm all its ercpsatsba, including reasonable suorneys' fees, may apply such proceeds to the sums secured by this Security Instmment or to any de emy unties this Security Instrument or msiy release any monies so received by it or any part thereof, as Lander may elect. Lender may, at im option, appear in and prosecute in its own name any action or prooce ft to. enforce any such crust: of "on and may make any compromise or settlement thereof. Borrower agrees to execute such further assignmetots and any other instruments as from time to dwo may be necessary to ef$acktace the foregoing provisions and as Lender tdrall request a enf 1Geader's >itigbts in tlra Pnapeesty. If Barroweer fsiLt to peufotsn the cruvbnants cad agrees<?ents 7,P -1-dr contained in this Security hotrument, or there Is a legal ptomediag'that may significantly drffset.laider's rights in the Property (such as a proceeding in baalauptcy, probate, for condemnation or forfeiture or to euburoe laws of regulatious). than Lender may do and pay for whatever is necessary to protect the value of the Property and Lender's rights in the Property. Leader's actions may include paying any sums secured by a Ilan which has priority over this Security bistrument, appearing in court, paying reasonable attorneys' fees and entering on tap Fmperty to make repairs. Although Leander may take action under this paragraph 7, Leader does not bare to do so. Any amounts disbursed by LmWa under this paragraph 7 shall become addition debt of Borrower secured by this Security lustruntent. Unless Borrower and Lender agree to other terms of payment, those mounts shall bear inumm from the date of disbursement at the Note rate in effax free time to time ad shall be paysbis, with interest, upon notice from Lander to Borrower requesting payment. $. Mode Ymwttztw. If Lauder required montage insurance as a condition of maiming the loan asclred by this Security bstrument, Borrower shell pay the premiums required to maintain the Mortgttte inxtumnee is effect. If, for any reason, the mortgage insurance coverage required by Lander lapses or ceases to be in elfax, Borrower shall pay the praniotas required to obtain coverage substantially equivalent to the mortgage insurance previously in effect, at a. cost substantially equivalent to the cost to Borrower of the mmt$e insurance previously is effect, from an altenzie, mortgage insurer appmvesd by Lender. If substantially equivalent mortgage instumm coverage is not available, Borrower shall pay to Ladder each mouth a sum equal to one.mdith of the yearly mortgage insurance premium being paid by Borrower when the insurance: covsrage lapsed or ceased to be in effect. Leader will scegpt, use and retain these payments as a loss reserve in lieu of mortal tnstuaaoe. Lou reserve payments may no longer be required, at the option of Lender, if mortgage hmrance coverage tin the amount and for the period that L.sndesr requires) provided by an insum approved by bender again becomas available and is obtained. Borrower shall pay the premiums required to maintain mortgage insurance in effect. or to provide a loss reserve, until.the requirement for mortgage insurance muds in accordance with any written aglaament between Borrower and Lander or applicable law. 9. Inspsctim Leader or its agent may make reasonable entries upon and inspections of then Property. Lender shall give Borrower notice at the time of or prior to an inspection specifying reasonable cause for the inspection. 10. Coe dammatka. Tits proceeds of any award or claim for datnages, direct or consequential. in connection with any condemnation or other taking of any part of the Property, or for conveyance in liter of oondsmoati,on, are hereby assigned and shall be paid to Lender. Lender may apply, use or relcssse the cmtdomnation proceeds in the same manner u provided in paragraph 5 hereof with respect to insurance proceeds. U the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the condemnor offers to make an award or settle a claim for damages, Borrower fails to respond to Linder within 30 days after the date the notice is Oven, Lender is suthorimd to collect and apply the proceeds, at its option, either to restoration or repair of the Property or to the sums secured by this Samrity Irotruram t, whether or not then due. Unless Dander and Borrower otherwise agree is writing, any application of proomeds to principal shall not extend or postpone the due due of the monthly payments referred to in paragraphs 1 and 2 or change the mount of such payments. Pap S of 10 PAb10015.wpol-24-05) BK 1974PG4956 10-21-'09 11:17 FROM- T-194 P0007/0021 F-293 Loan Number: 151039756 Servicing Number: 002263956-3 hate: 11/30/06 11. $orrdVW Not Remised; Forbearance By LNot a Waiver. Extension of the time for payment of modification of amortisation of the sums secured by this Security InstruxaM granted by Lander to arty successor in intsmst of Borrower shall not Operate to release the HAllity of the original Borrower or Borrower's s?mcoassors in interest. Lender shall not be required to cuumaanae prooeedios against my awcossor in interest or refuse to extend time for payment or otherwise modify amotdzetion of the sums secured by this Seaacity butrument by reason of any demand monde by the original Borrower or Borrower's successors in inwat. Any fiSrbearance by Lender In axo=itrg any right or remedy shall not be a waiver of or preclude the axmin of may rift or remedy. 12. Soccaatons ad Assign Bout Jabot m d &WOW U d>R#ty; O s.1'he covensafa and agreements of this Security Instrument shall bind and benefit the suecesaon ad maps of Lanier and Sommer, subject to the provisions of paragraph 17. Borrower's covenants and agreements shall be joint and several. Any Borrower who co-signs this Security Instrument but does not eatecute the Note: (a) is co-signing this Security Instrmttnt only to mortgage, grant and convey that Borrower's interest in the Property under the terms of this Security Insunment; (b) is not personally obligated to pay the sutra secured by this Security Intttument; and (c) agroes that Lander and any other Borrower rosy agree to extend, modify, forbear or nuke any w4ou cnodations with regard to the terms of this Security Instrument or the Note without that Borrower's consent. 13. Loan C bmWs. If the loan secured by this Security Instrument is subject to a law which sets maaciaulm loam charges, and that law is finally interpreted so that thts interest or other loan charges collected or to be collected in connection with the loan exceed the permitted lkdts, then: (a) any such loan them' shall be reduced by the amount necessary to reduce the charge to the pernsitte l liaadt; and (b) any sues already coilecxed fbom Borrower which e:tceeded permitted limits will be refunded to Borrower. Lender may choose to make this mf W by reducing the principal owed under the Note or by malaug a direct payment to Borrower. If it refund reduces principal, the reduction will be treated as apartW prepayment without any prepayment charge under the Note. 14. Notices. Any notice to Borrower provided for in this Security Instrument shall be gives by delivering it or by mailing it by fast class mail unless applicable law requires use of anc*w method. The notice shall be directed to the property Address or arty other address Borrower designates by notice to Leader. Arty notice to Leader shall be given by first class mail to Lender's address stated herein or any other address Fender designates by notice to Borrower. Any notice provided for in this security Instrument shall be deemed to have been given to Borrower or Lender when given as provided in this puagraph. 15. Gowaming Law; Sows dOW. This Security inst umamt shall be governed by federal law and the law of the Jurisdiction in which the Property is loeamd. In the event that any provision or clause of dais Secarky Instrument or the Note conflicts with applicable law, such conflict shall not after r other provisions of this Security Instrument or the Note which eau be given effect without the etm9ictipg provision. To this end the provisions of this Security Instrumevi and the Noto are declared to be severable. 16. BaansrwWo Dopy. Borrower shall be giver one confonned copy of the Nate and of this security Instrument. 17. Transfer of die property or a Bcaefi ciad It taas.t In Borrower. If all or my part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or ttarafeffed and Borrower is not a natural person) without Leader's prior written consent. Leander may, at its option, require humediate payment in full of all sums secured by this security Instrument. However. this option shall out be exercised by Lender if exercise is prohibited by federal law as of the date of this Security Instrument. If Lender exercises this option, Lender shads give Borrower notice of woele m*m. The notice shall provide a period of nm less than 30 days from the date the notice is deiivored or swik d within which Borrower must pay all auras secured by dds Security hoWment. If Borrower fails to pay tiewe sums prior to the arcphadon of this period, Lender racy invoke, guy remodies permitted by this Security Instrument without further noaee or dennad an Borrower. PASO 6 of 10 PAtr10016.wp (03.2a-0S) OKI974PG4957 10-21-'09 11;17 FROM- T-194 P0008/0021 F-293 14an Number: 151039755 Servicing Number' 0B2263955-3 Date: 11/30106 1s. Borrower's Right so RdnRuft. If Borrows meets certain conditions, Borrower shall have the right to have enforcement of this Security instrument disoontiauod at any time prior to the earlier of. (a) 5 dabs (or such outer period as applicable law may spoeify for refostumnant) before sale of the Property pursuant to any power of sate commiged in this Security Instrument; or (b) entry of a judgment enforcing ids Security Iaetruarant. Those conditions are that Borrower: (a) pays Lender all sums which then. would be due under this Security Instrument and the Note as if no awderatiou had occurred; (b) tarns any default of any outer covenants or alreeeseate; (c) pays all expenses inourred In euforoing this Security Instrument, in hiding, but not limited to, rewom6k atmmays' refs; and (d) tairos such action as Licuder may reasonably require to aerate that the lien of tars Seowity Wtrumtent. Lender's rights in the Property and Borrower's obligation to pay the sums secured by this Security Instrument shall continue unchanged. Upon rannstmement by Borrower, this Security lnsb meat and tie obligations woured homey WWI remain finny affective as if no acwleradou had occurred. However, this right to reinstate shalt not apply in the case of sooeleratiou under paragraph 17. 19. Sale of Nola; t7tsapla of Loan Services. The Now or a partial Worest in the Note (togotior with this Security Instrument) may be sold one or more times wft wW prior notice to Burrower. A sale may result in a d mgr in dm entity (!mown as the "Loan Servicer") that aolleM monthly payments due wider the Note mad thin Security Instrument. Theca also my be one or mom ebanges of the Yuan Servicer unrelated to a sale of the Note. If them is a change of the Loan Servicer, Borrower will be given wria m notice of the chine in swordance with paragraph 14 above and applicable law. TLe notice win state the nun and address of the new Dolma Serviu er and the address to which payments should be made. Tie notice will also contain arty other intar ndon requind by applicable law. The bolder of the Note and this Security ft mtument shall be detwed to be the Laxlw hereunder. 21). Hsawdoas Subsuences. Borrower shall not cause or permit the presence, no, disposal, storage, or release of any Hazardous Substances on or in tam Property. Bo=or shall not do, nor allow anyone also to do, anything affecting due Property drat is in violation of any Ehvironmentai Law, 'Pita pna?g two Watme" shall not apply to the proseaee, use, or storage on the Property of small quantities of Harasdoute Substances that are generally recognized to be appropriate to normal residential uses and to mabounce of the Property. Borrower shall promptly give Lemoder written notice of any luveftigatidn, claim, dwraud, lawsuit or other action by any governmental or regulatory agency or private parry involving to Properly and nay Hazardous Subatmce or Bavironme3ntal Law of which Borrower has actual imowtoW, if Borrower taarms. or Is natiffod by any governmental or regulatory authority, the any removal or other ramedistion of any liarandone Subsuom affecting the Property is n vc.=sary. Borrower shaft promptly twice all necessary remedial a Akm in accordance with Environmental Yaw. Borrower d a be solely responsible for, shall indemnify, defend and hold harmless I mder, its directors, officers, employees, attorneys. agents, and their respective successors and aasigus, Pram and against any and all claims, demands, causes of action, tors, damage, cost (lmefudiag actual anotam, lees and court costa and costs of any required or necessary repair, cleanup or detoxification of the property and the preparation and implementation of any closure, abatement, contarlanrent, remedial or other (required plaa), expenses and liability directly or indirectly sAsimg out of or attributable to (a) the use, generation, storage, release, threatened release, discharge, disposal, abatement or presence of Hazardous Swbsttunces on, under or about the property. (b) the transport to or fivm the Property of any Hazardous Substances, (0) the violation of any Hazardous Substam law, and (d) any Hazardous Subspuncea claims. As used In this paragraph 20, "Hazardous Substances" are those substances defwed as toxic or hazardous substances by Environmental Yaw and the following substances; gasoline, ksrosatu, odntr flammable or toxic petroleums products, toxic pesticides cad herbicides, volatile solvents, maates isls containing asbenc a or formaldehyde, and radioactive materials. As used in this paragrapb 20, "Environmental law" means federal taws and taws of the jurisdiction where the property is located that relate to ho ft, softy or envit+onmmental protection, ADDITIONAL COVENANTS. Borrower and Lender further covenant and agree as frollows: 21. Aamlaration; Remedies. If mW instakmant tender do Now or uWas memo bwAy is not paid when due, for if Bonow w dwdd be isdasfa* tinder xV pcmwidmaof tills Sato: wiW'6 -, asart, or ifHoaumrer is isrdebeft under any o1bw asastgapge or othttsr hotrusuout aecmad by do Foopeal all soass sotesad by this Boesky Ihsrl><am , , aid accrued I ,e rI tlrmoemi d=R at once lreoame dent and pidw tie at due option of IwRINoart prior mti-. except as othw rim requuired by applicable Ise and regsndle s of Past 7 or no PAD10017.wp (03-24415) BKI974PG4958 10-21-'09 11:17 FROM- T-194 P0009/0021 F-293 Loan Number-, 151039756 Servicing Number. 002263955-3 Date: 11/30/06 my prW ftbatao w-. la salt ev"t, ice, at its Optieu, and =biat to rgtplftd 111 Uw, nwW dw or th mfr r i wWw the power of sale =d/ar any other stmedies or take my odor sedone pamsissed by apldirabie leer. Lrasdar Will sot sot all C7?aea hweaad mprs wing flue ms?aiie- dmodbed m tbU Patalpru>I 121. meTreftl[, bat not braided to, ra wouabk stocltta P3 , fines and sorer of title evidence. 22. Rates o. Upon payarAt of all sums aemod by this Sec+aity lostrument, herder shall release this property without warroaty to the person or persons legally entitled to it. Such person or persons shall PAY SAY rwor+dation cost's. Lender may charge such parson or persons a fee for releasing the Property for services tendered if the charging of the fee is permitted under applicable law. 23. Waivers. Borrower, to the extant peratitu d by applicable law, waives and releases my error or defects in prooeedings to enforce this Security Iustru ment, and hereby waives the benefit of soy present or fatare laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead exemption. 24. Reis umnast Park& Borrower's tithe to reinstate provided in paragraph 18 shall exteurd to one hour prior to the commencement of bidding at a sheriffs sale or other sate puratoaut to this Security hnatrwnent. . 25. purcboa money bkopp. If any of the debt secured by this Scm*y Imtflument is tent to Borrower to acquire rite to the Property. this Security UWWAamam shall be a Pavlaixe money mortpg& 26, loweae Rare Afbrr Judgraerte. Borrower agrees that the interest rate payable after a judgment is enmved on the Note or in an action of mortgage foreclosure shall be the rafts payable from time to tune ender the. Note. 27. Mia - --- rMion slid Naudtsalasme. Borrower has made carram wduenrepre:a?iow and disclosures in order to induce i order to matte the loan eKideneed by the Note or notes which this Security Iotrurn et secures, and m the event that Borrower has made any material mistrCprtlsantatioas or failed to disclose any Material fact, I.mder, u its option and without prior notice or demand, shall have Me right to dealers the indebtedness secured by this Security Instrument, irrespective of the maturity date specified in the Note or notes secured by this Security Instrumeat, immediately due and payable. 29. Time is of the E{umm. Time is of the essence in the performance of esch provision of this Security Instrument. 29. Waiver of Sts4umt: of Limlitrttitda. IU picadiug of the statute of limitations as a defense to cuf6m®ent of this Security Instrument, or nay and all obligations referred to herein or secured hereby, is hereby waived to the fullest extant permitted by applicable law. 30. Mo . This Security Instrument may be modified or amended only by an agreement in writing signed by Borrower and Lehner, 31. R6mbtataeaw= To the extent permitted by applicable law, Borrower shall rebourae Trustee ad Leader for any and all costs, fines and expenses which hither may incur, expend or sustain in the execration of Ate trust created hereunder or in the pertordusce of any act required or permitted hereunder or by law or in equity or otherwise arising out of or in connection with this Security Instrument. the Note, any other now secured by this Security liustromaat or any other inttrarnew executed by Borrower W commmdon with the Note or Security Instrument. To the extent permitted by applicable law, Borrower shall pay to Trustee and Lender their fees in connexion with Trustee and Leader inclxding, but act limited to assumption application fees; feat for payoff demands and, state m e of loan balanoe; fats for making, transmitting and tranapofdq copies of loan documents, verifications, fall or partial lan releases and other doaunaeiua requested by bonVWer or necessary for performance of Leader's rights or duties under this Security Instrument; fens arising from a returned or dishonored check; fees to determine whether the Property is occupied, protected. maintaiued or insured or related purpom; appraisal few. inspection fees, legal fees, broker fees, Insurance m3A-term substitutions, repair o4mmas, foreclosure lees and costs arising from foreclosure of the Pnopetty and protectiwi of the security far this Security instrument and all other Page a or 10 PAb1001s.wp M3-24-W) BK ! 914PG4959 10-21-'09 11;18 FROM- T-194 P0010/0021 F-293 Loan Number: 151038756 Servicing Number., 002263955-3 Date. 11/30/06 feet and costa of a siaulaf nature not otherwise prohibited by law. Pounittod by applicable law, Bortawer a1Wt pay to leader their fees in connection with Lender providing docuaownts or ntrvicea ariadag out of or in ooracecxion with this Security hutrumom, the Notre. any other note socW'ed by this Security Instrument of my other iaacnrmmt executed by Borrower in connection with the Note or Security Instrument. 32. t lwW beer. In to went wader at any time discovers that the Note, any outer note sawrod by d& Security instrument, the Security Instrument, or say other dam maw or insmtment exea uted in c onnotdiaa with the Security Instrument, Note or notes contadais an error , 09 was emoted by a Clerical mistake. calculation error, wa p nor maltimation, printing error or similar eatros, Bonx wttC agrees, upon notice from Leader. to t a-out%tto auw doc umeats that are necessary to correct any swab error(s). Borrower further agrees that lender will not be liable to Borrower for any damages incurred by Bormww that are directly or Indirectly cawed by any such error. 33. I:oat Stelae. Deardtoy?ed ex 1?[atilatmd Sooiaityr 1mlramant wed Older Daaameats. h? than overt of oho renal, theft or degauction of the Note, any other now sainted by this Security hu t woo t, the Security Instrument or any other documents or inttratnenm executed in connection with the Security Instrument, Note or hates (collectively, the "Lois Documents"), upon Borrower's receipt of an hrdomaitication wtacatod in favor of Borrower by Len der, or. in do event of the mutilation of any of the Loan Ewatieata, upon lender's aturraWar to Borrower of Ste mutilated loan Document, Borrower shall cu ate and deliver to Lender a Loam Doctunvat ht form ad contest identical to, and to serve as a replacement of, the lost, stolen, destroyed, or mutilated Loan doctor ed. and such replacement shall have the same forte and offect as the lost, stolen, destroyed, or mutilated Loan Docwueats, and may be treated for all purpotas as die odSlaal copy of such loan Document. 34. Amigmead of Raft. At additional security hereunder, Borrower hereby assigns to Leader the seas of the Property. Borrower shall have the rWa so coulee and retain the rents of the Property as they became due and payable provided Lender bas not exorcised its rights to require i amodiate payment in full of the sums secured by this Security instrument and Borrower has not abandoned the Property, .35. Ridaa to dx% Socaartly lea araew. If ow or more riders are executed by Borroweer and recorded together with this Security lastaat m&M, the covenants and agnowAnts of each tech rider shalt be incorporated into and shall amend and supplement the covenants and agroements of this Security Insnvmeat as if the rider(s) were a part of this security Instrument. [Cheek applicable box(es)] 0 Mustable bate Rider El Condaminium Rider ? 1-4 Family Rider ? No Prepayment Penalty Option Rider ? Planned Unit Development Rider [I Oceupawey Rider 11 Other(s) (specify) Page 9 of to PADtooiO.wp (03.24-W BK i 974PG4960 10-21-'09 11:18 FROM- Loan Numbef: 151039756 Servift Number: 602263955-3 T-194 P0011/0021 F-293 Date: 12/30/06 BY SIGNING BBLD W, Borrower rcepts and agrees to the terms and covenants contained in this Security hatru =t and in any rider(s) emoted by Borrower and recorded with it. Witnesses: 1W -Von- DtICOL R }iLRid '?°w'd`? (-Q-1) -Borroym caiiftm Of Iterdmm (3t4 _gorrowar (Seal} DAVID A HOW Borrower (Bost) .Borrower do hereby certify that the correct address of the witilln,'»slwlOr OCtT ` 3 Ada, rrvine, CA 92618 day of Witnass my hand this 3b LAI nil (3smt o artgagee COMMONWEALTH OF >UiSYLVANIA. -a0 v'vt(1 cauy a: On this, the % day ofd before ml, the undersigned % ofam, personalty appeared (? ?al(A A. •?+Cb cwt tVit.d.? A •?t-Y?v subeuibed to the known to me (or satistmSorily proVen) to be the person vhoae name executed the same for the Patpasea herein c toned. within insttwnent and acimowledged that IN WI'T'NESS VfiMP F, I hermato sat my hand and official seal. My Commission Expires: t? ?p?w6A? ?A-" tlr ?It,Wi+??y??tty 'ti?? Oat.9M???4 Pages to of 10 7Stle of PADt0020.wp (03.14-3) BK l 974PG496 t 10-21-'09 11:18 FBOM- Last, Number: 151039756 Servicing Number: 002263955-3 ADJUSTABLE RATE RIDER (LIBOR Index - Rate Caps) T-194 P0012/0021 F-293 Date: 11/30/06 THIS AD]U5`TABLE RATE RIDER is made Kovember 30, 2006 sad is incorporated into and shall be deemed to attend and sWpletnent the Mortgage, Deed of Trust or Security Deed (the "Security Insttumaat") of the same date given by the whdersigthed (the "Borrower") to seeuro Borrower's Adjustable Rate Note (the "Note") to Option One Mortgage Cor°porat:i.on, a California Corporation (the "Dander") of the scone date and covering the property down'bed w the Security bxw=em and located at: 3 COTTON DR, SHIPPENSSURG, PA 17257-8215 THE NOTECONTAINS PROVISWNSALLOWIN4 FORCDA1it:Bi3114 THBW18RW RATS AND THE 190MIlLY PAYMEW. THU W M LW= THE AMUNT THE BOltlwty'NWS Iitl'f== RILTZ CAN CKWW AT ANY ONE TOM AND T1119 MA7CIIh[ M RATE TAB NORROWM MOST PAY. ADDITIONAL COVENANTS. in addition to the covenants and agreematus made in the Security iusbument, Borrower and Leader further covenant and agree as ,allows: Mw Note pmvides for an initial interest rate of 8.600%, The Note provides for ehtatges in the inm vq rate and the monthly payments, as follows. d. IMMBST RATH AM MONTELY PAYMENT CiANOES (A) Chap Dattrs The interest rate I will pay may change an the first day of Docomber 01 2008 , and on that day every sixth month thereafter. Bach date on which wry interest rare could change is called a "Change Date.' (B) The bdox Beginning witlh the ilret Change Date, my interest date will be based on an Index. The "Index" is the average of intmbank offered rates for six-trumth U.S. dollar-denominated dgwsits in the I and n market ("LIBOR,), w published in Dte Wall Strew Jowwal. The most teen index figure available as of the first business day of the month immediately preceding the month in which the Change Date occurs is called the "Curront Index." If dw index is no longer available, the Note Holder will choose a new index that is based upon comparable information. The Note Holder will give me notice of this choice. (C) Catcassim of Cbx08W Before each Change Date, the Note Holder will calculate my new iutarest rate by adding ) RIVE AXD 60/100 I point(s)( S. 600t, to the Current Index. Ttm Note Holder will then round tits result of this addition to the nev higher one eighth of one percentage point (0.12575). Subject to the limits stated in Section 4(0) below. Ws rounded amount will muL TEFrA'tte AnvirAwLis PATE Hromt-Llaoa mom - zigIS>.b us?ttooa t (01-23-M Pace I of 3 BK f 974PG4962 10-21-'09 11:18 FROM- T-194 P0013/0021 F-293 Loan Numbers 151039756 Servicing Number: 002263955-3 Date: 11/30/06 be my new interest rate until the next Change Date. She Note Holder wili then dettrmlie * amount of the monthly M that would be sufficient to repay &a unpaid principal that I In expected to owe at the C honge Date in full on tits Mamr* Date at my new interest rate in substantially equal paymenU. The result of this cdc"lation will be the now amount of my monthly payment. (D) Limbts an Interest Rafe Ganges The interest rate i am required to pay at the first Change Bate will not be g=reater than 11.60ok or dew than S. 600tt . Thereafter, my interest rate will never be itimmed or decreased on any single Change hate by mm than one percentage point 0 D%) 6M the rate of intasest I have been paying for The preceding di months. to no event will my inttarost rate be greater than 14.600* or Ions than 5.600 (8) Bneetive Data of Oeauggs My new imtt rest rate will become effective on each Change Irate. 1 will pay the Mount of my new monthly payment begimting on the first monthly payment date after the Orange Date until the amount of my monthly payment changes again. (1) Notice of Ch=Sea The Note Bolder wall deliver or mail to me a notice of any changes in my interest rife and the Onount of my monthly payment before the effective data of any change. The notice will include informalon requited by law to be given me and aim the title and telephone number of a person fto will answer any question I may have regarding the node. THAI OF THE PROM'LY OR A REMRICL46L ENIUM IN BORROV= Covenant 17 of the Security Inet1UMC4 t is amended to read as follows: 'lYansh r of the pmputy or a Randall Lttetmst is Borrower. If alt or any part of the Property or any interest in it is sold or transferred (or if a beneficial interest in Borrower is sold or transferred and Borrower is not a natural pWW) without Lender's prior written comsat. Lender may, at its option, require immediate payment in full of all sums secured by this Soc city Insttumit. However. this option shall not be exercised by Lander if exercise is prohibited by federal law a6 of the date of this Security InAltIUmeat. L ender alto doll not exercise this option it, (ac) Borrower causes to be submitted to Lender h9emratioi required by Lends' to evaluate the intended umuferee as if a new loam were being trade to the transtatee; aid (b) Lterdrr rexK=My determines that Leader's mwaxity will not be impained by do loan asr a nlon and that tbs risk of a breach of any covenant or agreement in this Security Instrument is acceptable to Lender. To the extent permitted by applicable law, Lender may charge a rt moOle fee as a condition to Lender's consent to the loan assumption. Lender may also retptire the tmasteree to sign an assumption agr t that is acceptable to Lender and that obligates the transferee to JaW all the promises and agrac ants made in the Note and in this Security Instrument. Borrower will continue to be obligated under the Note and this Security Instrument melees Lender releases Batrowet m writing. If Lender exercises the option to require immediate paytsuent in full. herder shall give Borrower =We of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sutras secured by this Security Instrun na. if Borrower fails to pay these sutras prior to the expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further notice or demand on Borrower. Mur.TWATS AMURANX]RATE 2MM4AM A=.4ioalc ftuft Ingo 2 of 3 t1SR10022 (UQ Z3-9ef EtI974PG4963 10-21-'09 11;18 FROM- T-194 P0024/0021 F-293 Loan Number: 151039756 Servicing Number: 002263955-3 Date: 11/30/06 BY SIGNING BBLOW, Borrower aecepta and agroes to tit terms and cavetumts conwaw in this Mustablo Rata Rider. ,?? 44!2A-? ?.Q t3ICOLL A HBRB iii WD A HERB M- 1) (S-o SWL1l ME ADJUSrAK6ltATE XMUL4 KW WIM-XI& f-IF pw3of3 USRIU= (02-33-M 6K t 974PG4964 10-21-'09 11;18 FROM- f Y . T-194 P0015/0021 F-293 ALL THAT CMTAIN lot of piece of ground situate in gouthampton Township, County of Cumberland, Commawomith of pameylvamia, bomrded and described as follows: TRACT NO. it i G>11MI NG at a point at the edge of Colton Drive at comer of Lot A-16 on the hereimafl9er referred to plait of lots; thence along Lot A-16 on said plan, South 10 derses 21 minutes 00 seconds East, 110 fief to a point at lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 79 degrees 39 minutes 00 00COMS West, 191.5 feet to a point at the radius of of the 35 feet, inborseccrion of chord Independence Drive and.Colton Drive; thence along a curve to the riSM having bearing of North 19 degrees 52 minutes 32 seconds East, 30.2 fw to a point at the edge of Colton Thrive, thence along Colton Drina, North 44 degrees 26 minutes 12 seconds Bast, 105.39 fact GD an iron pin; thence stilt along North 62 degrees the edge of Calton Drive on a curve to the right having a radius ofd feet, of g of of N Noth d2 egr 39 02 minutes 36 seconds Bast, 75.62 feet to point; thence stiil along edge Cohn Drive, North 79 minutes 00 seconds But, 18.57 feet to a point at the comer of Lot A-16, the place of begiwirk& BEING designated as Lot A-17 ou subdivision plan prepared by Carl 0. nett, dated April 7, 2003 entitled "Lend Subdivision for Rine Estates, Phase IV", and recorded in Cumberlapd County, Pa., Plan Boole 90, Page 124. BEGU4NMG at a point in the intersection of bdqmulenee Drive and Colton Drive at comer of now or forrm ly of Groom thence along lands now or formerly of the Grantors heroin, North 79 degrees 39 minutes 00 seconds East. 51.18 feet to an orristing iron pin at corner of lands now or formarly of Donald E. Coffey, thence along lands now or formerly of Cody, South 10 degrees 07 minutes 30 seconds East, 150.78 fast to a point at lands now or formerly of Coffer, thence along the edge of Independence,IMve on a curve to the right having a radius of 40 feet, a chord bearing of North 55 degrass 03 minutes 45 seconds West, 56.51 feet to a point at the edge of independence Drive, thence along Independence Drive, Nordin 10 degrees 07 minutes 30 seconds West, 40.68 feet to a point; thence still along Independence Drive on a curve to the left having a radius of 175 feet, and a chord bearing of North 19 dopes 32 minutes 36 seconds west, 57.28 feet to a point in the food, thence on a CUM W the right having a radius of 35 feet, it chord bearing of North 17 degrees 49 minutes 25 seconds West, 1332 feet to a point at corner of other lands now or formerly of Grantor herein, the place of beginning. BEING designated as Lot A-31 on Subdivision plan prepared by Carl D. Bert dated June 26.l3ook added 64. nd Subdivision for ltiue Estates, Phase I and n", and recorded in Cumberland County: Pa., Plan 77, CerdfY 611 to be recorded In CuMbOTU,ad County PA Recorder of'l7eeds OK 1974PG4965 G F4LED-c=r-r.,E OF THE PR0 i HuNOTAR1( 2009 OCT 28 PH 2: 24 -A't. ctzz? s 7sq. sz Ci- 0 '7 4 P& el &c- 2 3 4 L' el t R Thomas Kline Sheriff Ronny R Anderson Chief Deputy SHERIFF'S OFFICE OF CUMBERLAND COUNTY OF THE PPS,-} ?:p•10TAgy Jody S Smith Civil Process Sergeant Edward L Schorpp Solicitor Wells Fargo Bank, NA vs. David Aaron Herb w•01V ?1 4arirrbr ?.r?{ 201] No 19 pil I: C0 '1 YJ Lr.,..?+t Case Number 2009-7449 SHERIFF'S RETURN OF SERVICE 10/29/2009 09:38 PM - Dennis Fry, Deputy Sheriff, who being duly sworn according to law, states that on October 29, 2009 at 2138 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Nicole Ann Herb, by making known unto herself personally, at 320 Franklin Street Carlisle, Cumberland County, Pennsylvania 17013 its contents and at the same time handing to her personally the said true and correct copy of the same. 10129/2009 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: David Aaron Herb, 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 David Aaron Herb. The defendant is currently residing at 3 Colton Drive Shippensburg, PA 17257. 10/30/2009 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: Nicole Ann Herb, but was unable to locate her in his bailiwick. He therefore returns the within Complaint in Mortgage Foreclosure as not found as to the defendant Nicole Ann Herb. Defendant is currently residing at 320 Franklin Street Carlisle, PA 17013. 11/17/2009 07:44 PM - William Cline, Deputy Sheriff, who being duly sworn according to law, states that on November 17, 2009 at 1944 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: David Aaron Herb, by making known unto himself personally, at 3 Colton Drive Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same time handing to him personally the said true and correct copy of the same. SHERIFF COST: $97.40 November 18, 2009 SO ANSWE R THOMAS KLINE, SHERIFF Byf Deputy eriff By De ty Sheriff I.,CU'?fpJUile . heal I e; ecOSJff. h'1-1 SHERIFF'S OFFICE OF CUMBERLAND CQkjK Ronny R Anderson C w THL f)E? O THON? °I i e" r ?. s 1a i'4 1 Sheriff X001 Q ?C tuuGrr? ?r ??' !? } ? Jody S Smith '? p1 2' 22 Chief Deputy CUMBfiPLA U CoU>q,, Richard W Stewart PENHSYLVAHIA Solicitor' Wells Fargo Bank, NA vs. David Aaron Herb (et al.) Case Number 2009-7449 SHERIFF'S RETURN OF SERVICE 04/0812010 Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on 4/6/10 at 1254 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 Davud Aarib Herb and Nicole Ann Herb, located at, 3 Colton Drive, Shippensburg, Cumberland County, Pennsylvania according to law. 04/09/2010 02:43 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2010 at 1443 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: Nicole Ann Herb, by making known unto, Nicole Ann Herb, personally, at 320 Franklin Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of the same. 04/09/2010 12:16 PM - Ronald Hoover, Deputy Sheriff, who being duly sworn according to law, states that on April 9, 2010 at 1443 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: David Aaron Herb, by making known unto, David Aaron Herb, personally, at 320 Franklin Street, Carlisle, Cumberland County, Pennsylvania its contents and at the same time handing to him personally the said true and correct copy of the same. 06/01/2010 Property sale postponed to 7/7/2010. 07/06/2010 Property sale postponed to 9/8/2010. 09/07/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned STAYED, per letter of instruction from Attorney Terrance 9/7/10 SHERIFF COST: $1,641.76 December 06, 2010 SO ANSWERS, RbNWY- R ANDERSON, SHERIFF (9 1 CO Cd 0" I -Z L(-?od, rj COOnfySu,te Sheriff. 1 eieosott h?C. 11 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 Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-3 Asset-backed Certificates, Series 2006-3 Plaintiff V. Nicole A Herb and David A Herb Defendants CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 09-7449 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth as of the date the Praecipe for the Writ of Execution was filed the following information concerning the real property located at: 3 Colton Drive, Shippensburg, Pennsylvania 17257, a copy of the description of said property being attached hereto and marked Exhibit "A." 1. Name and address of Owners or Reputed Owners Name Address Nicole A Herb 320 Franklin Street Carlisle, PA 17013 David A Herb 3 Colton Drive Shippensburg, PA 17257 2. Name and address of Defendants in the judgment: Name Address Nicole A Herb 320 Franklin Street Carlisle, Pennsylvania 17013 David A Herb 3 Colton Drive Shippensburg, Pennsylvania 17257 r 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Karl E. Rominger, Esquire c/o 155 S. Hanover Street Vincent V. and Denise Hayman Carlisle, Pennsylvania 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Rine & Rine Builders, Inc. 19 Indepence Dr. Shippensburg, Pennsylvania 17257 5. Name and address of every other person who has any record lien on the property: Name Address None 6. Name and address of every other person who has any record interest in the property which may be affected by the sale: Name Address Southampton Township 705 Municipal Dr. Shippensburg, Pennsylvania 17257 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Address 3 Colton Drive Shippensburg, Pennsylvania 17257 Department of Public Welfare P.O. Box 2675 Harrisburg, PA 17105 110 North 8t' Street Suite #204 Philadelphia, PA 19107 Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance United States of America Domestic Relations Cumberland County United States of America 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA 235 North Washington Street Scranton, PA 18503 and Federal Building 228 Walnut Street P.O. Box 11754 Harrisburg, PA 17108 8. Name and address of Attorney of record: Name Address None I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unsworn falsification to authorities. n4496e'e(? March 3.2010 TERRE E J. McCABE, ESQUIRE DATE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION All the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: TRACT No 1: BEGINNING at a point at the edge of Colton Drive at corner of Lot A-16 on the hereinafter referred to plan of lots; thence along Lot A-16 on said plan, South 10 degrees 21 minutes 0 seconds East 110 feet to a point at lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 79 degrees 39 minutes 0 seconds West 191.5 feet to a point at the edge of the intersection of Independence Drive and Colton Drive; thence along a curve to the right having a radius of 35 feet, a chord bearing of North 18 degrees 52 minutes 32 seconds East 30.2 feet to a point at the edge of Colton Drive; thence along Colton Drive, North 44 degrees 26 minutes 12 seconds East 105.39 feet to an iron pin; thence still along the edge of Colton Drive on a curve to the right having a radius of 125 feet, a chord bearing of North 62 degrees 2 minutes 36 seconds East 75.62 feet to a point; thence still along the edge of Colton Drive, North 79 degrees 39 minutes 0 seconds East 18.57 feet to a point at the corner of Lot A-16 the place of beginning, containing 14,593 square feet. BEING Lot A-17 on subdivision plan prepared toy Carl D. Bert dated April 7, 2003, entitled "Land Subdivision for Rine Estates, Phase IV," and recorded in Cumberland County, Pa., Plan Book 90, Page 124. TRACT No. 2: BEGINNING at a point in the intersection of Independence Drive and Colton Drive at corner of other lands of the Grantor herein; thence along lands now or formerly of the Grantor herein, North 79 degrees 39 minutes 0 seconds East 51.18 feet to an existing iron pin at corner of lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 10 degrees 7 minutes 30 seconds East 150.78 feet to a point at lands now or formerly of Coffey; thence along the edge of independence Drive on a curve to the right having a radius of 40 feet, a chord bearing of North 55 degrees 3 minutes 45 seconds West 56.51 feet to a point at the edge of Independence Drive; thence along Independence Drive, North 10 degrees 7 minutes 30 seconds West 40.68 feet to a point; thence still along Independence Drive on a curve to the left having a radius of 175 feet, and a chord bearing of North 19 degrees 32 minutes 36,seconds West 57.28 feet to a point in the road; thence on a curve to the right having a radius of 35 feet, and a chord bearing of North 17 degrees 49 minutes 25 seconds West 13.52 feet to a point at comer of other lands of the Grantor here, the place of beginning, containing 6,003 square feet. BEING Lot A-21 on subdivision plan prepared by Carl D. Bert dated June 26, 1998, entitled "Land Subdivision for Rine Estates, Phases I:and 11, " and recorded in Cumberland County, Pa, Plan Book 77, Page 64, THE above-described two tracts of real estate are part of the same which Richard E. Railing and Dorothy J. Railing, his wife, by deed dated August 11, 1998, recorded in Cumberland County, Pa., Deed Book 183, Page 607, conveyed to J. Gary Bine and Virginia B. Rine and Danin G. Rine and Loretta L. Rine, the Grantor herein. SUBJECT to the provisions of the declaration of covenants and restrictions for Rine Estates Subdivision, Phases I and II, dated October 2, 1998, and recorded in Cumberland County, Pa., Deed Book 590, Page 1071. SUBJECT FURTHER to the conditions, restrictions, notations, and easements as shown on the aforementioned plans of lots as fully as if written out at length herein. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record to the extent valid and enforceable and still applicable to the above-described premises. BEING PARCEL NUMBER 39-37-2092-144 BEING KNOWN AS 3 Colton Drive, Shippensburg, Pennsylvania 17257 BEING the same premises which J. GaryRine and Virgina B.rine, His Wife, by deed dated August 28, 2006 and recorded December 4, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 277, Page 4122, granted and conveyed to Nicole A Herb and David A Herb, husband and wife, in fee. BNWA • McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-3 Asset-backed Certificates, Series 2006-3 V. Nicole A Herb and David A Herb Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-7449 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Nicole A Herb David A Herb 320 Franklin Street 3 Colton Drive Carlisle, Pennsylvania 17013 Shippensburg, Pennsylvania 17257 Your house (real estate) at 3 Colton Drive, Shippensburg, Pennsylvania 17257 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 Pourthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $218,053.72 obtained by Wells Fargo Bank, N.A. as Trustee for Option One Mortgage Loan Trust 2006-3 Asset-backed Certificates, Series 2006-3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Wells Fargo Bank, N.A. as Trustee for Option One Mortgagc Loan Trust 2006-3 Assct-backcd Certificates, Series 2006-3 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. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 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. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION All the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: TRACT No 1: BEGINNING at a point at the edge of Colton Drive at comer of Lot A-16 on the hereinafter referred to plan of lots; thence along Lot A-16 on said plan, South 10 degrees 21 minutes 0 seconds East 110 feet to a point at lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 79 degrees 39 minutes 0 seconds West 191.5 feet to a point at the edge of the intersection of Independence Drive and Colton Drive; thence along a curve to the right having a radius of 35 feet, a chord bearing of North 18 degrees 52 minutes 32 seconds East 30.2 feet to a point at the edge of Colton Drive; thence along Colton Drive, North 44 degrees 26 minutes 12 seconds East 105.39 feet to an iron pin; thence still along the edge of Colton Drive on a curve to the right having a radius of 125 feet, a chord bearing of North 62 degrees 2 minutes 36 seconds East 75.62 feet to a point; thence still along the edge of Colton Drive, North 79 degrees 39 minutes 0 seconds East 18.57 feet to a point at the corner of Lot A-16 the place of beginning, containing 14,593 square feet. BEING Lot A-17 on subdivision plan prepared toy Carl D. Bert dated April 7, 2003, entitled "Land Subdivision for Rine Estates, Phase IV," and recorded in Cumberland County, Pa., Plan Book 90, Page 124. TRACT No. 2: BEGINNING at a point in the intersection of Independence Drive and Colton Drive at comer of other lands of the Grantor herein; thence along lands now or formerly of the Grantor herein, North 79 degrees 39 minutes 0 seconds East 51.18 feet to an existing iron pin at comer of lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 10 degrees 7 minutes 30 seconds East 150.78 feet to a point at lands now or formerly of Coffey; thence along the edge of independence Drive on a curve to the right having a radius of 40 feet, a chord bearing of North 55 degrees 3 minutes 45 seconds West 56.51 feet to a point at the edge of Independence Drive; thence along Independence Drive, North 10 degrees 7 minutes 30 seconds West 40.68 feet to a point; thence still along Independence Drive on a curve to the left having a radius of 175 feet, and a chord bearing of North 19 degrees 32 minutes 36 seconds West 57.28 feet to a point in the road; thence on a curve to the right having a radius of 35 feet, and a chord bearing of North 17 degrees 49 minutes 25 seconds West 13.52 feet to a point at comer of?other lands of the Grantor here, the place of beginning, containing 6,003 square feet. BEING Lot A-21 on subdivision plan prepared by Carl D. Bert dated June 26, 1998, entitled "Land Subdivision for Rine Estates, Phases I. and II, " and recorded in Cumberland County, Pa, Plan Book 77, Page 64, THE above-described two tracts of real estate are part of the same which Richard E. Railing and Dorothy J. Railing, his wife, by deed dated August 11, 1998, recorded in Cumberland County, Pa., Deed Book 183, Page 607, conveyed to J. Gary Bine and Virginia B. Rine and Darrin G. Rine and Loretta L. Rine, the Grantor herein. SUBJECT to the provisions of the declaration of covenants and restrictions for Rine Estates Subdivision, Phases I and II, dated October 2, 1998, and recorded in Cumberland County, Pa., Deed Book 590, Page 1071. SUBJECT FURTHER to the conditions, restrictions, notations, and easements as shown on the aforementioned plans of lots as fully as if written out at length herein. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record to the extent valid and, enforceable and still applicable to the above-described premises. BEING PARCEL NUMBER 39-37-2092-144 BEING KNOWN AS 3 Colton Drive, Shippensburg, Pennsylvania 17257. BEING the same premises which J. Gary Rine and Virgina B.rine, His Wife, by deed dated August 28, 2006 and recorded December 4, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 277, Page 4122, granted and conveyed to Nicole A Herb and David A Herb, husband and wife, in fee. WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) NO 09-7449 Civil COUNTY OF CUMBERLAND) CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A., as Trustee for OPTION ONE MORTGAGE LOAN TRUST 2006-3 ASSET-BACKED CERTIFICATES, SERIES 2006-3, Plaintiff (s) From NICOLE A. HERB and DAVID A. HERB (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 $218,053.72 L.L. $.50 Interest from 12/22/09 to 6/2/10 at $35.85 -- $5,843.55 Atty's Comm % Due Prothy $2.00 Atty Paid $216.40 Plaintiff Paid Date: 3/8/10 (Seal) REQUESTING PARTY: Other Costs David D. ell, Prothonotary By: Deputy Name: MARGARET GAIRO, ESQUIRE Address: MCCABE, WEISBERG AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 On March 22, 2010 the Sheriff levied upon the L1' defendant's interest in the real property situated in Southampton Township, Cumberland County, PA, Known and numbered, 3 Colton Drive, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March 22, 2010 By: Rea state Coordinator PROO 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 CUMBERLAN 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 l 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 i the regular editions and issues of the said Cumberland Law Journal on the following dates, and April 30, 2010 Affiant further deposes the Law Journal, a legal periodical of matter of the aforesaid notice or ac statements as to time, place and he is authorized to verify this statement by the Cumberland eneral circulation, and that he is not interested in the subject and that all allegations in the foregoing of publication are true. E sa Marie Coyn Editor SWORN TO AND SUBSCRIBED before me this 30 da of April, 2010 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 28, 2014 ?t i t Writ No. 2009-7449 Civi'. Wells Fargo Banc, NA as Trustee for ABFC 2006-OPT3 Trust, ABFC Asset-Backed Certificates, Series 2006-OPT3 VS. David Aaron Herb Nicole Ann Herb Atty: Terrence McCabe All the following described real estate, together with improvements thereon erected, lying and being situ- ate in Southampton Township, Cum- berland County, Pennsylvania, more particularly described as follows: TRACT No 1: BEGINNING at a point at the edge of Colton Drive at corner of Lot A-16 on the hereinafter referred to plan of lots; thence along Lot A-16 on said plan, South 10 degrees 21 minutes 0 seconds East 110 feet to a point at lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Cof- fey, South 79 degrees 39 minutes 0 seconds West 191.5 feet to a point at the edge of the intersection of In- dependence Drive and Colton Drive; thence along a curve to the right hav- ing a radius of 35 feet, a chord bear- ing of North 18 degrees 52 minutes 32 seconds East 30.2 feet to a point at the edge of Colton Drive; thence along Colton Drive, North 44 degrees 26 minutes 12 seconds East 105.39 feet to an iron pin; thence still Wong the ewe of Colton Drive on a calve to the right having a radius of 125 feet, a chord bearing of North 62 degrees 2 minutes 36 seconds East 75.62 feet to a point; thence still along the edge of Colton Drive, North 79 degrees 39 minutes 0 seconds East 18.57 feet to a point at the corner of Lot A-16 the place of beginning, containing 14,593 square feet. BEING Lot A-17 on subdivision plan prepared toy Carl D. Bert dated April 7, 2003, entitled "Land Subdivi- sion for Rine Estates, Phase IV," and recorded in Cumberland County, Pa., Plan Book 90, Page 124. TRACT No. 2: BEGINNING at a point in the intersection of Inde- pendence Drive and Colton Drive at corner of other lands of the Grantor herein; thence along lands now or formerly of the Grantor herein, North 79 degrees 39 minutes 0 seconds East 51.18 feet to an existing iron pin at corner of lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 10 degrees 7 minutes 30 seconds East 150.78 feet to a point at lands now or formerly of Coffey; thence along the edge of independence Drive on a curve to the right having a radius of 40 feet, a chord bearing of North 55 degrees 3 minutes 45 seconds West 56.51 feet to a point at the edge of Independence Drive; thence along In- dependence Drive, North 10 degrees 7 minutes 30 seconds West 40.68 feet to a point; thence still along In- dependence Drive on a curve to the left having a radius of 175 feet, and a chord bearing of North 19 degrees 32 minutes 36 seconds West 57.28 feet to a point in the road; thence on 7 a curve to the right having a radius of .,'4 35 feet, and a chord bearing of North 17 degrees 49 minutes 25 seconds West 13.52 feet to a point at comer of other lands of the Grantor here, the place of beginning, containing 6,003 June 26, 19%, "Lased Sub-end" di fW INw 200AG. Nauss I and 11, a and teem dMin Cwohaiand County, Pa, Plan Book 77, Page 64. THE above-described two tracts of real estate are part of the same which Richard E. Railing and Doro- thy J. Railing, his wife, by deed dated August 11, 1998, recorded in Cumberland County, Pa., Deed Book 183, Page 607, conveyed to J. Gary Bine and Virginia B. Rine and Dar- rin G. Rine and Loretta L. Rine, the Grantor herein. SUBJECT to the provisions of the declaration of covenants and restric- tions for Rine Estates Subdivision, Phases I and II, dated October 2, 1998, and recorded in Cumberland County, Pa., Deed Book 590, Page 1071. SUBJECT FURTHER to the con- ditions, restrictions, notations, and easements as shown on the afore- mentioned plans of lots as fully as if written out at length herein. UNDER AND SUBJECT to existing covenants, agreements, conditions, easements, restrictions and rights of record to the extent valid and en- forceable and still applicable to the above-described premises. BEING PARCEL NUMBER 39-37- 2092-144. BEING KNOWN AS 3 Colton Drive, Shippensburg, Pennsylvania 17257. BEING the same premises which J. Gary Rine and Virgins B.rine, His Wife, by deed dated August 28, 2006 and recorded December 4, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 277, Page 4122, granted and con- veyed to Nicole A. Herb and David A. Herb, husband and wife, in fee. The Patriot-News Co. 2020 Technology Pkwy 5une 300 - Mechanicsburg, PA 17050 Inquiries - 717-255-8213 ?he?lahiot News Now you know CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss 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 Sworn to and subscribed before me this any of May, 2010 A. D. Notary Public COMMONWEALTH OF PENNSYLVANIA Notarial Swat Sherrie L Klsrw, Notary Public Lower Paxton Twp., Dauphin County My Commission Expires Nov. 26, 2011 04/23/10 04/30/10 Member, Pennsylvania Assxiation o1` Notaries Writ No. 2009-7449 Civil Term Wells Fargo Bank, NA as Trustee for ABFC 2006-0PT3 Trust; A,FC Asset-Backed Certificates, Series 2006-0PT3 VS. David Aaron Herb Nicole Ann Herb Atty: Terrence McCabe All the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township. Cumberland County, Pennsylvania. more particularly described as follows: TRACT No 1: BEGINNING at a point at the edge,of Colton Drive at corner of Lot A-16 on the hereinafter referred to plan of lots; thence along Lot A-16 on said plan, South 10 degrees 21 minutes 0 seconds East 110 feet to a point at lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 79 degrees 39 minutes 0 seconds West 191.5 feet to a point at the edge of the intersection of Independence Drive and Colton Drive; thence along a curve to the right having a radius of 35 feet, a chord bearing of North 18 degrees 52 minutes 32 seconds East 30.2 feet to a point at the edge of Colton Drive; thence along Colton Drive, North 44 degrees 26 minutes 12 seconds East 105.39 feet to an iron pin; thence still along the edge of Colton Drive on a curve to the right having a radius of 125 feet, a chord bearing of North 62 degrees 2 minutes 36 seconds East 75.62 feet to a point; thence still along the edge of Colton Drive, North 79 degrees 39 minutes 0 seconds East 18.57 feet to a point at the corner of Lot A-16 the place of beginning, containing 14,593 square feet. BEING Lot A-17 on subdivision plan prepared toy Carl D. Bert dated April 7, 2003, entitled "Land Subdivision for Rine Estates, Phase IV," and recorded in Cumberland County, Pa., Plan Book 90, Page 124. TRACT No. 2: BEGINNING at a point in the intersection of Independence Drive and Colton Drive at corner of other lands of the Grantor herein; thence along lands now or formerly of the-Grantor herein, North 79 degrees 39 minutes 0 s; conds East 51.18 feet to an existing iron pin at corner of lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 10 degrees 7 minutes 30 seconds East 150.78 feet to a point at lands now or formerly of Coffey; thence along the edge,of independence Drive on a curve to the right having a radius'of 40 feet, a chord bearing of North 55 degrees 3 minutes 45 seconds West 56.51 feet to a point at the edge of Independence Drive; thence along independence Drive, North 10 degrees 7 minutes 30 seconds West 40.68 feet to a point: thence still along Independence Drive on a curve to the left having a radius of 175 feet, and a chord bearing of North 19 degrees 32 minutes 36 seconds West 57.28 feet to a point in the road; thence on a curve to the right having a radius of 35 feet, and a chord bearing of North 17 degrees 49 minutes 25 seconds West 13.52 feet to a point at comer of other lands of the Grantor here, the place of beginning, containing 6,003 square feet. BEING Lot A-21 on subdivision plan prepared by Carl D. Bert dated June 26, 1998, entitled "Land Subdivision for Rine Estates, Phases I and II. - and recorded in Cumberland County, Pa, Plan Book 77, Page 64, THE above-described two tracts of real estate are part of the same which Richard E. Railing and Dorothy J. Railing, his wife, by deed dated August 11, 1998, recorded in Cumberland County, Pa., Deed Book 183, Page 607, conveyed to J. Gary Bine and Virginia B. Rine and Darin G. Rine and Loretta L. Rine, the Grantor herein. SUBJECT to the provisions of the declaration of covenants and restrictions for Rine Estates Subdivision, Phases I and II, dated October 2, 1998, and recorded in Cumberland County, Pa., Deed Book 590, Page 1071. SUBJECT FURTHER to the conditions, restrictions, notations, and easements * shown on the aforementioned plans of lots as fully as if written out a ktga h UNDID AND SIJ!(iWT to cussing eoti+a ula agreements, ooh, essamm, rewwomes and rights of rarord to the extent valid ad enforceable and still applicable to the above-, described premises. BEING PARCEL NUMBER 39-37-2092-144 BEING KNOWN AS 3 Colton Drive, Shi?pensburg,Pennsylvania 17257. BEING the same premises which J. Gary Rine and Vir,#na Brine, His Wife, by deed dated August 28, 2006 and recorded December 4, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 277, Page 4122, granted and conveyed to Nicole A Herb and David A Herb, husband and wife, in fee. 14 IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY PENNSYLVANIA CIVIL, DIVISION Wells Fargo Bank, N.A. As Trustee For Option One Mortgage Loan Trust 2006-3 Asset-backed Certificates, Series 2006-3 V. Nicole A Herb and David A Herb FILE NO.: 09-7449 Civil Term Civil Term AMOUNT DUE: $218,053.72 INTEREST: from 12/22/09 to 6/01/2011 $18.887.68 at $35.84 ATTY' S COMM.: COSTS: TO THE PROTHONOTARY OF SAID COURT: The undersigned hereby certifies that the below does not arise out of a retail installment sale, contract, or account based on a confession of judgment, but if it does, it is based on the appropriate original proceeding filed pursuant to Act 7 of 1966 as amended; and for real property pursuant to Act 6 of 1974 as amended. PRAECIPE FOR EXECUTION Issue writ or execution in the above matter to the Sheriff of Cumberland County, for debt, interest and costs upon the Following described property of the defendant(s) 3 Colton Drive Shinpensburg Pennsylvania 17257 (More fully described as attached) PRAECIPE FOR ATTACHMENT EXECUTION Issue writ of attachment to the Sheriff of CUMBERLAND County, for debt, interest and costs, as above, directing attachment against the above-named gamishee(s) for the following property (if real estate, supply six copies of the description; supply four copies of lengthy personalty list) ana all other property of the defendant(s) in the possession, custody or control of the said garnishee(s). (Indicate) Index this writ against the garnishee(s) as a lis pendens against real estate of the defendant(s) described in the attached exhibit. DATE: December 3.2010 ?',1, ? a?? • 66 ??y C? ? rd -Sb << /q. GO A dy.Gv } V:g,,7U ti ?1 ? 7"l - I t u Signature: (j Print Name: MCCAB , WEI ERG AND CONWAY Address: 123 S. Broad Street. Suite 2080 Philadelphia. PA 19109 Attorney for: Plaintiff Telephone: (215) 790 1010 Supreme Court ID No. _ c o 41 '40 ? ?G rri ? _no cn r- -r, `- a D =C:) DC -G a 0 C-) c.n r- 0 C) 'n rn- r- ;:Oal o© S© 2n O? D Ct?t idkeW IKL _ftm LEGAL DESCRIPTION All the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: TRACT No 1: BEGINNING at a point at the edge of Colton Drive at corner of Lot A-16 on the hereinafter referred to plan of lots; thence along Lot A-16 on said plan, South 10 degrees 21 minutes 0 seconds East 110 feet to a point at lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 79 degrees 39 minutes 0 seconds West 191.5 feet to a point at the edge of the intersection of Independence Drive and Colton Drive; thence along a curve to the right having a radius of 35 feet, a chord bearing of North 18 degrees 52 minutes 32 seconds East 30.2 feet to a point at the edge of Colton Drive; thence along Colton Drive, North 44 degrees 26 minutes 12 seconds East 105.39 feet to an iron pin; thence still along the edge of Colton Drive on a curve to the right having a radius of 125 feet, a chord bearing of North 62 degrees 2 minutes 36 seconds East 75.62 feet to a point; thence still along the edge of Colton Drive, North 79 degrees 39 minutes 0 seconds East 18.57 feet to a point at the comer of Lot A-16 the place of beginning, containing 14,593 square feet. BEING Lot A-17 on subdivision plan prepared toy Carl D. Bert dated April 7, 2003, entitled "Land Subdivision for Rine Estates, Phase IV," and recorded in Cumberland County, Pa., Plan Book 90, Page 124. TRACT No. 2: BEGINNING at a point in the intersection of Independence Drive and Colton Drive at comer of other lands of the Grantor herein; thence along lands now or formerly of the Grantor herein, North 79 degrees 39 minutes 0 seconds East 51.18 feet to an existing iron pin at comer of lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 10 degrees 7 minutes 30 seconds East 150.78 feet to a point at lands now or formerly of Coffey; thence along the edge of independence Drive on a curve to the right having a radius of 40 feet, a chord bearing of North 55 degrees 3 minutes 45 seconds West 56.51 feet to a point at the edge of Independence Drive; thence along Independence Drive, North 10 degrees 7 minutes 30 seconds West 40.68 feet to a point; thence still along Independence Drive on a curve to the left having a radius of 175 feet, and a chord bearing of North 19 degrees 32 minutes 36 seconds West 57.28 feet to a point in the road; thence on a curve to the right having a radius of 35 feet, and a chord bearing of North 17 degrees 49 minutes 25 seconds West 13.52 feet to a point.at.comer of other lands of the Grantor here, the place of beginning, containing 6;003. square feet. BEING Lot A-21 on subdivision plan prepared by Carl D. Bert dated June 26, 1998, entitled "Land Subdivision for Rine Estates, Phases I and 11, " and recorded in Cumberland County, Pa, Plan Book 77, Page 64, the above-described two tracts of real estate are part of the same which Richard E. Railing and Dorothy J. Railing, his wife, by deed dated August 11, 1998, recorded in Cumberland County, Pa., Deed Book 183, Page 607, conveyed to J. Gary Bine and Virginia B. Rine and Darrin G. Rine and Loretta L. Rine, the Grantor herein. SUBJECT to the provisions of the declaration of covenants and restrictions for Rine Estates Subdivision, Phases I and 11, dated October 2, 1998, and recorded in Cumberland County, Pa., Deed Book 590, Page 1071. SUBJECT FURTHER to the conditions, restrictions, notations, and easements as shown on the aforementioned plans of lots as fully as if written out at length herein. RB5678 3 Colton Drive, Shippensburg, Pennsylvania 17257. BEING the same premises which J. GARY RINE AND VIRGINA B. RINE, HIS WIFE, AND DARRIN G. RINE AND LORETTA L. RINE by deed dated August 28, 2006 and recorded December 4, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 277, Page 4122, granted and conveyed to Nicole A Herb and David A Herb, husband and wife, in fee. TAX MAP PARCEL NUMBER: 39-37-2092-144 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7449 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2006-3 ASSET-BACKED CERTIFICATES, SERIES 2006-3 Plaintiff (s) From NICOLE A. HERB AND DAVID A. HERB (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 $218,053.72 L.L. Interest FROM 12/22/09 TO 6/01/2011$18,887.68 AT $35.84 Atty's Comm % Due Prothy $2.00 Atty Paid $1,879.66 Plaintiff Paid Date: 12/15/10 (Seal) REF UESTING PARTY: Name: MARGARET GAIRO Address: MCCABE, WEISBERG, AND CONWAY Other Costs David D. ?uell, Prothonotary By: 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Deputy Attorney for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.a. As Trustee For Option One Mortgage Loan Trust 2006-3 Asset-backed Certificates, Series 2006-3 Plaintiff Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 09-7449 Civil Term C CM V. -e CJ rn co 0 Nicole A Herb and David A Herb __3 rat C?3 Defendants = cn LD -0 AFFIDAVIT PURSUANT TO RULE 3129 r o _ The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 3 Colton Drive, Shippensburg, Pennsylvania 17257, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owners or Reputed Owners Name Address Nicole A Herb 320 Franklin Street Carlisle, Pennsylvania 17013 David A Herb 3 Colton Drive Shippensburg, Pennsylvania 17257 2. Name and address of Defendants in the judgment: Name Address Nicole A Herb 320 Franklin Street Carlisle, Pennsylvania 17013 David A Herb 3 Colton Drive Shippensburg, Pennsylvania 17257 C) M_ -?r- ?C3 00 --a o z -n C :)-n x? °m D 3. Name and last known address of every judgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Vincent V. and Denise Hayman, 155 S. Hanover Street c/o Karl E. Rominger, Esquire Carlisle, Pennsylvania 17013 4. 5. 6. Name and address of the last recorded holder of every mortgage of record: Name Address Plaintiff herein Rine & Rine Builders, Inc. 19 Indepence Drive Shippensburg, Pennsylvania 17257 Name and address of every other person who has any record lien on the property: Name None Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name none Address 7. Name and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 3 Colton Drive Shippensburg, Pennsylvania 17257 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8'" Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriff's Sales United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States 8. Name and address of Attorney of record: Name None Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unworn falsification to authorities. December 3.2010 DATE T N J. Mc ABE, ESQUIRE MARC S. EISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff LEGAL DESCRIPTION All the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: TRACT No 1: BEGINNING at a point at the edge of Colton Drive at comer of Lot A-16 on the hereinafter referred to plan of lots; thence along Lot A-16 on said plan, South 10 degrees 21 minutes 0 seconds East 110 feet to a point at lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 79 degrees 39 minutes 0 seconds West 191.5 feet to a point at the edge of the intersection of Independence Drive and Colton Drive; thence along a curve to the right having a radius of 35 feet, a chord bearing of North 18 degrees 52 minutes 32 seconds East 30.2 feet to a point at the edge of Colton Drive; thence along Colton Drive, North 44 degrees 26 minutes 12 seconds East 105.39 feet to an iron pin; thence still along the edge of Colton Drive on a curve to the right having a radius of 125 feet, a chord bearing of North 62 degrees 2 minutes 36 seconds East 75.62 feet to a point; thence still along the edge of Colton Drive, North 79 degrees 39 minutes 0 seconds East 18.57 feet to a point at the corner of Lot A-16 the place of beginning, containing 14,593 square feet. BEING Lot A-17 on subdivision plan prepared toy Carl D. Bert dated April 7, 2003, entitled "Land Subdivision for Rine Estates, Phase IV," and recorded in Cumberland County, Pa., Plan Book 90, Page 124. TRACT No. 2: BEGINNING at a point in the intersection of Independence Drive and Colton Drive at comer of other lands of the Grantor herein; thence along lands now or formerly of the Grantor herein, North 79 degrees 39 minutes 0 seconds East 51.18 feet to an existing iron pin at corner of lands now or formerly of Donald E: Coffey; thence along lands now or formerly of Coffey, South 10 degrees 7 minutes 30 seconds East 150.78 feet to a point at lands now or formerly of Coffey; thence along the edge of independence Drive on a curve to the right having a radius of 40 feet, a chord bearing of North 55 degrees 3 minutes 45 seconds West 56.51 feet to a point at the edge of Independence Drive; thence along Independence Drive, North 10 degrees 7 minutes 30 seconds West 40.68 feet to a point; thence still along Independence Drive on a curve to the left having a radius of 175 feet, and a chord bearing of North 19 degrees 32 minutes 36 seconds West 57.28 feet to a point in the road; thence on a curve to the right having a radius of 35 feet, and a chord bearing of North 17 degrees 49 minutes 25 seconds West 13.52 feet . to a point at comer of other lands of the Grantor here, the place ofbeginning, containing 6,003 .square feet. , BEING Lot A-21 on subdivision plan prepared by Carl D. Bert dated June 26, 1998, entitled "Land Subdivision for Rine Estates, Phases I and II, " and recorded in Cumberland County, Pa, Plan Book 77, Page 64, the above-described two tracts of real estate are part of the same which Richard E. Railing and Dorothy J. Railing, his wife, by deed dated August 11, 1998, recorded in Cumberland County, Pa., Deed Book 183, Page 607, conveyed to J. Gary Bine and Virginia B. Rine and Darrin G. Rine and Loretta L. Rine, the Grantor herein. SUBJECT to the provisions of the declaration of covenants and restrictions for Rine Estates Subdivision, Phases I and 11, dated October 2, 1998, and recorded in Cumberland County, Pa., Deed Book 590, Page 1071. SUBJECT FURTHER to the conditions, restrictions, notations, and easements as shown on the aforementioned plans of lots as fully as if written out at length herein. RB5678 3 Colton Drive, Shippensburg, Pennsylvania 17257. BEING the same premises which J. GARY RINE AND VIRGINA B. RINE, HIS WIFE, AND DARRIN G. RINE AND LORETTA L. RINE by deed dated August 28, 2006 and recorded December 4, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 277, Page 4122, granted and conveyed to Nicole A Herb and David A Herb, husband and wife, in fee. TAX MAP PARCEL NUMBER: 39-37-2092-144 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 Wells Fargo Bank, N.a. As Trustee For Option One Mortgage Loan Trust 2006-3 Asset-backed Certificates, Series 2006-3 Plaintiff V. Nicole A Herb and David A Herb Defendants Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-7449 Civil Term AFFIDAVIT OF LAST-KNOWN MAILING ADDRESS OF DEFENDANTS The undersigned, attorney for the Plaintiff in the within matter, being duly sworn according to law, hereby depose and say that the last-known mailing addresses of the Defendants are: Nicole A Herb David A Herb 320 Franklin Street 3 Colton Drive Carlisle, Pennsylvania 17013 Shippensburg, Pennsylvania 17257 SWORN AND SUBSCRIBED BEFORE ME THIS U. DAY OF pprpM?r 2010 NOTARY PUBLIC MA'ch_lxe?? TERREN E J. McCABE, ESQUIRE MARC S. WEISBERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff `'..p ... A L G? of County MY CpM J kU 06, 2014 N o _q C= -0 m r- aC C7 v C-a -p =x =-n C) Z , ON C:) 7C7 McCABE, WEISBERG AND CONWAY, P.C. BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 MARC S. WEISBERG, ESQUIRE - ID # 17616 EDWARD D. CONWAY, ESQUIRE - ID # 34687 MARGARET GAIRO, ESQUIRE - ID # 34419 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 CIVIL ACTION LAW Wells Fargo Bank, N.a. As Trustee For Option One Mortgage Loan Trust 2006-3 Asset-backed Certificates, Series 2006-3 V. Nicole A Herb and David A Herb To: Attorneys for Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY Number 09-7449 Civil Term C'-) C N o C7 rl rr' o ?'?t FT c -- FTl F?l .... r ?? cn SQ CD Z - D c .c Ca r? t -1 p D NOTICE OF SHERIFF'S SALE OF REAL PROPERTY Nicole A Herb David A Herb 320 Franklin Street 3 Colton Drive Carlisle, Pennsylvania 17013 Shippensburg, Pennsylvania 17257 Your house (real estate) at 3 Colton Drive, Shippensburg, Pennsylvania 17257 is scheduled to be sold at Sheriffs Sale on June 1, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $218,053.72 obtained by Wells Fargo Bank, N.a. As Trustee For Option One Mortgage Loan Trust 2006-3 Asset-backed Certificates, Series 2006-3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY IRE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Wells Fargo Bank, N.a. As Trustee For Option One Mortgage Loan Trust 2006-3 Asset-backed Certificates, Series 2006-3 the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. 7 You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after the. sale. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION All the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland County, Pennsylvania, more particularly described as follows: TRACT No 1: BEGINNING at a point at the edge of Colton Drive at comer of Lot A-16 on the hereinafter referred to plan of lots; thence along Lot A-16 on said plan, South 10 degrees 21 minutes 0 seconds East 110 feet to a point at lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 79 degrees 39 minutes 0 seconds West 191.5 feet to a point at the edge of the intersection of Independence Drive and Colton Drive; thence along a curve to the right having a radius of 35 feet, a chord bearing of North 18 degrees 52 minutes 32 seconds East 30.2 feet to a point at the edge of Colton Drive; thence along Colton Drive, North 44 degrees 26 minutes 12 seconds East 105.39 feet to an iron pin; thence still along the edge of Colton Drive on a curve to the right having a radius of 125 feet, a chord bearing of North 62 degrees 2 minutes 36 seconds East 75.62 feet to a point; thence still along the edge of Colton Drive, North 79 degrees 39 minutes 0 seconds East 18.57 feet to a point at the comer of Lot A-16 the place of beginning, containing 14,593 square feet. 1 BEING Lot A-17 on subdivision plan prepared toy Carl D. Bert dated April 7, 2003, entitled "Land Subdivision for Rine Estates, Phase IV," and recorded in Cumberland County, Pa., Plan Book 90, Page 124. TRACT No. 2: BEGINNING at a point in the intersection of Independence Drive and Colton Drive at comer of other lands of the Grantor herein; thence along lands now or formerly of the Grantor :herein, North 79 degrees 39 minutes 0 seconds East 51.18 feet to an existing iron pin at comer of lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 10 degrees 7 minutes 30 seconds East 150.78 feet to a point at lands now or formerly of Coffey; thence along the edge of independence Drive on a curve to the right having a radius of 40 feet, a chord bearing of North 55 degrees 3 minutes 45 seconds West 56.51 feet to a point at the edge of Independence Drive; thence along Independence Drive, North 10 degrees 7 minutes 30 seconds West 40.68 feet to a point; thence still along Independence Drive on .a curve to the left having a radius of 175 feet, and a chord bearing of North 19 degrees 32 minutes 36 seconds West 57.28 feet to a point in the road; thence on a curve to the right having a radius of 35 feet, and a chord bearing of North 17 degrees 49 minutes 25 seconds West 13.52 feet to a point at comer-0 other lands. of the Grantor here, the place of beginning, containing 6,003 square feet. . BEING Lot A-21 on subdivision plan prepared by Carl D. Bert dated June 26, 1998, entitled "Land Subdivision for Rine Estates, Phases I and II, " and recorded in Cumberland County, Pa, Plan Book 77, Page 64, the above-described two tracts of real estate are part of the same which Richard E. Railing and Dorothy J. Railing, his wife, by deed dated August 11, 1998, recorded in Cumberland County, Pa., Deed Book 183, Page 607, conveyed to J. Gary Bine and Virginia B. Rine and Darrin G. Rine and Loretta L. Rine, the Grantor herein. SUBJECT to the provisions of the declaration of covenants and restrictions for Rine Estates Subdivision, Phases I and II, dated October 2, 1998, and recorded in Cumberland County, Pa., Deed Book 590, Page 1071. SUBJECT FURTHER to the conditions, restrictions, notations, and easements as shown on the aforementioned plans of lots as fully as if written out at length herein. RB5678 3 Colton Drive, Shippensburg, Pennsylvania 17257. BEING the same premises which J. GARY RINE AND VIRGINA B. RINE, HIS WIFE, AND DARRIN G. RINE AND LORETTA L. RINE by deed dated August 28, 2006 and recorded December 4, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 277, Page 4122, granted and conveyed to Nicole A Herb and David A Herb, husband and wife, in fee. TAX MAP PARCEL NUMBER: 39-37-2092-144 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 KEVIN McQUAIL, ESQUIRE-ID # 307169 123 South Broad Street, Suite 2080 Philadelphia, Pennsylvania 19109 (215) 790-1010 Wells Fargo Bank, N.a. As Trustee For Option One Mortgage Loan Trust 2006-3 Asset-backed Certificates, Series 2006-3 Plaintiff V. Nicole A Herb and David A Herb De pendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS Number 09-7449 Civil Term AFFIDAVIT OF SERVICE C7 c- N ?. -g M M ;- <d ?Q D -' M I, the undersigned attorney for the Plaintiff in the within matter, hereby certify that on the 5`h day of April, 2011, a true and correct copy of the Notice of Sheriffs Sale of Real Property was served on all pertinent lienholder(s) as set forth in the Affidavit Pursuant to 3129 which is attached hereto. Copies of the letter and certificates of mailing are also attachec),lfereto, made la-W hereof. SWORN AND SUBSCRIBED TE CE J. McCABE, ESQUIRE BEFORE ME THIS jflVAY MA S. WEISBERG, ESQUIRE OF p r, l ___'2_011 ED ARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE KEVIN McQUAIL, ESQUIRE NOTARY 14JBLIC Attorneys for Plaintiff COMMONWEALTH OF PENNSYLVANIA NOTARIAL SEAL Megan C. Paolucci-Notary Public City of Philadelphia, Philadelp%ia County MY COMMISW 10,? 7x"IRES JAN, 06, 2014 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 Wells Fargo Bank, N.a. As Trustee For Option One Mortgage Loan Trust 2006-3 Asset-backed Certificates, Series 2006-3 Plaintiff V. Nicole A Herb and David A Herb Defendants Attorneys for Plaintiff CUMBERLAND COUNTY COURT OF COMMON PLEAS NO: 09-7449 Civil Tenn AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 3 Colton Drive, Shippensburg, Pennsylvania 17257, as of the date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. Name and address of Owners or Reputed Owners Name Address Nicole A Herb 320 Franklin Street Carlisle, Pennsylvania 17013 David A Herb 3 Colton Drive Shippensburg, Pennsylvania 17257 2. Name and address of Defendants in the judgment: Name Address Nicole A Herb 320 Franklin Street Carlisle, Pennsylvania 17013 David A Herb 3 Colton Drive Shippensburg, Pennsylvania 17257 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein Vincent V. and Denise Hayman, 155 S. Hanover Street c/o Karl E. Rominger, Esquire Carlisle, Pennsylvania 17013 4. Name and address of the last recorded holder of every mortgage of record: Name Plaintiff herein Address Rine & Rine Builders, Inc. 19 Indepence Drive Shippensburg, Pennsylvania 17257 5. Name and address of every other person who has any record lien on the property: Name None 6. Address Name and address of every other person who has any record interest in the property which may be affected by the sale: Name none Address 7. Namc and address of every other person of whom the plaintiff has knowledge who has any interest in the property which may be affected by the sale: Name Tenants/Occupants Commonwealth of Pennsylvania Commonwealth of Pennsylvania Inheritance Tax Office Commonwealth of Pennsylvania Bureau of Individual Tax Inheritance Tax Division Department of Public Welfare TPL Casualty Unit Estate Recovery Program PA Department of Revenue Commonwealth of Pennsylvania Department of Revenue Bureau of Compliance Address 3 Colton Drive Shippensburg, Pennsylvania 17257 Department of Public Welfare Bureau of Child Support Enforcement P.O. Box 2675 Harrisburg, PA 17105 ATTN: Dan Richard 110 North 8's Street Suite #204 Philadelphia, PA 19107 6th Floor, Strawberry Square Department #280601 Harrisburg, PA 17128 Willow Oak Building P.O. Box 8486 Harrisburg, PA 17105-8486 Bureau of Compliance P.O. Box 281230 Harrisburg, PA 17128-1230 Clearance Support Department 281230 Harrisburg, PA 17128-1230 ATTN: Sheriffs Sales United States of America Domestic Relations Cumberland County United States of America United States of America c/o Atty General of the United States United States of America c/o Atty General of the United States 8. Name and address of Attorney of record: Name None Internal Revenue Service Technical Support Group William Green Federal Building Room 3259 600 Arch Street Philadelphia, PA 19106 P.O. Box 320 Carlisle, PA 17013 c/o United States Attorney for the Middle District of PA William J. Nealon Federal Bldg. 235 North Washington Avenue, Ste. 311 Scranton, PA 18503 and Harrisburg Federal Building & Courthouse 228 Walnut Street, Ste. 220 Harrisburg, PA 17108-1754 U.S. Dept of Justice, Room 5111 950 Pennsylvania Avenue NW Washington, DC 20530-0001 U.S. Dept of Justice, Room 4400 950 Pennsylvania Avenue NW Washington, DC 20530-0001 Address I verify that the statements made in this Affidavit are true and correct to the best of my personal knowledge or information and belief. I understand that false statements herein are made subject to the penalties of 18 Pa.C.S. Section 4904 relating to unswom falsification to authorities. December 3, 2010 DATE N J. Mc ARE, ESQUIRE MARC S. BERG, ESQUIRE EDWARD D. CONWAY, ESQUIRE MARGARET GAIRO, ESQUIRE Attorneys for Plaintiff 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 Wells Fargo Bank, N.A. As Trustee For Option One Mortgage Loan Trust 2006-3 Asset-backed Certificates, Series 2006-3 Plaintiff COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Nicole A Herb and David A Herb Defendants DATE: April 5, 2011 TO: ALL PARTIES IN INTEREST AND CLAIMANTS Number 09-7449 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY OWNERS: Nicole A Herb and David A Herb PROPERTY: 3 Colton Drive, Shippensburg, Pennsylvania 17257 IMPROVEMENTS: Residential Dwelling The above-captioned property is scheduled to be sold at the Sheriffs Sale on June 1, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, I Courthouse Square, Carlisle, Pennsylvania 17013. Our records indicate that you may hold a mortgage or judgments and liens on, and/or other interests in the property which will be extinguished by the sale. You may wish to attend the sale to protect your interests. A schedule of distribution will be filed by the Sheriff on a date specified by the Sheriff not later than thirty (30) days after sale. Distribution will be made in accordance with the schedule unless exceptions are filed thereto within ten (10) days after the filing of the schedule. 0 s s 1= S03tlN , :Tr .I .L w a? ~ 0 0 0 0 0 E ° w €_ 0 O U ? ? f03 0U J A W 5 U 000000 U fS? R ? L 3 ?D 9 OO ?Uo r/?•ONO? V o V Vl Q v??ad.a H:g a?CI uZ m ?CD c o <_, CV ?Qo t0 0 pa a Z O o L) 60- N 1 ?- OE (D 1 Ll ? N U- 1 C, ao C'4 j C4 °a •s °a , 0. C tn W) e4 ; C ca ca 6 6 C w r w > > Ca ?,,, ?p C o ci C C C 3 O O lul e4 ?' , y d "' •C i R L y w C r?+ y C C W' h O C V] ..r W vq O 0 L W r `O r p b A .Q p ..., S' C C 'b .r aD ?c, (A A" ,, E ° > _ ? L p. ce ,° d p, tea, w e '? ?a? e ca a ; 30o C w N e '^ a ' w pp e Ly A o u? L1D o p,a w a u C Er v„ oo ,? tiH wit A, a? v1 a o? oCA?i1, C py ?r C °' p C 3 ° O y w N i. Ca 3 V i" e} ?"" 3 w V Qa L 6i O 0 6 W? Or ?? x y? ?" C C A? ? +y+ C C C E O d! 7 A O ?, C O .? C C ?+ N a+ O? C? C O C O S O O O r? O ?, ? ?? y O? C rp y y ?'fl ?"' y •y ?" I.i ? L p L V p O ? L o Ow C o ps cw U r o , ea o cLa F o a r C? cc o a GZ/ Ca aia o o a ca y a y C , a..? a i Fr?tn a i UACQp;xe Va a i Uco? oAx AHa3c:x 00 6 L Q x z C O O OD w 3 •- N M ,n ?p r w O C G? E O d N M .L A N u ? ? j v, v, o 3 ~ v O > R EO . ^ w pq ? ? OV] V ) p OV]?Cp C N G, ti. N H R y C. a) R? R> R b N? R A E C> O v y E? O > y 00 u J Q ° 00 'y, C Y¦1 C> M .L C ai 40 M N a U A N ?: y U y ~ E 7> r CC> w , M 0 E > O E > O Cc r- `"" O L r U 'C ti ' I O G `? G L ?. ? Q N d N p .ti j O O rA 47 y ? V i w p C . y i+ CO t- Q ?+ w R 'A C E N Q y ¢? d w ° C Ga ° a C °- R~ ° ?yV ° 'L- Q a O° D Q ° Q pia E R ?a. s: ^ . a> > 7 y ?- , + = U r. . yy L a> z 3 ?wv, ti_ as N w y ti^ ca w 00 pA U cc w N V y Cad 7 C/1 ? 30.1 d L ?.+ wy? V? ?. O? R GYi '? a? 'C ° ?C M Q C ?' a b w) r. .C +' CO a bD L L +' 1. O >i p Q y rn y L+ O >i + 0 y v, y , R o re o C. p 0 C y u o v? O p Q .y ? , w eq N= a E M GJ R V 0. L p u A y a E ?' ° y o o O R O a C un y C C ?, a a E. ti C R .L E y •L 7.. . . PC L E d Oq y " Q "C z o PC y -0 40 u A a' O Q `o Q `R o a>i a c t 00 z o vi o R v, a 4'v? o R aaoax UxUxd ??F3x oa AUaU ???3N? ?xNx ?d?o 3 ?d?o 3 00 O? O •r .? ? N rr M ?-+ ? ..r Vi ti u u ap W O rri. O va ?w e? o 'o z; ? u o u F OG u u u a W L O d 'fl ? O ? d aF ? 7 ? ,e a - SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny P Inder'son Sheriff Jody S Smith ry ' Chief Deputy ?' Richard W Stewart CU?h h ter„ Solicitor h?NSAYLVh' Wells Fargo Bank, NA vs. Case Number . David Aaron Herb (et al.) 2009-7449 SHERIFF'S RETURN OF SERVICE 03/11/2011 01:26 PM - Deputy Tim Black, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: Nicole Ann Herb at 320 Franklin Street, Carlisle Borough, Carlisle, PA 17013, Cumberland County. 03/15/2011 07:26 PM - Deputy Michael Barrick, being duly sworn according to law, served the requested Real Estate Writ, Notice and Description, in the above titled action, by making known its contents and at the same time personally handing a true copy to a person representing themselves to be the Defendant, to wit: David Aaron Herb at 3 Colton Drive, Southampton Township, Shippensburg, PA 17257, Cumberland County. 03/15/2011 07:26 PM - Deputy Michael Barrick, being duly sworn according to law, states service was performed by posting a true copy of the requested Real Estate Writ, Notice and Description, in the above titled action, upon the property located at 3 Colton Drive, Shippensburg, PA 17257, Cumberland County. Tract 1 & 2 06/01/2011 Ronny R. Anderson, Sheriff, being duly sworn according to law, states that after due and legal notice had been given according to law, he exposed the within described premises at public venue or outcry at the Cumberland County, Courthouse, Carlisle, PA on June 1, 2011 at 10:00 a.m. He sold the same for the sum of $ 1.00 to Wells Fargo Bank, N.A., 3 ADA, Irvine, CA 92618, being the buyer in this execution, paid to the Sheriff the sum of $ SHERIFF COST: $1,672.51 SO ANSWERS, July 07, 2011 RON R ANDERSON, SHERIFF i a? 1k 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 Wells Fargo Bank, N.a. As Trustee For Option One CUMBERLAND COUNTY COURT OF COMMON Mortgage Loan Trust 2006-3 Asset-backed PLEAS Certificates, Series 2006-3 Plaintiff V. Nicole A Herb and David A Herb Defendants NO: 09-7449 Civil Term AFFIDAVIT PURSUANT TO RULE 3129 The undersigned, attorney for Plaintiff in the above action, sets forth the following information concerning the real property located at: 3 Colton Drive; Shippensburg, Pennsylvania 172577. as of the- date the Praecipe for the Writ of Execution was filed. A copy of the description of said property being attached hereto. 1. Name and address of Owners or Reputed Owners Name Address Nicole A Herb 320 Franklin Street Carlisle, Pennsylvania 17013 David A Herb 3 Colton Drive Shippensburg, Pennsylvania 17257 2. Name and address of Defendants in the judgment: Name Address Nicole A Herb 320 Franklin Street Carlisle, Pennsylvania 17013 David A Herb 3 Colton Drive Shippensburg, Pennsylvania 17257 3. Name and last known address of everyjudgment creditor whose judgment is a record lien on the real property to be sold: Name Address Plaintiff herein 11 LEGAL DESCRIPTION All the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Tow`ship, Cumberland County, Pennsylvania, more particularly described as follows: TRACT No 1: BEGINNING at a point at the edge of Colton Drive at corner of Lot A-16 on the hereinafter referred to plan of lots; thence along Lot A-16 on said plan, South 10 degrees 21 minutes 0 seconds East 110 feet to a point at lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 79 degrees 39 minutes 0 seconds West 191.5 feet to a point at the edge of the intersection of Independence Drive and Colton Drive; thence along a curve to the right having a radius of 35 feet, a chord bearing of North 18 degrees 52 minutes 32 seconds East 30.2 feet to a point at the edge of Colton Drive; thence along Colton Drive, North 44 degrees 26 minutes 12 seconds East 105.39 feet to an iron pin; thence still along the edge of Colton Drive on a curve to the right having a radius of 125 feet, a chord bearing of North 62 degrees 2 minutes 36 seconds East 75.62 feet to a point; thence still along the edge of Colton Drive, North 79 degrees 39 minutes 0 seconds East 18.57 feet to a point at the corner of Lot A-16 the place of beginning, containing 14,593 square feet. BEING Lot A-l 7 on subdivision plan prepared toy Carl D. Bert dated April 7, 2003, entitled "Land Subdivision for Rine Estates, Phase IV," and recorded in Cumberland County, Pa., Plan Book 90, Page 124. TRACT No. 2: BEGINNING at a point in the intersection of Independence Drive and Colton Drive at corner of other lands of the Grantor herein; thence along lands now or formerly of the Grantor herein, North 79 degrees 39 minutes 0 seconds East 51.18 feet to an existing iron pin at corner of lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 10 degrees 7 minutes 30 seconds East 150.78 feet to a point at lands now or formerly of Coffey; thence along the edge of independence Drive on a curve to the right having a radius of 40 feet, a chord bearing of North 55 degrees 3 minutes 45 seconds West 56.51 feet to a point at the edge of Independence Drive; thence along Independence Drive, North 10 degrees 7 minutes 30 seconds West 40.68 feet to a point; thence still along Independence Drive on a curve to the left having a radius of 175 feet; and a chord bearing of North 19 degrees 32 minutes 36 seconds West 57.28 feet to a point in the road; thence on a curve to the right having a radius of 35 feet, and a chord bearing of North 17 degrees 49 minutes 25 seconds West 13.52 feet to a point at coiner of other lands of the Grantor here, the place of beginning, containing 6,003 square feet. BEING Lot A-21 on subdivision plan prepared by Carl D. Bert dated June 26, 1998, entitled "Land Subdivision for Rine Estates, Phases I and 11, " and recorded in Cumberland County, Pa, Plan Book 77, Page 64, the above-described two tracts of real estate are part of the same which Richard E. Railing and Dorothy J. Railing, his wife, by deed dated August 11, 1998, recorded in Cumberland County, Pa., Deed Book 183, Page 607, conveyed to J. Gary Bine and Virginia B. Rine and Darrin G. Rine and Loretta L. Rine, the Grantor herein. SUBJECT to the provisions of the declaration.of covenants and restrictions for Rine Estates Subdivision, Phases I and 11, dated October 2, 1998, and recorded in Cumberland County, Pa., Deed Book 590, Page 1071. SUBJECT FURTHER to the conditions, restrictions, notations, and easements as shown on the aforementioned plans of lots as fully as if written out at length herein. RB5678 3 Colton Drive, Shippensburg, Pennsylvania 17257 BEING the same premises which J. GARY RINE AND VIRGINA B. RINE, HIS WIFE, AND DARRIN G. RINE AND LORETTA L. RINE by deed dated August 28, 2006 and recorded December 4, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 277, Page 4122, granted and conveyed to Nicole A Herb and David A Herb, husband and wife, in fee. TAX MAP PARCEL NUMBER: 39-37-2092-144 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 Attorneys for Plaintiff CIVIL ACTION LAW Wells Fargo Bank, N.a. As Trustee For Option One Mortgage Loan Trust 2006-3 Asset-backed Certificates, Series 2006-3 COURT OF COMMON PLEAS CUMBERLAND COUNTY V. Nicole A Herb and David A Herb Number 09-7449 Civil Term NOTICE OF SHERIFF'S SALE OF REAL PROPERTY To: Nicole A. Herb 320 Franklin Street Carlisle, Pennsylvania 17013 David A Herb 3 Colton Drive Shippensburg, Pennsylvania 17257 Your house (real estate) at 3 Colton Drive, Shippensburg, Pennsylvania 17257 is scheduled to be sold at Sheriffs Sale on June 1, 2011 at 10:00 a.m. in the Commissioner's Hearing Room located on the 2nd Floor of the Cumberland County Courthouse, 1 Courthouse Square, Carlisle, Pennsylvania 17013 to enforce the court judgment of $218,053.72 obtained by Wells Fargo Bank, N.a. As Trustee For Option One Mortgage Loan Trust 2006-3 Asset-backed Certificates, Series 2006-3 against you. NOTICE OF OWNER'S RIGHTS YOU MAY BE ABLE TO PREVENT THIS SHERIFF'S SALE To prevent this Sheriffs Sale you must take immediate action: 1. The sale will be canceled if you pay to Wells Fargo Bank, N.a. As Trustee For Option One Mortgage Loan Trust 2006-3 Asset-backed Certificates, Series 2006-3 the back payments, late charges, costs, and reasonable attorney's fees due. To find out how much you must pay, you may call McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to stop the sale by filing a petition asking the Court to strike or open the judgment, if the judgment was improperly entered. You may also ask the Court to postpone the sale for good cause. 3. You may also be able to stop the sale through other legal proceedings. You may need an attorney to assert your rights. The sooner you contact one, the more chance you will have of stopping the sale. (See the following notice on how to obtain an attorney.) r YOU MAY STILL BE ABLE TO SAVE YOUR PROPERTY AND YOU HAVE OTHER RIGHTS EVEN IF THE SHERIFF'S SALE DOES TAKE PLACE 1. If the Sheriffs Sale is not stopped, your property will be sold to the highest bidder. You may find out the price bid by calling McCabe, Weisberg and Conway, P.C., Esquire at (215) 790-1010. 2. You may be able to petition the Court to set aside the sale if the bid price was grossly inadequate compared to the value of your property. 3. The sale will go through only if the buyer pays the Sheriff the full amount due on the sale. To find out if this has happened, you may call McCabe, Weisberg and Conway, P.C. at (215) 790-1010. 4. If the amount due from the buyer is not paid to the Sheriff, you will remain the owner of the property as if the sale never happened. 5. You have a right to remain in the property until the full amount due is paid to the Sheriff and the Sheriff gives a deed to the buyer. At that time, the buyer may bring legal proceedings to evict you. 6. You may be entitled to a share of the money which was paid for your real estate. A schedule of distribution of the money bid for your real estate will be filed by the Sheriff within thirty (30) days of the sale. This schedule will state who will be receiving that money. The money will be paid out in accordance with this schedule unless exceptions (reasons why the proposed schedule of distribution is wrong) are filed with the Sheriff within ten (10) days after the posting of the schedule of distribution. " 7. You may also have other rights and defenses, or ways of getting your real estate back, if you act immediately after.the.sale.. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. LAWYER REFERRAL SERVICE Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 ASSOCIATION DE LICENCIDADOS Cumberland County Bar Association 2 Liberty Avenue Carlisle, Pennsylvania 17013 (800) 990-9108 LEGAL DESCRIPTION r All the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Tovmship, Cumberland County, Pennsylvania, more particularly described as follows: TRACT No 1: BEGINNING at a point at the edge of Colton Drive at comer of Lot A-16 on the hereinafter referred to plan of lots; thence along Lot A-16 on said plan, South 10 degrees 21 minutes 0 seconds East 110 feet to a point at lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 79 degrees 39 minutes 0 seconds West 191.5 feet to a point at the edge of the intersection of Independence Drive and Colton Drive; thence along a curve to the right having a radius of 35 feet, a chord bearing of North 18 degrees 52 minutes 32 seconds East 30.2 feet to a point at the edge of Colton Drive; thence along Colton Drive, North 44 degrees 26 minutes 12 seconds East 105.39 feet to an iron pin; thence still along the edge of Colton Drive on a curve to the right having a radius of 125 feet, a chord bearing of North 62 degrees 2 minutes 36 seconds East 75.62 feet to a point; thence still along the edge of Colton Drive, North 79 degrees 39 minutes 0 seconds East 18.57 feet to a point at the corner of Lot A-16 the place of beginning, containing 14,593 square feet. BEING Lot A-17 on subdivision plan prepared toy Carl D. Bert dated April 7, 2003, entitled "Land Subdivision for Rine Estates, Phase IV," and recorded in Cumberland County, Pa., Plan Book 90, Page 124. TRACT No. 2: BEGINNING at a point in the intersection of Independence Drive and Colton Drive at corner of other lands of the Grantor herein; thence along lands now or formerly of the Grantor herein, North 79 degrees 39 minutes 0 seconds East 51.18 feet to an existing iron pin at comer of lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 10 degrees 7 minutes 30 seconds East 150.78 feet to a point at lands now or formerly of Coffey; thence along the edge of independence Drive on a curve to the right having a radius of 40 feet, a chord bearing of North 55 degrees 3 minutes 45 seconds West 56.51 feet to a point at the edge of Independence Drive; thence along Independence Drive, North 10 degrees 7 minutes 30 seconds West 40.68 feet to a point; thence still along Independence Drive on a curve to the left having a radius of 175 feet, and a chord bearing of North 19 degrees 32 minutes 36 seconds West 57.28 feet to a point in the road; thence on a curve to the right having a radius of 35 feet, and a chord bearing of North 17 degrees 49 minutes 25 seconds West 13.52 feet to a point at comer of other lands of the Grantor here the place. of. beginning, containing 6,003 square feet. BEING Lot A-21 on subdivision plan prepared by Carl D. Bert dated June 26, 1998, entitled "Land Subdivision for Rine Estates, Phases I and II, " and recorded in Cumberland County, Pa, Plan Book 77, Page 64, the above-described two tracts of real estate are part of the same which Richard E. Railing and Dorothy J. Railing, his wife, by deed dated August 11, 1998, recorded in Cumberland County, Pa., Deed Book 183, Page 607, conveyed to J. Gary Bine and Virginia B. Rine and Darrin G. Rine and Loretta L. Rine, the Grantor herein. SUBJECT to the provisions of the declaration of covenants and restrictions for Rine Estates Subdivision, Phases I and II, dated October 2, 1998, and recorded in Cumberland County, Pa., Deed Book 590, Page 1071. SUBJECT FURTHER to the conditions, restrictions, notations, and easements as shown on the aforementioned plans of lots as fully as if written out at length herein. RB5678 3 Colton Drive, Shippensburg, Pennsylvania 17257. BEING the same premises which J. GARY RINE AND VIRGINA B. RINE, HIS WIFE, AND DARRIN G. RINE AND LORETTA L. RINE by deed dated August 28, 2006 and recorded December 4, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 277, Page 4122, granted and conveyed to Nicole A Herb and David A Herb, husband and wife, in fee. TAX MAP PARCEL NUMBER: 39-37-2092-144 WRIT OF EXECUTION and/or ATTACHMENT COMMONWEALTH OF PENNSYLVANIA) COUNTY OF CUMBERLAND) NO 09-7449 Civil CIVIL ACTION - LAW TO THE SHERIFF OF CUMBERLAND COUNTY: To satisfy the debt, interest and costs due WELLS FARGO BANK, N.A. AS TRUSTEE FOR OPTION ONE MORTGAGE LOAN TRUST 2006-3 ASSET-BACKED CERTIFICATES, SERIES 2006-3 Plaintiff (s) From NICOLE A. HERB AND DAVID A. HERB (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; (,) 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 $218,053.72 L. L. Interest FROM 12/22/09 TO 6/01/2011 $18,887.68 AT $35.84 Atty's Comm % Due Prothy S2.00 Arty Paid $1,879.66 Plaintiff Paid Date: 12/15/10 (Seal) REQUESTING PARTY: Name: MARGARET GAIRO Other Costs C David D. Bu 1111, Prothonotary By: Deputy Address: MCCABE, WEISBERG, AND CONWAY 123 S. BROAD STREET, SUITE 2080 PHILADELPHIA, PA 19109 Attornev for: PLAINTIFF Telephone: 215-790-1010 Supreme Court ID No. 34419 TRUE COPY FROM RECORD In Testimony whoreof, ; here unto set my hand and the?seai of said Colt at Carlisle, Pa. This ? day of 20 ??. j - *&_?inthonotary On March ?., 201 1 the Sheriff levied upon the defendant's interest tri me real property situated m Southampton 'Township, Cumberland County, PA, Known and numbered as, 3 Colton Drive, Shippensburg, more fully described on Exhibit "A" filed with this writ and by this reference incorporated herein. Date: March v'. 2(i 1 i X Real Estate Coordinator CUMBERLAND LAW JOURNAL Writ No. 2009-7449 Civil Wells Fargo Bank, NA vs. David Aaron Herb Nicole Ann Herb Atty.: Margaret Gairo All the following described real estate, together with improvements thereon erected, lying and being situ- ate in Southampton Township, Cum- berland County, Pennsylvania, more particularly described as follows: TRACT No 1: BEGINNING at a point at the edge of Colton Drive at corner of Lot A 16 on the hereinafter referred to plan of lots; thence along Lot A 16 on said plan, South 10 de- grees 21 minutes 0 seconds East 110 feet to a point at lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 79 degrees 39 minutes 0 seconds West 191.5 feet to a point at the edge of the intersection of Independence Drive and Colton Drive; thence along a curve to the right having a radius of 35 feet, a chord bearing of North 18 degrees 52 minutes 32 seconds East 30.2 feet to a point at the edge of Colton Drive; thence along Colton Drive, North 44 degrees 26 minutes 12 seconds East 105.39 feet to an iron pin; thence still along the edge of Colton Drive on a curve to the right having a radius of 125 feet, a chord bearing of North 62 degrees 2 minutes 36 seconds East 75.62 feet to a point; thence still along the edge of Colton Drive, North 79 degrees 39 minutes 0 seconds East 18.57 feet to a point at the corner of Lot A 16 the place of beginning, containing 14,593 square feet. BEING Lot A 17 on subdivision plan prepared toy Carl D. Bert dated April 7, 2003, entitled "Land Subdivi- sion for Rine Estates, Phase IV," and recorded in Cumberland County, Pa., Plan Book 90, Page 1.24. TRACT No. 2: BEGINNING at a point in the intersection of Inde- pendence Drive and Colton Drive at corner of other lands of the Grantor herein; thence along lands now or formerly of the Grantor herein, North 79 degrees 39 minutes 0 seconds East 51.18 feet to an existing iron pin at corner of lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 10 degrees 7 minutes 30 seconds East 150.78 feet to a point at lands now or formerly of Coffey; thence along the edge of independence Drive on a curve to the right having a radius of 40 feet, a chord bearing of North 55 degrees 3 minutes 45 seconds West 56.51 feet to a point at the edge of Independence Drive; thence along In- dependence Drive, North 10 degrees 7 minutes 30 seconds West 40.68 feet to a point; thence still along In- dependence Drive on a curve to the left having a radius of 175 feet, and a chord bearing of North 19 degrees 32 minutes 36 seconds West 57.28 feet to a point in the road; thence on a curve to the right having a radius of 35 feet, and a chord bearing of North 17 degrees 49 minutes 25 seconds West 13.52 feet to a point at comer of other lands of the Grantor here, the place of beginning, containing 6,003 square feet. BEING Lot A 21 on subdivision plan prepared by Carl D. Bert dated June 26, 1998, entitled "Land Sub- division for Rine Estates, Phases I and II, " and recorded in Cumberland County, Pa, Plan Book 77, Page 64, the above described two tracts of real estate are part of the same which Richard E. Railing and Doro- thy J. Railing, his wife, by deed dated August 11, 1998, recorded in Cumberland County, Pa., Deed Book 183, Page 607, conveyed to J. Gary Bine and Virginia B. Rine and Dar- rin G. Rine and Loretta L. Rine, the Grantor herein. 32 CUMBERLAND LAW JOURNAL SUBJECT to the provisions of the declaration of covenants and restric- tions for Rine Estates Subdivision, Phases I and II, dated October 2, 1998, and recorded in Cumberland County, Pa., Deed Book 590, Page 1071. SUBJECT FURTHER to the con- ditions, restrictions, notations, and easements as shown on the afore- mentioned plans of lots as fully as if written out at length herein. RB5678 3 Colton Drive, Shippens- burg, Pennsylvania 17257. BEING the same premises which J. GARY RINE AND VIRGINA B. RINE, HIS WIFE, AND DARRIN G. RINE AND LORETTA L. RINE by deed dated August 28, 2006 and recorded December 4, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 277, Page 4122, granted and conveyed to Nicole A Herb and David A Herb, husband and wife, in fee. TAX MAP PARCEL NUMBER: 39 37 2092 144. 33 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 22, April 29, and May 6, 2011 Affiant further deposes that he is authorized to verify this statement by the Cumberland Law Journal, a legal periodical of general circulation, and that he is not interested in the subject matter of the aforesaid notice or advertisement, and that all allegations in the foregoing statements as to time, place and character of publication are true. - --?- I,- ( I - U Lisa Marie Coyne, ditor SWORN TO AND SUBSCRIBED before me this 6 da of Ma 2011 Notary NOTARIAL SEAL DEBORAH A COLLINS Notary Public CARLISLE BOROUGH, CUMBERLAND COUNTY My Commission Expires Apr 23, 2014 The Patriot-News Co. - 2020 Technology Pkwy Suite 300 Mechanicsburg, PA 17050 Inquiries - 717-255-8213 CUMBERLAND CO. SHERIFFS OFFICE CUMBERLAND COUNTY COURT HOUSE Zhe Patr1*otwXews Now you know CARLISLE PA 17013 THE PATRIOT NEWS THE SUNDAY PATRIOT NEWS Proof of Publication Under Act No. 587, Approved May 16, 1929 Commonwealth of Pennsylvania, County of Dauphin} ss Holly Blain, being duly sworn according to law, deposes and says: That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the Commonwealth of Pennsylvania, with its principal office and place of business at 2020 Technology Pkwy, Suite 300, in the Township of Hampden, County of Cumberland, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News newspapers of general circulation, printed and published at 1900 Patriot Drive, in the City, County and State aforesaid; that The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and all have been continuously published ever since; That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular daily and/or Sunday/ Community Weekly editions which appeared on the date(s) indicated below. That neither she nor said Company is interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time, place and character of publication are true; and That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a 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: 04/22/11 04/29/11 1 05/06/11 Sworn to and/subscribed before this 23 day of May, 2011 A.D. i Notary Public COMMONWEALTH pF PENNSYLV,c ;6 Sherri NaralJ'Sbl ___. Lower r Notary ?'uuiic i Co" axtnn D DftPhln County My Member, Pen fires Nov. 26, 201 sylvanla Association of Netanc< 2009.7440 Civil Term Wells Fargo Bank, NA Vs David Aaron Herb Nicole Ann Herb Atty: Margaret Gairo All the following described real estate, together with improvements thereon erected, lying and being situate in Southampton Township, Cumberland Comity, Pennsylvania. more particularly described as follows: TRACT No l: BE(ANNING at a point at the edge of Coltj,%%-Drive at comer of Lot A 16 on the hereinafter referred to plan of lots; thence . along Lot A 16 on said plan, South 10 degrees 21 minutes 0 seconds East 110 feet to a point at lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 79 degrees 39 minutes 0 seconds West 1915 feet to a point at the edge of the intersection of Independence Drive and Colton Drive; thence along a curve to the right having a radius of 35 feet, a chord bearing of North 18 degrees 52 minutes 32 seconds East 30.2 feet to a point at the edge of Colton Drive; thence along Colton Drive, North 44 degrees 26 minutes 12 seconds East 105.39 feet to an iron pin; thence still along the edge of Colton Drive on a curve to the right having a radius of 125 feet, a chord bearing of North 62 degrees 2 minutes 36 seconds East 75.62 feet to apoint; thence still along the edge of Colton Drive, North 79 degrees 39 minutes 0 seconds East 18.57 feet to a point at the comer of Lot A 16 the place of beginning, containing 14,593 square feet. BEING Lot A 17 on subdivision plan prepared toy Carl D. Bert dated April 7, 2003, entitled "Land Subdivision for Rine Estates, Phase IV" and recorded in Cumberland County, Pa., Plan Book 90, Page 124. TRACT No. 2: BEGINNING at a point in the intersection of Independence Drive and Colton Drive at comer of other lands of the Grantor herein; thence along lands now or formerly of the Grantor herein North 79 degrees 39 minutes 0 seconds East 51.18 feet to an existing iron pin at comer of lands now or formerly of Donald E. Coffey; thence along lands now or formerly of Coffey, South 10 degrees 7 minutes 30 seconds East 150.78 feet to a point at lands n?Tu or formerly of Coffey: thence alone cdge oi' mdepen;nce Drive on a curve to the right having a radius of 40 feet, a chord bearing of North 55 degrees 3 minutes 45 seconds West 56.51 feet to a point at the Age of Independence Drive; thence along independence Drive, North 10 degrees 7 minutes 30 seconds West 40.68 feet to a point; thence still along Independence Drive on a curve to the left having a radius of 175 feet, and a chord bearing of North 19 degrees 32 minutes 36 seconds West 57.28 feet to a point in the road; thence on a curve to the right having a radius of 35 feet, and a chord bearing of North 17 degrees 49 minutes 25 seconds West 13.52 feet to a point at comer of other lands of the Grantor here, the place of beginning, containing 6,003 square feet. BEING Lot A 21 on subdivision plan prepared by Carl D. Bert dated June 26, 1998, entitled "Land Subdivision for Rine Estates, Phases I and 11, ., and recorded in Cumberland County, Pa, Plan Book 77, Page 64, the above described two tracts of real estate are part of the same which Richard E. Railing and Dorothy J. Railing, his wife, by deed dated August 11, 1998, recorded in Cumberland County, Pa, Deed Book 183, Page 607, conveyed to J. Gary Bine and Virginia B. Rine and Damn G. Rine and Loretta L. Rine, the Grantor herein. SUBJECT to the provisions of the declaration of covenants and restrictions for Rine Estates Subdivision, Phases I and 11, dated October 2, 1998, and recorded in Cumberland County, Pa., Deed Book 590, Page 1071. SUBJECT FURTHER to the conditions, restrictions, notations, and easements as shown on the aforementioned plans of lots as fully as. if written out at length herein. RB5678 3 Colton Drive, Shippensburg, Pennsylvania 17257. BEING the same.' `premises which J. GARY RINE AND VIRGINA B. RINE, HIS WIFE, AND DARRIN G. RINE AND LORETTA L. RINE by deed dated August 28, 2006 and recorded December 4, 2006 in the office of the Recorder in and for Cumberland County in Deed Book 277, Page' 4122, granted and conveyed to Nicole A Herb and David A Herb, husband and wife, in fee. TAX MAP PARCEL NUMBER: 39 37 2092 144 COMMONWEALTH OF PENNSYLVANIA COUNTY OF CUMBERLAND I 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 One Mortgagee Loan Trust 2006-3 is the grantee the same having been sold to said grantee on the 1 day of June A.D., 202011, under and by virtue of a writ Execution issued on the 15 day of December, A.D., 202010, out of the Court of Common Pleas of said County as of Civil Term, 2009 Number 7449, at the suit of Option One Mortgage Loan Trust 2006-3 against Nicole A. Herb and David A. Herb is duly recorded as Instrument Number 201119109. IN TESTIMONY WHEREOF, I have hereunto set my hand and seal of said office this C? day of A.D. zL_ jt---order of Deeds Recorder of Deeds, CumberlarM County, Carlisle, PA My Commission Expires the Frst Monday of Jan. 2014