HomeMy WebLinkAbout09-8527.A
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
L,, f RGARET GAIRO, ESQUIRE - ID # 34419
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
The Bank of New York Mellon flea The Bank
of New York as Trustee for the
Certificateholders CWALT, Inc. Alternative
Loan Trust 2006-HY 13, Mortgage
Pass-Through Certificates, Series 2006-HY13
1800 Tapo Canyon Road
Mail Stop #SV-103
Simi Valley, California 93063
V.
Michael A Sola
1612 Fox Hollow Rd
Mechanicsburg, Pennsylvania 17055
and
Ann Marie Sola
1612 Fox Hollow Rd
Mechanicsburg, Pennsylvania 17055
Attorneys for Plaintiff
Cumberland County
Court of Common Pleas
Number (?q - 85c2`1 1??V1??L°?C11
CIVIL ACTIONIMORTGAGE 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 The Bank of New York Mellon fka The Bank of New York as Trustee for the
Certificateholders CWALT, Inc. Alternative Loan Trust 2006-HY13, Mortgage Pass-Through Certificates,
Series 2006-HY13, a corporation duly organized and doing business at the above captioned address.
The Defendant is Michael A Sola, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is 1612 Fox Hollow Rd, Mechanicsburg,
Pennsylvania 17055.
The Defendant is Ann Marie Sola, who is the mortgagor and real owner of the mortgaged
property hereinafter described, and his/her last-known address is 1612 Fox Hollow Rd, Mechanicsburg,
Pennsylvania 17055.
4. On November 15, 2006, mortgagors made, executed and delivered a mortgage upon the
premises hereinafter described to Mortgage Electronic Registration Systems, Inc. as nominee for First
Residential Mortgage Network, Inc dba SurePoint Lending which mortgage is recorded in the Office of the
Recorder of Cumberland County in Mortgage Book 1973, Page 4256.
On May 5, 2009, the aforesaid mortgage was thereafter assigned by Mortgage Electronic
Registration Systems, Inc. as nominee for First Residential Mortgage Network, Inc dba SurePoint Lending
to Bank ofNew York as Trustee for the Certificateholders CWALT, Inc. Alternative Loan Trust 2006-HY 13,
Mortgage Pass-Through Certificates, Series 2006-HY 13, by Assignment of Mortgage, recorded in the Office
of the Recorder of Cumberland County in Assignment of Mortgage Instrument #200914317.
The premises subject to said mortgage is described in the mortgage attached as Exhibit "A"
and is known as 1612 Fox Hollow Road, Mechanicsburg, Pennsylvania 17055.
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.
The following amounts are due on the mortgage:
Principal Balance
Interest through December 2, 2009
(Plus $108.86 per diem thereafter)
Attorney's Fee
Late Charges
Corporate Advance
Escrow Advance
$ 559,836.67
$ 23,404.90
$ 1,250.00
$ 979.74
$ 400.00
1In 10
URfllVL 1 U I AL
$ 587,991.60
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 in rem Judgment against the Defendant in the sum of $587,991.60,
together with interest at the rate of $108.86 per diem and other costs and charges collectible under the
mortgage and for the foreclosure and sale of the mortgaged property.
McCABE, WEISBERG AND CONWAY,P.C.
BY: A-op
Attorneys for Maintiff
TERRENCE J. McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
VERIFICATION
The undersigned attorney hereby certifies that he/she is the Attorney for the Plaintiff in the
within action, and that he/she is authorized to make this verification and that the foregoing facts based on
the information from the Plaintiff, who is not available to sign this, are true and correct to the best of
his/her knowledge, information and belief and further states that false statements herein are made subject
to the penalties of 18 PA.C.S. §4904 relating to unsworn falsification to authorities.
McCABE, WEISBERG AND CONWAY,P.C.
BY:
Attorneys for aintiff
TERRENCE . McCABE, ESQUIRE
MARC S. WEISBERG, ESQUIRE
EDWARD D. CONWAY, ESQUIRE
MARGARET GAIRO, ESQUIRE
w
I 1? 6 4 -`213 7c
POBERT R. ZiE"LER
PE-00'RDER OF DEE'a
s
?006 NOU 22 Pal 12 08
Prepared By. Bryce Malone Fast Residential Mortgage Network, Inc. 0 ?l00
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9500 0 372
RMSBY STATION ROAD -?-?? U2 001 001
LOUISVILLE, KENTUCKY 40223
Whe a ded Rct
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rn o: yy?ea recorded mail to•
First enitai M gage Ne k, Inc d/b/a SarePoint `_?
L Real W* 06 So tes LLC
950 O by S on oad 9300 Omm Station Road ide 200
L U1SVI E C 4022 fAUisvwi?e 40213
Attn.: SHIPPING DEP ./DOC.CONTROL T9315-1670
Parcel Number. / - // 7
Premises: 1612 FOX} HOLLOW RD, MECHANICSBURG, PENNSYLVANIA 17055
(Space Above This Line For Recording Data)
MORTGAGE
DEFINITIONS MIN 1002756-0010148603-6
MERS TELEPHONE: (888) 679-6377
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11,
13, 18, 20 and 21. Certain rules regarding the usago of words used in this document are also provided in Section 16.
(A) "Security Instrument" means this document, which is dated November 15, 2006, together with all Riders to
this document.
(R) "'Borrower" is Michael A Sola and Ann Marie Sola. Borrower is the mortgagor under this Security
Insmtment.
(C) "MERS" is Mortgage Electronic Registration Systems, Inc. MFRS is a separate corporation that is acting solely
as a nominee for Lender and Lender's successors and assigns. MERS is the mortgagee under this Security
Instrument. MERS is organized and existing under the laws of Delaware, and has an address and telephone
number of P.O. Box 2026, Flint MI 48501-2026, tel. (888) 679-MERS.
(D) "Lender" is First Residential Mortgage Network, Inc d/b/a SurePoint Lending. Lender is a corporation
organized and existing under the laws of the State of KENTUCKY. Lender's address is 9500 Ormsby Station
Road, LOUISVILLE, KENTUCKY 40223.
(E) "Note" means the promissory note signed by Borrower and dated November 15, 2006. The Note states that
Borrower owes Lender Five Hundred Sixty Thousand And 00/100 Dollars (U.S. $560,000.00) plus interest.
Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than
December 1, 2036.
(F) "Property" means the property that is described below under the heading "Transfer of Rights in the Property."
(G) "Loan" means the debt evidenced by the Note, plus interest, any prepayment charges and late charges due
under the Note, and all sums due under this Security Instrument, plus interest.
PENNSYLVANIA - Single Family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT 1VITH MERS Fnrm 30391/01
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BKI973PG4256
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(H) "Riders" means all Riders to this Security Instrument that are executed by Borrower. The following Riders are
to be executed by Borrower [check box as applicable]:
[X] Adjustable Rate Rider [ ] Planned Unit j J Second Home Rider
[ ] Balloon Rider Development Rider [ ] 1-4 Family Rider
[ ] VA Rider [ ] Biweekly Payment Rider j J Other(s) [specify]
[ ] Condominium Rider
(1) "Applicable Law" means all controlling applicable federal, state and local statutes, regulations, ordinances and
administrative rules and orders (that have the effect of law) as well as all applicable final, non-appealable judicial
opinions.
Q) "Community Association Dues, Fees, and Assessments" means all dues, fees, assessments and other charges
that arc imposed on Borrower or the Property by a condominium association, homeowners association or similar
organization.
(K) "Electronic Funds Transfer" means any transfer of funds, other than a transaction originated by check, draft,
or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or
magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term
includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by
telephone, wire transfers, and automated clearinghouse transfers.
(L) "Escrow Items" means those items that are described in Section 3.
(M) "Miscellaneous Proceeds" means any compensation, settlement, award of damages, or proceeds paid by any
third party (other than insurance proceeds paid under the coverages described in Section 5) for. (i) damage to, or
destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in
lieu of condemnation; or (iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(N) "Mortgage Insurance" means insurance protecting Lender against the nonpayment of, or default on, the Loan.
(O) "Periodic Payment" means the regularly scheduled amount due for (i) principal and interest under the Note,
plus (ii) any amounts under Section 3 of this Security Instrument.
(P) "RESPA" means the Real Estate Settlement Procedures Act (12 U.S.C. Section 2601 et seq.) and its
implementing regulation, Regulation X (24 C.F.R. Part 3500), as they might be amended from time to time, or any
additional or successor legislation or regulation that governs the same subject matter. As used in this Security
Instrument, "RESPA" refers to all requirements and restrictions that are imposed in regard to a "federally related
mortgage loan" even if the Loan does not qualify as a "federally related mortgage loan" under RESPA.
(Q) "Successor in Interest of Borrower" means any party that has taken title to the Property, whether or not that
party has assumed Borrower's obligations under the Note and/or this Security Instrument.
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and
modifications of the Note; and (ii) the performance of Borrower's covenants and agreements under this Security
Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to MERS (solely as
nominee for Lender and Lender's successors and assigns) and to the successors and assigns of MERS, the following
described property located in the County [Type of Recording Jurisdiction] of CUMBERLAND [Name of Recording
Jurisdiction]:
BKI973PG4257
SEE EXIHBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
which currently has the address of 1612 FOX HOLLOW RD [Street]
M EIANICSBURG [City], Pennsylvania 17055 [Zip Code] ("Property Address'7:
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements,
appurtenances, and fixtures now or hereafter a part of the property. All replacements and additions shall also be
covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the "Property."
Borrower understands and agrees that MERS holds only legal title to the interests granted by Borrower in this
Security Instrument, but, if necessary to comply with law or custom, MERS (as nominee for Lender and Lender's
successors and assigns) has the right: to exercise any or all of those interests, including, but-not limited to, the right
to foreclose and sell the Property; and to take any action required of Lender including, but not limited to, releasing
and canceling this Security Instrument
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the
right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of
record Borrower warrants and will defend generally the title to the Property against all claims and demands, subject
to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform
covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1. Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower
shall pay when due the principal of, and interest on, the debt evidenced by the Note and any prepayment charges and
late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments
due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other
instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid,
Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in
one or more of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank
check, treasurer's check or cashier's check, provided any such check is drawn upon an institution whose deposits are
insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such
other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may
return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current.
PENNSYLVANIA - SWo Family - Fannie Mae/Freddie Mae UNIFORM INSTRUMENT WITH HERS Form 303,01101
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BKI973PG4258
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Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any
rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not
obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of
its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied
fiords until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable
period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds
will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or
claim which Borrower might have now or in the future against Lender shall relieve Borrower from narking payments
due under the Note and this Security Instrument or performing the covenants and agreements secured by this
Security Instrument.
2. Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments
accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note;
(b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic
Payment in the order in which it became due. Any retraining amounts shall be applied first to late charges, second
to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient
amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If
more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the
repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that
any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess
may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and
then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the
Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3. Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic Payments are due under
the Note, until the Note is paid in full, a sum (the "Funds'l to provide for payment of amounts due far: (a) taxes and
assessments and other items which can attain priority over this Security Instrument as a Ben or encumbrance on the
Property; (b) leasehold payments or ground rents on the Property, if any; (c) premiums for any and all insurance
required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums payable by
Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of
Section 10. These items are called "Escrow Items." At origination or at any time during the term of the Loan,
Lender may require that Community Association Dues, Fees, and Assessments, if any, be escrowed by Borrower,
and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices
of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items unless Lender
waives Borrower's obligation to pay the Funds for arty or all Escrow Items. Lender may waive Borrower's
obligation to pay to Lender Funds for any or all Escrow Items at any time. Any such waiver may only be in writing.
in the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow
Items for which payment of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender
receipts evidencing such payment within such time period as Lender may require. Borrower's obligation to make
such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in
this Security Instrument, as the phrase "covenant and agreement" is used in Section 9. If Borrower is obligated to
pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item,
Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under
Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any
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time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all
Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the
Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under
RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of
expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, hlstrumentality, or
entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan
Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender
shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying
the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make
such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds,
Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree
in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an
annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower
for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under
RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount
necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is
a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by
RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with
RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to
Borrower any Funds held by Lender.
4. Charges; Liens. Borrower shall pay all taxes, assessments, charges, flues, and impositions attributable
to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the
Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items
are Escrow Items, Borrower shall pay them in the mariner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless
Borrower. (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to
J-endgr, but only so long as Borrower is performing such agreement; (b) contests the lien in good faith by, or
dclbnds against enforcement of the lien in, legal proceedings which in Lender's opinion operate to prevent the
enforcement of the Gen while those proceedings are pending, but only until such proceedings are concluded; or (c)
secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security
Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this
Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which
that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting
service used by Lender in connection with this Loan.
5. Property Insurance. Borrower shall keep the improvements now existing or hereafter erected on the
Property insured against loss by fire, hazards included within the term "extended coverage," and any other hazards
including, but not limited to, earthquakes and floods, for which Lender requires insurance. This insurance shall be
maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender
PENNSYLVANIA - Single Family - Fannie MaelFroddle Mac UNIFORM INSTRUMENT WITH MERS Form 3032 Ol
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requires pursuant to the preceding sentences can change during the term of the Loan. The insurance carrier
providing the insurance shall be chosen by Borrower subject to Lender's right to disapprove Borrower's choice,
which right shall not be exercised unreasonably. Lender may require Borrower to pay, in connection with this Loan,
either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time
charge for flood zone determination and certification services and subsequent charges ouch time remappings or
similar changes occur which reasonably might affect such determination or certification. Borrower shall also be
responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with
the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage,
at Lender's option and Borrower's expense. Lender is under no obligation to purchase any particular type or amount
of coverage. Therefore, such coverage shall cover Lender, but might or might not protect Borrower, Borrower's
equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater
or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so
obtained might significantly exceed the cost of insurance That Borrower could have obtained. Any amounts
disbursed by Lender under this Section 5 shall become additional debt of Borrower secured by this Security
Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable,
with such interest, upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender's right to
disapprove such policies, shall include a standard mortgage clause, and shall name Lender as mortgagee and/or as an
additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires,
Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any
form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such
policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss
payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may
make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any
insurance proceeds, whether or not the underlying insurance was required by Lender, shall be applied to restoration
or repair of the Property, if the restoration or repair is economically feasible and Lender's security is not lessened.
During such repair and restoration period, Lender shall have the right to hold such insurance proceeds until Lender
has had an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction,
provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and
restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is
made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be
required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third parties,
retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If
the restoration or repair is not economically feasible or Lender's security would be lessened, the insurance proceeds
shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any,
paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and
related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has
offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the
notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby
assigns to Lender (a) Borrower's rights to any insurance proceeds in an amount not to exceed the amounts unpaid
under the Note or this Security Instrument, and (b) any other of Borrower's rights (other than the right to any refund
PENNMVANIA - Single Family - Fannie Mae/Freddle Mae UNIFORM INSTRUMENT WITH MM- S Form 30 9 1
VW-6A(PA) (0508).01 Page 6 of 15
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of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights
are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the
Property or to pay amounts unpaid under the Note or this Security Instrument, whether or not then due.
6. Occupancy. Borrower shall occupy, establish, and use the Property as Borrower's principal residence
within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as
Borrower's principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in
writing, which consent shall not be unreasonably withheld, or unless extenuating circumstances exist which are
beyond Borrower's control.
7. Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy,
damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not
Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from
deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or
restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further
deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the
taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has
released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single
payment or in a series of progress payments as the work is completed. If the insurance or condemnation proceeds
are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower's obligation for the
completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable
cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at
the time of or prior to such an interior inspection specifying such reasonable cause.
8. Borrower's Loan Application, Borrower shall be in default if, during the Loan application process,
11 Borrower or any persons or entities acting at the direction of Borrower or with Borrower's knowledge or consent
gave materially false, misleading, or inaccurate hnforination or statements to Lender (or failed to provide Lender
with material information) in connection with the Loan. Material representations include, but are not limited to,
representations conceming Borrower's occupancy of the Property as Borrower's principal residence.
9. Protection of Lender's Interest in the Property and Rights Under this Security Instrument. If (a)
Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal
proceeding that might significantly affect Lender's interest in the Property and/or rights under this Security
Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien
which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has
abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender's
interest in the Property and rights under this Security Instrument, including protecting and/or assessing the value of
the Property, and securing and/or repairing the Property. Lender's actions can include, but are not limited to: (a)
paying any sums secured by a lien which has priority over this Security Instrument; (b) appearing in court; and (c)
paying reasonable attorneys' fees to protect its interest in the Property and/or rights under this Security Instrument,
including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to,
entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes,
eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although
Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation
to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9.
PRMSYLVANIA -Single Famliy - FannieMaclBreddle Mae UNIFORM INSTRUMENT WITH MERS Form 3P39 1101
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Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured
by this Security Instrument. These amounts shall bear interest at the Note rate fi-om the date of disbursement and
shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold. Borrower shall comply with all the provisions of the lease. If
Borrower acquires The title to the Property, the Ieasehold and the fee title shall not merge unless Lender agrees to the
merger in writing.
10. Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan,
Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the
Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously
provided such insurance and Borrower was required to make separately designated payments toward the premiums
for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the
Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage
Insurance previously in offect, from an alternate mortgage insurer selected by Lender. If substantially equivalent
Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately
designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and
retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be
non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to
pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if
Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected
by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the
premiums for'Mortgage Insurance. If tender required Mortgage Insurance as a condition of making the Loan and
Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance,
Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable
loss reserve, until Lender's requirement for Mortgage Insurance ends in accordance with any written agreement
between Borrower and Lender providing for such termination or until termination is required by Applicable Law.
Nothing in this Section 10 affects Borrower's obligation to pay interest at the rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may
incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter
into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms
and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements.
These agreements may require the mortgage insurer to mako payments using any source of funds that the mortgage
insurer may have available (which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements. Lender, any purchaser of the Note, another insurer, any reinsures, any other
entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or
might be characterized as) a portion of Borrower's payments for Mortgage Insurance, in exchange for sharing or
modifying the mortgage insurer's risk, or reducing losses. If such agreement provides that an affiliate of Lender
takes a share of the insurer's risk in exchange for a share of the premiums paid to the insurer, the arrangement is
often termed "captive reinsurance." Further:
(a) Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage
Insurance, or any other terms of the Loan. Such agreements will not increase tine amount Borrower will owe
for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b) Any such agreements will not affect the rights Borrower has - if any - with respect to the
Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may
PENNSnVANIA - Single Family - Fannie Mne/Freddie Mac UNIFORM INSTRUMENT \VITH MFRS Form 3 391101
VMMA(PA) (0508).01 Page 8 of 15
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f , , a
include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance,
to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage
Insurance premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds are hereby assigned
to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the
Property, if the restoration or repair is economically feasible and Lender's security is not lessened. During such
repair and restoration period, Lender shall have the right to hold such Miscellaneous Proceeds until Lender has had
an opportunity to inspect such Property to ensure the work has been completed to Lender's satisfaction, provided
that such inspection shall be undertaken promptly. Lender may pay for the repairs and restoration in a single
disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing
or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender shall not be required to pay
Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically
feasible or Lender's security would be lessened, the Miscellaneous Proceeds shall be applied to the sums secured by
this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous
Proceeds shall be applied in the order provided for in Section 2.
In the-event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall
be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to
Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of
the Property immediately before the partial taking, destruction, or loss In value is equal to or greater than the amount
of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value,
unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be
reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of
the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market
value of the Property Immediately before the partial taking, destruction, or loss in value. Any balance shall be paid
to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of
the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums
secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise
agree in writing, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument
whether or not the sums aro then due.
If the Property is abandoned by Borrower, or if, after notice by Lender to Borrower that the Opposing Party
(as defined in the next sentence) offers to make an award to settle a claim for damages, Borrower fails to respond to
Lender within 30 days after the date the notice is given, Lender is authorized to collect and apply the Miscellaneous
11p9ogeds either to restoration or repair of the Property or to tho sums secured by this Security Instrument, whether or
not then due. "Opposing Party" means the third party that owes Borrower Miscellaneous Proceeds or the party
against whom Borrower has a right of action in regard to Miscellaneous Proceeds.
Borrower shall be in default if any action or proceeding, whether civil or criminal, is begun that, in
Lender's judgment, could result in forfeiture of the Property or other material impairment of Lender's interest in the
Property or rights under this Security Instrument. Borrower can cure such a default and, if acceleration has
occurred, reinstate as provided in Section 19, by causing the action or proceeding to be dismissed with a ruling that,
in Lender's judgment, precludes forfeiture of the Property or other material impairment of Lender's interest in the
PENNSYLVANIA - Single Fwnfly - Fannie Mae/Freddie Mac UNIFORM INSTRUMENT 1WM MFRS Form 30 91 2
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"MI973PG426.4
r
Property or rights under this Security Instrument. The proceeds of any award or claim for damages that are
attributable to the impairment of Lender's interest in the Property are hereby assigned and shall be paid to Lender.
All Miscellaneous Proceeds that are not applied to restoration or repair of the Property shall be applied in
the order provided for in Section 2.
12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment
or modification of amortization of the sums secured by this Security Instrument granted by Lender to Borrower or
any Successor in Interest of Borrower shall not operate to release the liability of Borrower or any Successors in
Interest of Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of
Borrower or to refuse to extend time for payment or otherwise modify amortization of the sums secured by this
Security Instrument by reason of any demand made by the original Borrower or any Successors in Interest of
Borrower. Any forbearance by Lender in exercising any right or remedy including, without limitation, Lender's
acceptance of payments from third persons, entities or Successors in Interest of Borrower or in amounts less than the
amount then due, shall not be a waiver of or preclude the exercise of any right or remedy.
13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and
agrees that Borrower's obligations and liability shall be joint and several. However, any Borrower who co-signs this
Security Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to
mortgage, grant and convey the co-signer's interest in the Property under the tents of this Security Instrument; (b) is
not personally obligated to pay the sums secured by this Security Instrument; and (c) agrees that Lender and any
other Borrower can agree to extend, modify, forbear or make any accommodations with regard to the terns of this
Security Instrument or the Note without the co-signer's consent.
Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower's
obligations under this Security Instrument in writing, and is approved by Lender, shall obtain all of Borrower's
rights and benefits under this Security Instrument. Borrower shall not be released from Borrower's obligations and
liability under this Security Instrument unless Lender agrees to such release in writing. The covenants and
agreements of this Security Instrument shall bind (except as provided in Section 20) and benefit the successors and
assigns of Lender.
14. Loan Charges. Lender may charge Borrower fees for services performed in connection with
Borrower's default, for the purpose of protecting Lender's interest in the Property and rights under this Security
Instrument, including, but not limited to, attorneys' fees, property inspection and valuation fees. In regard to any
other fees, the absence of express authority in this Security Instrument to charge a specific fee to Borrower shall not
be construed as a prohibition on the charging of such fee. Lender may not charge fees that are expressly prohibited
bytbisi Security Instrument or by Applicable Law.
If the Loan is subject to a law which sets maximum loan charges, and'that law is finally interpreted so that
the interest or other loan charges collected or to be collected in connection with the Loan• exceed the permitted
limits, then: (a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted
limit; and (b) any sums already collected from Borrower which exceeded permitted limits will be refunded to
Borrower. Lender may choose to make this refund by reducing the principal owed under the Note or by malting a
direct payment to Borrower. If a refund reduces principal, the reduction will be treated as a partial prepayment
without any prepayment charge (whether or not a prepayment charge is provided for under the Note). Borrower's
acceptance of any such refund made by direct payment to Borrower will constitute a waiver of any right of action
Borrower might have arising out of such overcharge.
15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be
in writing. Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given
to Borrower when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other
PENNSYLVANIA - Single Family - Fannie MadFreddle Mae UNIFORM INSTRUMENT WITH HERS Form 303911 1
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BKI973PG4265
means. Notice to any one Borrower shall constitute notice to all Borrowers unless Applicable Law expressly
requires otherwise. The notice address shall be the Property Address unless Borrower has designated a substitute
notice address by notice to Lander. Borrower shall promptly notify Lender of Borrower's change of address, If
Lender specifies a procedure for reporting Borrower's change of address, then Borrower shall only report a change
of address through that specified procedure. Thera may be only one designated notice address under this Security
Instrument at any one time. Any notice to Lender shall be given by delivering it or by mailing it by first class mail
to Lender's address stated herein unless Lender has designated another address by notice to Borrower. Any notice
in connection with this Security Instrument shall not be deemed to have been given to Lender until actually received
by Lender. If any notice required by this Security Instrument is also required under Applicable Law, the Applicable
Law requirement will satisfy the corresponding requirement under this Security Inshvinen t,
16. Governing Law; Severability; Rules of Construction. This Security Instrument shall be governed
by federal law and the law of the jurisdiction in which the Property is located. All rights and obligations contained
in this Security Instrument are subject to any requirements and limitations of Applicable Law. Applicable Law
might explicitly or implicitly allow the parties to agree by contract or it might be silent, but such silepoe shall not be
construed as a prohibition against agreement by contract. In the event that any provision or clause of this Security
Instrument or the Note conflicts with Applicable Law, such conflict shall not affect other provisions of this Security
Instrument or the Note which can be given effect without the conflicting provision.
As used in this Security Instrument: (a) words of the masculine gender shall mean and include
corresponding neuter words or words of the feminine gender, (b) words in the singular shall mean and include the
plural and vice versa; and (c) the word "may" gives sole discretion without any obligation to take any action.
17. Borrower's Copy. Borrower shall be given one copy of the Note and of this Security Instrument.
1& Transfer of the Property or a Beneficial Interest in Borrower. As used in this Section 18, "Interest
in the Property" means any legal or beneficial intorest in the Property, including, but not limited to, those beneficial
interests transferred in a bond for deed, contract for deed, installment sales contract or escrow agreement, the intent
of which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred (or if Borrower is not a
natgfal person and a beneficial interest in Borrower is sold or transferred) without Lender's prior writton consent,
Lender may require immediate payment in full of all stuns secured by this Security Instrument. However, this
option shall not be exercised by Lender if such exercise is prohibited by Applicable Law,
If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide
a period of not less than 30 days from the date the notice is given in accordance with Section 15 within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay those sums prior to the
expiration of this period, Lender may invoke any remedies permitted by this Security Instrument without further
notice or demand on Borrower.
19. Borrower's Right to Reinstate After Acceleration. If Borrower meets certain conditions, Borrower
shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of.
(a) five days before sale of the Property pursuant to any power of sale contained in this Security Instrument; (b) such
other period as Applicable Law might specify for the termination of Borrower's right to reinstate; or (c) entry of a
judgment enforcing this Security Instrument. Those. conditions are that Borrower. (a) pays Lender all sums which
then would be due under this Security Instrument and the Note as if no acceleration had occurred; (b) cures any
default of any other covenants or agreements; (c) pays all expenses incurred in enforcing this Security Instrument,
including, but not limited to, reasonable attorneys' fees, property inspection and valuation fees, and other fees
incurred for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument; and
(d) takes such action as Lender may reasonably require to assure Utat Lender's interest in the Property and rights
PENNSYLVANIA -Single Family - Fannie MadFreddie Mac UNIFORM INSTRUMENT WITH MFRS Form 30;9 1LO1
VMP-"(PA) (0508).01 Page 11 of 15
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BK 1973PG4266
under this Security Instrument, and Borrower's obligation to pay the sums secured by this Security Instrument, shall
continue unchanged. Lender may require that Borrower pay such reinstatement sums and expenses in one or more
of the following forms, as selected by Lender: (a) cash; (b) money order; (c) certified check, bank check, treasurer's
check or cashier's check, provided any such check is drawn upon an institution whose deposits are insured by a
federal agency, instrumentality or entity; or (d) Electronic Funds Transfer. Upon reinstatement by Borrower, this
Security Instrument and obligations secured hereby shall remain fully effective as if no acceleration had occurred.
However, this right to reinstate shall not apply in the case of acceleration under Section 18.
20. Sale of Note; Change of Loan Servicer; Notice of Grievance. The Note or a partial interest in the
Note (together with this Security Instrument) can be sold one or more times without prior notice to Borrower. A
sale might result in a change in the entity (known as the "Loan Serviooej that collects Periodic Payments due under
the Note and this Security Instrument and performs other mortgage loan servicing obligations under the Note, this.
Security Instrument, and Applicable Law. There also might be one or more changes of the Loan Servicer unrelated
to a sale of the Note. If there is a change of the Loan Serviax, Borrower will be given written notice of the change
which will state the name and address of the new Loan Servicer, the address to which payments should be made and
any other information RESPA requires in connection with a notice of transfer of servicing. If the Note is sold and
thereafter the Loan is serviced by a Loan Servicer other than the purchaser of the Note, the mortgage loan servicing
obligations to Borrower will remain with the Loan Servicer or be transferred to a successor Loan Servicer and are
not assumed by the Note purchaser unless otherwise provided by the Note purchaser.
Neither Borrower nor Lender may commence, join, or be joined to any judicial action (as either an
individual litigant or the member of a class) that arises from the other party's actions pursuant to this Security
Instrument or that alleges that the other party has breached any provision of, or any duty owed by reason of, this
Security Instrument, until such Borrower or Lender has notified the other party (with such notice given in
conTliance with the requirements of Section 15) of such alleged breach and afforded the other party hereto a
reasonable period after the giving of such notice to take corrective action. If Applicable Law provides a time period
which must elapse before certain action can be taken, that time period will be deemed to be reasonable for purposes
of this paragraph. The notice of acceleration and opportunity to cure given to Borrower pursuant to Section 22 and
the notice of acceleration given to Borrower pursuant to Section 18 shall be deemed to satisfy the notice and
opportunity to take corrective action provisions of this Section 20.
21. Hazardous Substances. As used in this Section 21: (a) "Hazardous Substances" are those substances
deemed as toxic or hazardous substances, pollutants, or wastes by Environmental Law and the following substances:
gasoline, kerosene, other flammable or toxic petroleum products, toxic pesticides and herbicides, volatile solvents,
materials containing asbestos or formaldehyde, and radioactive materials; (b) "Environmental Law" means federal
laws and laws of the jurisdiction where the Property is located that relate to health, safety or environmental
protection; (c) "Environmental Cleanup" includes any response action, remedial action, or removal action, as
defined in Environmental Law; and (d) an "Environmental Condition" means a condition that can cause, contribute
to, or otherwise trigger an Environmental Cleanup.
Borrower shall not cause or permit the presence, use, disposal, storage, or release of any Hazardous
Substances, or threaten to release any Hazardous Substances, on or in the Property. Borrower shall not do, nor allow
anyone else to do, anything affecting the Property (a) that is in violation of any Environmental Law, (b) which
creates an Environmental Condition, or (c) which, due to the presence, use, or release of a Hazardous Substance,
creates a condition that adversely affects the value of the Property. The preceding two sentences shall not apply to
the presence, use, or storage on the Property of small quantities of Hazardous Substances that are generally
recognized to be appropriate to normal residential uses and to maintenance of the Property (including, but not
limited to, hazardous substances in consumer products).
PENNSYLVANIA - Single Family - Fannie MadFreddie Mac UNIFORM INSTRUMENT WITH MERS Form 3039 /Ol
VMP-6A(PA) (0508).01 page 12 of 15
Initials:
BKI973PG4267
r
Borrower shall promptly give Lender written notice of (a) any investigation, claim, demand, lawsuit or
other action by any governmental or regulatory agency or private party involving the Property and any Hazardous
Substance or Environmental Law of which Borrower has actual knowledge, (b) any Environmental Condition,
including but not limited to, any spilling, leaking, discharge, release or threat of release of any Hazardous Substance,
and (c) any condition caused by the presence, use or release of a Hazardous Substance which adversely affects the
value of the Property. If Borrower learns, or is notified by any governmental or regulatory authority, or any private
party, that any removal or other remediation of any Hazardous Substance affecting the Property is necessary,
Borrower shall promptly take all necessary remedial actions in accordance with Environmental Law. Nothing
herein shall create any obligation on Lender for an Environmental Cleanup.
NON-UNIFORM COVENANTS. Borrower and Lender further covenant and agree as follows:
22. Acceleration; Remedies. Lender shall give notice to Borrower prior to acceleration following
Borrower's breach of any covenant or agreement in this Security Instrument (but not prior to acceleration
under Section 18 unless Applicable Law provides otherwise). Lender shall notify Borrower of, among other
things: (a) the default; (b) the action required to cure the default; (c) when the default must be cured; and (d)
that failure to cure the default as specified may result In acceleration of the sums secured by this Security
Instrument, foreclosure by judicial proceeding and sale of the Property. Lender shall further inform
Borrower of the right to reinstate after acceleration and the right to assert in the foreclosure proceeding the
non-existence of a default or any other defense of Borrower to acceleration and foreclosure. If the default is
not cured as specified, Lender at its option may require immediate payment in fall of all sums secured by this
Security Instrument without further demand and may foreclose this Security Instrument by judicial
proceeding. Lender shall be entitled to collect all expenses Incurred in pursuing the remedies provided in this
Section 22, Including, but not limited to, attorneys' fees and costs of title evidence to the extent permitted by
Applicable Law.
23. Release. Upon payment of all sums secured by this Security Instrument, this Security Instrument and
the estate conveyed shall terminate and become void. After such occurrence, Lender shall discharge and satisfy this
Security Instrument. Borrower shall pay any recordation costs. Lender may charge Borrower a fee for releasing this
Security Instrument, but only if the fro is paid to a third party for services rendered and the charging of the fee is
permitted under Applicable Law.
24. Waivers. Borrower, to the extent permitted by Applicable Law, waives and releases any error or
defects in proceedings to enforce this Security Instrument, and hereby waives the benefit of any present or future
laws providing for stay of execution, extension of time, exemption from attachment, levy and sale, and homestead
exemption.
25. Reinstatement Period. Borrower's time to reinstate provided in Section 19 shall extend to one hour
prior to the commencement of bidding at a slieriff's sale or other sale pursuant to this Security Instrument.
26. Purchase Money Mortgage. If any of the debt secured by this Security Instrument is lent to Borrower
to acquire title to the Property, this Security Instrument shall be a purchase money mortgage.
27. Interest Rate After Judgment. Borrower agrees that the interest rate payable after a judgment is
entered on the Note or in an action of mortgage foreclosure shall be the rate payable from time to time under the
Note.
PENNSYLVANIA -Single Family - Fannie Mae/Freddle Mae UNIFORM INSTRUMENT\WITH MERS Form 30 1/01
1*W-"(PA) (0508).01 Page 13 of IS
Initials:
. BK1973PG4268
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Security
Instrument and in any Rider executed by Borrower and recorded with it,
Witnesses:
)6 A JA ?t, I c
? (Seal)
M c iael A Sola -Borrower
aa?
(Seal)
0 Alin Marie S012 Borrower
-_ (Seal)
-Borrower
_ (Seal)
-Borrower
PENNSYLVANIA - Single Family - Fannio Mae/Freddie Mae UNIFORM IN9MUMENT WITH MFRS Form 30391/01
VMP-6A(PA) (0508).01 Page 14 of IS
891973PG4269
3
COMMONWEALTH of pNNSYLVA m A, ?LD tQ.V County ss:
On this, the day of before me, the undersigned officer,
Personally appeared Michael A Sola and Ann Marls Sola,
known to me (or sa6sftictorily proven) to be. the person s) whose name(s) ism subscribed to the within instrument
and acknowledged that be/she/tlexccuted tho same for the purposessierein contained.
IN WITNESS WIIMWF, I hereunto?et my hand and official seal.
MIGNSP
MyI
Certifteati
I,
within-nan
W
Agent of Morigagtx
PENNSYLVANIA - Single Finally - Fannie MuNreddie Mae UNIFORM INSTRUMENT WITH MERS
VNV-6A(PA) (OSOB).OI Pago 1S of 15
Form 30391/01
Initials:
BK 1973PG4270
Assessor's Parcel Number:
#R 0 e
Re ge etw In
950 BY ATI WA
23
UI
o:
Fir t std n al ge ork Ii d/b(a Surel?oint Lending
950 Orms Stali Road
L UC 4022
E O C L
[Space Above This Line For Recording Data]
FIXED/ADJUSTABLE RATE RIDER
(LIBOR One-Year Index (As Published In The Wall Street Journal) - Rate Caps)
DOC ID #:
THIS FIXED/ADJUSTABLE RATE RIDER is made this 15th day of November, 2006, and is
incorporated into and shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security
Deed (the "Security Instrument") of the same date given by the undersigned ("Borrower") to secure
Borrower's Fixed/Adjustable Rate Note (the "Note") to First Residential Mortgage Network, Inc d/b/a
SurePoint Lending ("Lender") of the same date and covering the property described in the Security
Instrument and located at:
1612 FOX HOLLOW RD, MECHANICSBURG, PENNSYLVANIA 17055
[Property Address]
THE NOTE PROVIDES FOR A CHANGE IN BORROWER'S FUKED INTEREST
RATE TO AN ADJUSTABLE INTEREST RATE. THE NOTE LII1IM THE
AMOUNT BORROWER'S ADJUSTABLE INTEREST RATE CAN CHANGE AT
ANY ONE TIME AND THE MAXIMUM RATE BORROWER MUST PAY.
ADDITIONAL COVENANTS. In addition to the covenants and agreements made in the
Security Instrument, Borrower and Lender further covenant and agree as follows:
Conv
• MULTISTATE FIXED/ADJUSTABLE RATE RIDER - WSJ One-Year LIBOR - Single Family INTEREST ONLY
FE-4266 (0603) Page 1 00 Initials:
cw4266
OKI973PG4271
A. ADJUSTABLE RATE AND MONTHLY PAYMENT CHANGES
The Note provides for an initial fixed interest rate of 7.000%. The Note also provides for a change
in the initial fixed rate to an adjustable interest rate, as follows:
4. ADJUSTABLE INTEREST RATE AND MONTHLY PAYMENT CHANGES
(A) Change Dates
The initial fixed interest rate I will pay will change to an adjustable interest rate on the FIRST day
of December, 2013, and the adjustable interest rate I will pay may change on that day every 12th month
thereafter. The date on which my initial fixed interest rate changes to an adjustable interest rate, and each date
on which my adjustable interest rate could change, is called a "Change Date."
(B) The Index
Beginning with the first Change Date, my adjustable interest rate will be based on an Index. The
"Index" is the average of interbank offered rates for one year U.S. dollar-denominated deposits in the
London market ("LIBOR"), as published in The Wall Street Journal. The most recent Index figure
available as of the date 45 days before each Change Date is called the "Current Index".
If the 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) Calculation of Changes
Before each Change Date, the Note Holder will calculate my new interest rate by adding Two and
One-Fourth percentage points (2.250%) to the Current Index. The Note Holder will then round the result
of this addition to the nearest one-eighth of one percentage point (0.125%). Subject to the limits stated in
Section 4(D) below, this rounded amount will be my new interest rate until the next Change Date.
(D) Limits on Interest Rate Changes
The interest rate I am required to pay at the first Change Date will not be greater than 12.000% or
less than 2.2509/o. Thereafter, my adjustable interest rate will never be increased or decreased on any single
Change Date by more than two percentage points from the rate of interest I have been paying for the
preceding 12 months. My interest rate will never be greater than 12,000% or less than 2.250%.
(E) Effective Date of Changes
My new interest rate will become effective on each Change Date. I will pay the amount of my
new monthly payment beginning on the first monthly payment date after the Change Date until the amount
of my monthly payment changes again.
(F) Notice of Changes
The Note Bolder will. deliver or mail to me a notice of any changes in my initial fixed interest rate
to an adjustable interest rate and of any changes in my adjustable interest rate before the effective date of
any change. The notice will include the amount of my monthly payment, any information required by law
to be given to me and also the title and telephone number of a person who will answer any question 1 may
have regarding the notice.
B. TRANSFER OF THE PROPERTY OR A BENEFICIAL INTEREST IN BORROWER
1. UNTIL MY INITIAL INTEREST RATE CHANGES UNDER THE TERMS STATED
Coav
. MULTISTATE FM WADIUSTABLB RATE RIDER - WSJ One-Year LIBOR - Single Family INTEREST ONLY
FE4266 (0603) Page 2 of 5
6Ki973PG4272
-
ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT IS DESCRIBED AS
FOLLOWS:
't'ransfer of the Property or a Beneficial Interest in Borrower. As used in this
Section 18, "Interest in the Property" means any legal or beneficial interest in the
Property, including, but not limited to, those beneficial, interests transferred in a bond for
deed, contract for deed, installment sales contract or escrow agreement, the intent of
which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred
(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or
transferred) without tender's prior written consent, Lender may require immediate
payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Lender if such exercise is prohibited by Applicable Law.
If Lender exercises this option, Lender shall give Borrower notice of acceleration.
The notice shall provide a period of not less than 30 days Itom the date the notice is given
in accordance with Section 15 within which Borrower must pay all sums secured by this
Security Instrument. If Borrower fails to pay these sums prior to the expiration of this
period, Lender may invoke any remedies permitted by this Security Instrument without
further notice or demand on Borrower.
2. AFTER MY INITIAL INTEREST RATE CHANGES UNDER THE TERMS STATED
ABOVE, UNIFORM COVENANT 18 OF THE SECURITY INSTRUMENT DESCRIBED IN SECTION
11(A) ABOVE SHALL THEN CEASE TO BE IN EFFECT, AND UNIFORM COVENANT 18 OF THE,
SECURITY INSTRUMENT SHALL INSTEAD BE DESCRIBED AS FOLLOWS:
Transfer of the Property or a Beneficial Interest in Borrower. As used in this
Section 18, "Interest in the Property" means any legal or beneficial interest in the
Property, including, but not limited to, those beneficial interests transferred in a bond for
deed, contract for deed, installment sales contract or escrow agreement, the intent of
which is the transfer of title by Borrower at a future date to a purchaser.
If all or any part of the Property or any Interest in the Property is sold or transferred
(or if Borrower is not a natural person and a beneficial interest in Borrower is sold or
transferred) without Lenders prior written consent, Lender may require immediate
payment in full of all sums secured by this Security Instrument. However, this option
shall not be exercised by Leader if such exercise is prohibited by Applicable Law.
Lender also shall not exercise this option if (a) Borrower causes to be submitted to
Lender information required by Lender to evaluate the intended transferee as if a now
loan were being made to the transferee; and (b) Lender reasonably determines that
Lender's security will not be impaired by the loan assumption and that the risk of a
breach of any covenant or agreement in this Security Instrument is acceptable to Lender.
Core
• MULTISTATE FtXEDlADJUSTABLE RATE RIDER -WSJ One-Year LIBOR - Single Fwnily INTEREST ONLY
FE-4266 (0603) Page 3 ors
BK 19 73PG4273`
? f -
t ?
1 ?
To the extent permitted by Applicable Law, Lender may charge a reasonable fee as a
condition to Lender's consent to the loan assumption. Lender also may require the
transferee to sign an assumption agreement that is acceptable to Lender and that obligates
the transferee to keep all the promises and agreements made in the Note and in this
Security Instrument. Borrower will continue to be obligated under the Note and this
Security Instrument unless Lender releases Borrower in writing.
If Lender exercises the option to require immediate payment in full, Lender shall
give Borrower notice of acceleration. The notice shalt provide a period of not less than
30 days from the date the notice is given In accordance with Section 15 within which
Borrower must pay all sums secured by this Security Instrument. If Borrower fails to pay
these sums prior to the expiration of this period, Lender may invoke any remedies
permitted by this Security Instrument without further notice or demand on Borrower,
Conv
• MULTISTATE FDMD/ADJUSTABLE RATE RIDER -WSJ One-Year LIBOR -Single Family INTEREST ONLY
FF, 4266 (0603) Pagc 4 of 5
BKI973PG4274
r'
t
t ..
BY SIGNING BELOW, Borrower accepts and agrees to the terns and covenants contained in this
Fixed/Adjustable Rate Rider.
I understand that for the Interest Only Period my monthly payments will not reduce the Principal
balance on my loss. My monthly payments after the Interest Only Period will consist of both
Principal and interest and will be higher unless I have made additional payments to reduce the
Principal balance.
( c (S-1) - (seal)
Michael A Sola Boaower A Marie ola Borrower
_ (Seal)
-Borrowcr
Corn?
• MULTISTATE FMD/ADJUSTABLE RATE RIDER - WSJ Onc-Ycar LIBOR - Single Faunily INTEREST ONLY
FE-4266 (0603) Page 5 of 5
_ (Seal)
-Borrower
DU I
UA
973PG4275
Y
.? D
° f.
File Number: 206100404 Exhibit "A"
All that certain lot or tract of land being situated along the East side of Lisburn Road, SE 2017, in Lower Allen
Township, Cumberland County, Pennsylvania, said Lot being shown as Lot No. 5 on Final Subdivision Plan for High
Meadow, Phase IV, dated July 19, 1996, and last revised August 27, 1997, as recorded in Plan Book 75, Page 94, said Lot
being more particularly bounded and described as follows: -
Beginning at a point on the Western right-of-way line of Fox Hollow Road, said point being the Northeastern corner of
the above described Lot and the Southeastern corner of Lot No. 4 of the above-reference Subdivision Plan; thence along
the same right-of-way line a curve to the left with a radius of 1,425.00 feet and a length of 145.98 feet to a point; thence
along the Northern property line of Lot No. 6, South 50 degrees 01 minutes 01 seconds West, 197.18 feet to a point on
the Northern right-of-way line of Lisburn Road (SE 2017); thence along the same right-of-way line, the following two (2)
courses and distances 1) a curve to the right of a radius of 559.74 feet and an arc length of 86.54 feet 2) North 42 degrees
00 minutes 30 seconds West, 82.20 feet to a point; thence along the Southern property line of Lot No. 4, North 55 degrees
53 minutes 11 seconds East, 218.42 feet to a point, being the point of beginning. Containing an area of 32,670 square feet
(0.750 acres).
Being the same property conveyed to Michael A. Sola and Ann Marie Sola, husband and wife, by Special Warranty Deed
dated January 4, 2005, of record in Book 267, Page 331, in the Office of the Recorder of Deeds of Cumberland County,
Pennsylvania. Also, being the same property PREVIOUSLY conveyed to New Penn Motor Express, Inc., by Deed dated
September 9, 1982, of record in Book X, Volume 29, Page 53, in the Office aforesaid.
Being the same property commonly known as: 1612 Fox Hollow Road, Mechanicsburg, Pennsylvania 17055
Tax 1D No.: 13-28-2430-117
I Certify this to be recorded
In Cumberland County PA
a „
" W Recorder of Deeds
8K I 973PG427-6
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Pat 4,54EM
SHERIFF'S OFFICE OF CUMBERLAND COUNTY
Ronny R Anderson
Sheriff
Jody S Smith
Chief Deputy
Richard W Stewart
SOiICItOr
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4FtiCE .'F'rE ~~~RIFF
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The Bank of New York Mellon fka The Bank of New York Case Number
vs. 2009-8527
Michael A. Sola (et al.)
SHERIFF'S RETURN OF SERVICE
04/09/2010 01:41 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April
9, 2010 at 1339 hours, she posted a true copy of the within Real Estate Writ, Notice, Poster and
Description, in the above entitled action, upon the property of Michael A. Sola & Ann Marie Sola, located a
1612 Fox Hollow Road, Mechanicsburg, Cumberland County, Pennsylvania according to law.
04/09/2010 01:40 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April
9, 2010 at 1339 hours, she 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: Michael A. Sola, by making known
unto, Ann Marie Sola, wife of defendant, at 1612 Fox Hollow Road, Mechanicsburg, Cumberland County,
Pennsylvania its contents and at the same time handing to her personally the said true and correct copy o1
the same.
04/09/2010 01:40 PM -Michelle Gutshall, Deputy Sheriff, who being duly sworn according to law, states that on April
9, 2010 at 1339 hours, she 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: Ann Marie Sola, by making known
unto, Ann Marie Sola, personally, at 1612 Fox Hollow Road, Mechanicsburg, Cumberland County,
Pennsylvania its contents and at the same time handing to her personally the said true and correct copy of
the same.
05/28/2010 Property sale postponed to 7/7/2010.
07/06/2010 Property sale postponed to 8/4/2010.
08/02/2010 Ronny R. Anderson, Sheriff, who being duly sworn according to law, states that this writ is returned
STAYED, per letter of instruction from Attorney Terrence McCabe on 7/30/10
SHERIFF COST: $901.85 SO ANSWERS,
August 04, 2010 RON R ANDERSON, SHERIFF
~ -fly paQ~ ~ ,
(ci CountySuite Sheriff, Telec.=,oft: b^r,.
L~ ~0~.
G12~ 77~i~i~
4
McCAi3h, WF-.ISI3EI2G ANI) CONWAY, P.C.
13Y: '1'I:I2RINCI;.1. McCAt3E, ESQUli2E - lt) # t(i49G
MARC' S. t'~'EISBERG, ESQiJIRE - Ii) # 17Glli
I;DWAI2I) 1). CONWAY, IsSQUIRT? - IU #3 34G87
MARGARET CAIRO, L'SQUIRI?. - lI) # 34319
123 South Broad Street, Suite 20$0
Philadelphia, Pennsyh•ania 191(19
(21S) 79f)-1011)
The Bank C)fNew Yo3•k Mellon Fka'T'hl f3anl< Ot'Ne~~•
York, As lYtlStll J'vl' C Ill CC'i't3liCitl'lhQldll'S C.14'i.ilt, Inc..
Alternative Loan 'Trust. ?OUb-i•Il' 13, Mortgage
Pass-Through Certificates, Series 2006-1 f'S' 13
Plaintiff
v.
Michael A Sola and Ann Marie Sola
Defendants
Attorttcys for Plaintiff
ClJMI3I3121-,AND COfJNTY
CC)111Z'1. 01~ CUi~~1A~10N I'l:l~:~l:~
NO: 09-85?7 Civil '1'e3-m
AFF1pAVIT 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 dte following information conce--tting the real property located at: lG l? Pox }-fallow Road,
Mechanicsburg, Pennsylvania 17055, a cape of the description oPsaid property being attached hereto and marked l;xhibit
.. A ..
1. Name and address of Owners or Reputed O~~mers
Name Address
Michael A Sola 1 G 12 Fax I~follow Rd
Mechanicsburg, PA 170.55
Ann Marie Sola 1612 Fox 1-Iollow Rd
Mechanicsburg, I'A 17055
2. Name and address oi' Defendants in the judgment:
Name Address
Michael A Sola 1612 Fox l~fallow Rd
Melhanicsbtn•g, Pennsylvania i70SS
Ann Marie Sola I(12 I~ox I{ollo++•• Rd
Mechanicsburg, Pcnnsvlvania 17051
3. Name and last kno++~n address ai'evcr}~ judgment creditor ++~hose •judgntcnt is a record lien on the real
property to be sold:
Name Address
Plaintiff herein.
First National E3ank c>i'Pennsylvania 2CiU0 Commerce Urive
Harrisburg, Pcmtsylvania 171 ] 0
4. Name and address of the last recorded holder of every mortgage of record:
Name Address
Plaintiff hercirt,
Mortgage Electronic Regish•ation 1'O Sox 2026
Systems, Inc., acting solely as a ]lint , Michigan aSS01
nominee for Countty~~ide [3anlt, FSE3
Mortgage 1:IecU•onic Itegistratiort 1199 North i'airfax Street, Ste. 500
Systems, Inc., acting solely as a Alexandria, Virginia 22314
nominee for Country+vide E3a»k, I'SI3
5. Name and address of every other person +vlto has any record lien on the praperty;
Name Address
NONI3
6. Name and address of every other person +~~ho has any record interest in the property +~~hich may be
affected by the sale:
Name Address
NONI
7. Name and address o1'every ocher person of whom the plaintiff has knowledge who has any interest in the
properly which may be affected by the sale:
Name Address
"1'cnantsJOccupants ] G 12 Fox 1-lollow Road
Mechanicsburg, 1'e.nnsylvania 17055
Commonwea)th of Pennsylvania Department of Public Welfare
P.U. 13ox 2675
l-Iarrisburg, PA 17 } OS
C.OmntOnll'Ciillh Of Pl'n11S)'I\'artl<i 1 10 N011'h ~~~' Stt•eet
11thCr'itallCC •fax C)fiICC Suite #204
Philadelphia, PA 19)07
{-.OntltlOttl~~calth of Pennsyivania Gth floor, su•awberty Square
Bureau of lnclividual "1'ax Department 1;280601
Inheritance •T'ax Division Harrisburg, PA f 7128
UeparUnent of Public Wellare Willow Oak Building
TPL. Casu<•tlty Unit fatale P.O. Box 8486
Recovery E'rogram 1-larrisburg, PA 17145-8486
1'A Depart.ment of Revenue Bureau of Compliance
P.O. Box 281230
1-Iarrisburg, PA 17 ] 28-1230
Connnonwealth of Pennsylvania Clearance Support Deparnnent 281230
Department of Revenue Bureau of I Iarrisburg, PA 17128-1230
Compliance A"I'•1`N: Sheriff's Sales
United States ofAmerica Internal Revenue Service
'T`echnical Support Group
William Green I=ederal Tuilding
Room 3259
600 Arch Street
Philadelphia, PA 19106
1.)pn7CSt1C RClittlprtS P,C). Box 320
Cwnberland County Carlisle, PA 17013
United Slates of America c/o United States Attorney for the
Middle Disu•ict of PA
235 North Washington Street
Scranton, PA 18503
and
I~edcral Building
228 Walnut Street
P.O. Box 1 ] 7S4
1-larrisburg, PA 17108
Name and address of Attorney of record:
Name Address
NONE
1 verify that the statements made in this Af'f'idavit are U•ue and correct to the Vest of my personal kno~ti~ledge Ur
I11fOI'111aU01) 8134 Uellcl. 1 U13d~1'Stalld thi3t fa1SC Sl8tC111enIS hc•I'eIn al'e 113ade SUh~eel IU 1'he pel3afU05 O1' I8 Pa.C..S. SectlUn
,.y
4904 I'elatin~ to unstvorn falsification to aUt'h01'IiICS, f~-
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l~ebruarv' 28.2010 '1'ERRGNCI J. McCAl3L, ['sSQUIRts~
l:)AT1 MAI2C S. WE:ISI3GRG, rsgl)Iltr
rla~~-~ARIy v, corvwA~~, rs~ulRr
mARCAIt>~~• ca-IRO, I.sQuntr
Anol•»eys f~l• P1ah,t;ff
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All that certain lot: or tract of land being sitl.rated along the last side o1'I:isburn Road, SR 2U] 7, in l.oe~-er
Allen "1'o~~fnship, Cunlherlarld County, Pennsylvania, said L,ot being, sho~~m as l,ot. Nc:)..5 cm a 1=final
Subdivision Plan for High Meadi)w, I'hasc; 1V, dated .luly 19, 1996, alld last revised A~Igust 27, 1997, as
recorded in Plan Book 75, Page 94, Sald LOt belllg ]1101'e hal'tlCUlarly bounded anct described as follows:
}3eginning at a point on the Western right-oi=way tine of Fox I-Iollow Road, said point being the
Northeastern corner of the above described l~,ot and t11e. Southeastern corned oP I~ot No. 4 of the above-
refcrenced Subdivision Plan; thence along the same right-of=way line a curve to the left with a radius of
1,-125.0(1 feet and a Iellgth of 145.98 feci to a pc)int; thence along 111c Norther,) propcr•ty line of Lot No. 6,
South SU degrees U 1 minutes U I seconds West, 197.18 feet to a I~oint. on the No,-thcrn right-oi=way line of
l...isburn Road {SR 2017}; thence along the same right-of way line, the following two (2) courses and
distances I) a curve to the right. of a radius of 55).74 feet and an arc length of 86,54 feet 2) North 42
degrees 00 minutes 30 seconds West, 82,20 feet to a point; thence along tllc Southern property line of I.at
No. 4, North 55 degrees 53 minutes 1 1 seconds East, 218.42 feet to a point, being the Point of the
13cginning.
Containing an area of 32,fi7U square feet {0,750 acres).
Being Know-1 As: 1612 Fox I-Iollow Road, Mechanicsburg, Pennsyh~ania 17055.
I3I:1NC the Sa111C 1)1'emISCS \4'tliCll NI~W PI?NN MOTOR CXI'R1SS, INC. by deed dated January 4, 2005
and recorded January 7, 2005 in the office of the Recorder in and for Cumberland County in Deed E3ook
267, Page 33I, granted and conveyed to Michael A Sala and Ann Marie Sola, husband and wtte, in fee.
TAX MAP I'ARGIAI. NUMBER: 13282430 117
PROOF OF PUBLICATION OF NOTICE
IN CUMBERLAND LAW JOURNAL
(Under Act No. 587, approved May 16, 1929), P. L.1784
COMMONWEALTH OF PENNSYLVANIA
ss.
COUNTY OF CUMBERLAND
Lisa Marie Coyne, Esquire, Editor of the Cumberland Law Journal, of the County and
State aforesaid, being duly sworn, according to law, deposes and says that the Cumberland Law
Journal, a legal periodical published in the Borough of Carlisle in the County and State aforesaid,
was established January 2, 1952, and designated by the local courts as the official legal
periodical for the publication of all legal notices, and has, since January 2, 1952, been regularly
issued weekly in the said County, and that the printed notice or publication attached hereto is
exactly the same as was printed in the regular editions and issues of the said Cumberland Law
Journal on the following dates,
viz:
April 16, April 23, and April 30, 2010
Affiant further deposes that he is authorized to verify this statement by the Cumberland
Law Journal, a legal periodical of general circulation, and that he is not interested in the subject
matter of the aforesaid notice or advertisement, and that all allegations in the foregoing
statements as to time, place and character of publication are true.
-_------
sa Marie Coyne, ditor
SWORN TO AND SUBSCRIBED before me this
30 da o~pril, 2010
Notary
NOTARIAL SEAL
DE60RAH A COLUN8
Nohry P~Nc
U8LE 90R000Fi, CUMIBERLANO COUNTY
~ co~Nna.loe Expo Apr 2a, 20»
wm >A.. ~-aarr ciu
The Bank of New York Mellon fka
The Bank of New York as Trustee
for the Certificateholders, CWALT,
Inc., Alternative Loan Trust
2006HY13, Mortgage Pass Through
Certificates, Series 2006-HY13
vs.
Michael A. Sola
Ann Marie Sola
Atty: Terrence McCabe
All that certain lot or tract of land
being situated along the East side of
Lisburn Road, SR 2017, in Lower Al-
len Township, Cumberland County,
Pennsylvania, said Lot being shown
as Lot No. 5 on a Final Subdivision
Plan for High Meadow, Phase IV,
dated July 19, 1996, and last revised
August 27, 1997, as recorded in
Plan Book 75, Page 94, said Lot be-
ing more particularly bounded and
described as follows:
Beginning at a point on the West-
ern right-of-way line of Fox Hollow
Road, said point being the North-
eastern corner of the above described
Lot and the Southeastern corned of
Lot No. 4 of the above-referenced
Subdivision Plan; thence along the
same right-of-way line a curve to
the left with a radius of 1,425.00
feet and a length of 145.98 feet to
a point; thence along the Northern
property line of Lot No. 6, South 50
degrees O1 minutes O1 seconds West,
197.18 feet to a point on the Northern
right-of-way line of Lisburn Road
(SR 2017); thence along the name
ngnt-of-way line, the following two
(2) couraea and distances 1) a curve
to the right of a radius of 559.74
feet and an arc length of 86.54 feet
2) North 42 degrees 00 minutes 30
seconds West, 82.20 feet to a point;
thence along the Southern property
line of Lot No. 4, North 55 degrees
53 minutes 11 seconds East, 218.42
feet to a point, being the Point of the
Beginning.
Containing an area of 32,670
square feet (0.750 acres).
Being Known As: 1612 Fox Hollow
Road, Mechanicsburg, Pennsylvania
17055.
BEING the same premises which
NEW PENN MOTOR EXPRESS, INC.
by deed dated January 4, 2005 and
recorded January 7, 2005 in the of-
fice of the Recorder in and for Cum-
berland County in Deed Book 267,
Page 331, granted and conveyed to
Michael A Sola and Ann Marie Sola,
husband and wife, in fee.
TAX MAP PARCEL NUMBER:
13282430117.
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'7+tiwaw.+` .r $9tN~S~ tF!,r, ~.'"at!!C1ltl{i:.' ~f~
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The Patriot-News Co.
2020 Technology Pkwy
Suite 300
Mechanicsburg, PA 17050
Inquiries - 717-255-8213
CUMBERLAND GO. SHERIFFS OFFICE
CUMBERLAND COUNTY COURT HOUSE
CARLISLE
PA 17013
~he~latriot News
NOw you know
THE PATRIOT NEWS
THE SUNDAY PATRIOT NEWS
Proof of Publication
Under Act No. 587, Approved May 16, 1929
Commonwealth of Pennsylvania, County of Dauphin} ss
Marianne Miller, being duly sworn according to law, deposes and says:
That she is a Staff Accountant of The Patriot News Co., a corporation organized and existing under the laws of the
Commonwealth of Pennsylvania, with its principal office and place of business at 812 to 818 Market Street, in the City of
Harrisburg, County of Dauphin, State of Pennsylvania, owner and publisher of The Patriot-News and The Sunday Patriot-News
newspapers of general circulation, printed and published at 812 to 818 Market Street, in the City, County and State aforesaid; that
The Patriot-News and The Sunday Patriot-News were established March 4th, 1854, and September 18th, 1949, respectively, and
all have been continuously published ever since;
That the printed notice or publication which is securely attached hereto is exactly as printed and published in their regular
daily and/or Sunday/ Metro editions which appeared on the date(s) indicated below. That neither she nor said Company is
interested in the subject matter of said printed notice or advertising, and that all of the allegations of this statement as to the time,
place and character of publication are true; and
That she has personal knowledge of the facts aforesaid and is duly authorized and empowered to verify this statement on
behalf of The Patriot-News Co. aforesaid by virtue and pursuant to a resolution unanimously passed and adopted severally by the
stockholders and board of directors of the said Company and subsequently duly recorded in the office for the Recording of Deeds
in and for said County of Dauphin in Miscellaneous Book "M", Volume 14, Page 317.
PUBLICATION COPY This ad ran on the dates) shown below:
04/16/10
123/10
130/10
COMMQNW~gl,1}{ pp pENN51'IVANIq
5herrje L. K~+' ~
Lower P~tpn ,Notary PutNk
MY Commlasdoe~•~ DauphM County
Expr+~t Nov. 26, 2011
Member, Pennsylvania AFso~atlon of Notaries
Writ No. 3ppa•8527 Civil Temt
i Rt• ink of hMwYork Mallon fka
1M gtMc of Newyork
as Trustee for the
. Certificateholders, CWALT, Inc.,
Alternative
Loan 71rwt 2OO6HY13, Mortgage
PaasThSOtph Certificates; Series
' 2006-HY73.
Vs. ,
Michael A. Sola
Ann Marie SOIa
Arty: ~errr:McCabe
ALL THAT CBRfAIN tot ortract of land being
situated along"rho East aide of J:isbum Road, SR
2017, in iower'Allen Township, Cumberland .
County, Pennsylv~tia; said Lot being shown as
Lot No. 5 on a Final 5ubdivisioa Plan for High
Meadow, phase IY, dated July 19 1996, and last
revi~edAUgta,t'~7;1497,asreccsdedinPlanBook
75, Pa®e 94, satd Lot being more particulazly
bounded and deacaibcd as follows:
BEGJNN~NCi at: a point on the Westernright-of-
way lineflfFoxHollowRoad; saidpointbeingthe
Northeastern corner of thb above described Lot
and'dte'Southeasum corned of Lot No. 4 of the
above-roferenced;Subdivision Plan; thence along
the same rig~ofway line a curve to the left with
a radius of 1,425.00 feet and a length of 145.98
Fcet to a point; thence along the Nocthem pmpeaty
Gne of Lot No. 6; South 50 degrees 01 minutes
Ol seconds Weat,.197.18 fcet to a point ap the
Northern tight-of-way line of Lisburn Road {SR
2017); thence amng the same right-of-way line,
the following two {2) courses and distances 1} a
cutveto thetight ofaradius of 559.74 feet and an
arc length of 86.54 feet 2) North 42 degrees 00
minutes 30 seconds West, 82.20 feet to a point;
thence along the Southern property line of Lot
No. 4, North 55 degrees 53 minutes 11 seconds.
East, 218.42 fcet to a point, being the Point of
the Beginaiag.
Containing an area" of 32,670 sgaaze feet {0.750 .
acres).
BEING Known As: 1612 Fox Hollow Road;
Mechanicsburg, Pennsylvania 17055.
BEING the same premises which NEW PENN
MOTOR EXPRESS, INC. by deed datedJanuary
A, 2005 and rceordedJanuary 7, 2005 inthe office
'" of the Recorder io and for Cumberland County in
i)aal,Book 267, Page 331, granted and conveyed
to Midtael A Sofa and Ann Marie Sola, husband
ud wife,. in fee.
TAX MAp PAl!<(~. NUMBER:13282430117
v
i
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 - Ill # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID #74770
MARISA J. COHEN, ESQUIRE - ID # 87830
SCOTT T. TAGGART, ESQUIRE - ID # 86862
KEVIN T. MCQUAIL, ESQUIRE - ID # 307169
CHRISTINE L. GRAHAM, ESQUIRE - ID# 309480
BRIAN T. LAMANNA, ESQUIRE - ID# 310321
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
The Bank of New York Mellon fka The Bank
of New York as Trustee for the
Certificateholders CWALT, Inc. Alternative
Loan 'T'rust 2006-HY13, Mortgage
Pass-Through Certificates, Series 2006-HY13
Plaintiff
V.
Michael A Sola and Ann Marie Sola
Defendants
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
No. 09-8527 Civil Term
PRAECIPE TO VACATE JUDGMENT
TO THE PROTHONOTARY:
c
M= 3?0
c.n r
8
Kindly vacate, upon payment of your costs only, the default judgment entered in the above-
captioned matter against defendants MICHAEL A SOLA and ANN MARIE SOLA on January 22,
2010. This praecipe to vacate is filed without prejudice to plaintiffs rights in this matter and is
without prejudice to plaintiffs right of recovery against defendants on the underlying obligation.
DATE:
Kev n T. McQuail, Esquire
Attorney for Plaintiff
Attorney for Plaintiff
?. lea 877
i
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496
MARC S. WEISBERG, ESQUIRE - ID # 17616
EDWARD D. CONWAY, ESQUIRE - ID # 34687
MARGARET GAIRO, ESQUIRE - ID # 34419
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009
HEIDI R. SPIVAK, ESQUIRE - ID 974770
MARISA J. COHEN, ESQUIRE - ID # 87830
SCOTT T. TAGGART, ESQUIRE - ID # 86862
KEVIN T. MCQUAIL, ESQUIRE - ID # 307169
CHRISTINE L. GRAHAM, ESQUIRE - ID# 309480
BRIAN T. LAMANNA, ESQUIRE - ID# 310321
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
The Bank of New York Mellon flea The Bank
of New York as Trustee for the
Certificateholders CWALT, Inc. Alternative
Loan Trust 2006-HY13, Mortgage
Pass-Through Certificates, Series 2006-HY13
Plaintiff
V.
Michael A Sola and Ann Marie Sola
Defendants
Attorney for Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
No. 09-8527 Civil Term
CERTIFICATE OF SERVICE
I, Kevin T. McQuail, Esquire, Attorney for Plaintiff, hereby certifies that a true and correct
copy of the within Praecipe to Discontinue and End, as well as Praecipe to Vacate Judgment, was
served on the below persons by regular first class mail, postage prepaid, on this day of
August, 2011.
Michael A & Ann Marie Sola
1612 Fox Hollow Rd
Mechanicsburg, Pennsylvania 17055
DATE: 3/? ,
Ke in T. McQuail, Esquire
Attorney for Plaintiff
McCABE, WEISBERG AND CONWAY, P.C.
BY: TERRENCE J. McCABE, ESQUIRE - ID # 16496 Attorn fo -flaintiff
MARC S. WEISBERG, ESQUIRE - ID # 17616 G ° -,
EDWARD D. CONWAY, ESQUIRE - ID # 34687 ca
=-
MARGARET GAIRO, ESQUIRE - ID # 34419 =V 7`C7,
ANDREW L. MARKOWITZ, ESQUIRE - ID # 28009 u"q cs? '?cs
HEIDI R. SPIVAK, ESQUIRE - ID #74770
MARISA J. COHEN, ESQUIRE - ID # 87830
rY
KEVIN T. MCQUAIL, ESQUIRE - ID # 307169
CHRISTINE L. GRAHAM, ESQUIRE - ID# 309480 -4 - ""
BRIAN T. LAMANNA, ESQUIRE - ID# 310321
123 South Broad Street, Suite 2080
Philadelphia, Pennsylvania 19109
(215) 790-1010
The Bank of New York Mellon fka The Bank
of New York as Trustee for the
Certificateholders CWALT, Inc. Alternative
Loan Trust 2006-HY13, Mortgage
Pass-Through Certificates, Series 2006-HY13
Plaintiff
CUMBERLAND COUNTY
COURT OF COMMON PLEAS
No. 09-8527 Civil Term
V.
Michael A Sola and Ann Marie Sola
Defendants
PRAECIPE TO DISCONTINUE AND END
TO THE PROTHONOTARY:
Kindly mark the above-captioned matter as Discontinued and Ended, without prejudice,
upon payment of your costs only.
Kevin T. NfcQuail, Esquire
ATTORNEY FOR PLAINTIFF